Harris v. Alabama Department of Corrections(INMATE 1)
| Kenneth Eugene Harris |
| Alabama Department of Corrections, Tim Forte, Jefferson S. Dunn and Donald Tadlock |
| 2:2020cv00789 |
| October 2, 2020 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| R Austin Huffaker |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 Partial Filing fee received: $ 62.00, receipt number 4602060334 (dmn, ) |
Filing 19
ORDER: Upon review of the Amended Inmate 1983 Complaint filed by Plaintiff on 11/24/2020 (Doc. #18 ), and as this document fails to comply with the specific directives of the order entered on 11/6/2020 (Doc. #17 ) regarding the filing of an amended complaint, it is ORDERED that the amended complaint be stricken from the docket and returned to Plaintiff. In the interest of fairness, the court deems it appropriate to allow Plaintiff another opportunity to file an appropriate amended complaint. The deficiencies in the amended complaint are set forth herein as further set out in the order. It is ORDERED that on or before 12/14/2020 Plaintiff shall file an amended complaint as further set out in the order. To aid Plaintiff in filing a response to this order, the Clerk is DIRECTED to provide him with a copy of the form used by prisoners to file 1983 complaints, and Plaintiff shall use this form in filing his amended complaint. The amended complaint will supersede the original complaint and will constitute the sole complaint on which the case proceeds. Signed by Honorable Judge Stephen Michael Doyle on 11/25/2020. Copy with Inmate 1983 complaint form mailed to Plaintiff as directed.(dmn, )
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| Filing 18 [STRICKEN FROM THE RECORD AND RETURNED TO PLAINTIFF PURSUANT TO COURT #19 ORDER.] AMENDED Inmate 1983 COMPLAINT against Jefferson S. Dunn, Tim Forte, Donald Tadlock, filed by Kenneth Eugene Harris.(dmn, ) Modified on 11/24/2020. (dmn, ) (Main Document 18 replaced on 11/25/2020) (dmn, ). |
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Filing 17
ORDER that on or before 11/30/2020 Plaintiff shall file an amended complaint as further set out in the order. To aid Plaintiff in filing a response to this order, the Clerk is DIRECTED to provide him with a copy of the form used by prisoners to file 1983 complaints, and Plaintiff shall use this form in filing his amended complaint. The amended complaint shall therefore supersede the original complaint. Signed by Honorable Judge Stephen Michael Doyle on 11/6/2020. Copy with Inmate 1983 complaint form mailed to Plaintiff as directed.(dmn, )
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| Filing 16 INITIAL Filing fee received: $ 40.93, receipt number 4602060076 (dmn, ) |
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Filing 15
ORDER ON MOTION: On 10/22/2020, Harris filed a document (Doc. #13 -1) in which he appears to seek information from the court with respect to both the manner in which to challenge the validity of his Calhoun County, AL murder conviction and attendant sentenced on which he is currently incarcerated, and a recent denial of parole. The court therefore construes this document to contain a motion for information. Upon consideration of the motion for information, it is ORDERED that this motion is GRANTED to the extent addressed in this order and DENIED in all other respects as further set out in the order. Signed by Honorable Judge Stephen Michael Doyle on 10/23/2020. (dmn, )
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Filing 14
ORDER ON MOTION: Upon consideration of the Motion for Extension of Time filed by the plaintiff on 10/22/2020 (Doc. #13 ), it is ORDERED that this motion is GRANTED. It is further ORDERED that the plaintiff is GRANTED an extension from 11/3/2020 to and including 12/3/2020 to file the initial partial filing fee as ordered by this court. Signed by Honorable Judge Stephen Michael Doyle on 10/23/2020. (dmn, )
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| MOTION for Information by Kenneth Eugene Harris. (dmn, ) (no pdf, see Doc. #13 for pdf) |
| Filing 13 MOTION Requesting Extension of Time for Required Filing Fee (Partial Fee) by Kenneth Eugene Harris. (Attachments: #1 Letter to Judge Doyle, #2 Exhibit E (Redacted), #3 Exhibit A1)(dmn, ) |
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Filing 12
ORDER ON MOTION: ORDER directing payment of initial partial filing fee of $ 40.93 be paid on or before 11/3/2020; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Granting #11 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Copies mailed to plaintiff and account clerk at Red Eagle. Signed by Honorable Judge Stephen Michael Doyle on 10/14/2020. (Furnished: Cashier) (amf, )
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| Filing 11 Application to Proceed Without Prepayment of Fees and Affidavit by Kenneth Eugene Harris (with attached Prisoner Trust Fund Account Statement). (dmn, ) |
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Filing 10
ORDER ON MOTION: It is ORDERED that the plaintiff's #4 Motion for Appointment of Counsel is DENIED as further set out in the order. Signed by Honorable Judge Stephen Michael Doyle on 10/5/2020. (dmn, )
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Filing 9
ORDER: It is ORDERED that on or before 10/25/2020 the plaintiff shall file either the appropriate affidavit in support of a motion for leave to proceed in forma pauperis accompanied by a prison account statement from the account clerk at Red Eagle as further set out in the order or, if he does not seek in forma pauperis treatment, the $400 filing/administrative fees. To aid the plaintiff in complying with this order, the CLERK is DIRECTED to furnish him with a copy of the form affidavit used by persons seeking to proceed IFP before this court and to provide a copy of this order to the inmate account clerk at Red Eagle. It is further ORDERED that the plaintiff shall immediately inform the court and the defendant of any change in his address. Signed by Honorable Judge Stephen Michael Doyle on 10/5/2020. Copy mailed to account clerk at Red Eagle as directed. Copy mailed to Plaintiff with IFP form as directed.(dmn, )
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| Filing 8 Case transferred in from District of Alabama Northern; Case Number 2:20-cv-01243. Original file certified copy of transfer order and docket sheet received. |
| Filing 7 Transfer letter to Middle District of Alabama. (AKD) [Transferred from alnd on 10/2/2020.] |
| Filing 6 NOTICE of filing letter to the court by Kenneth Harris (AKD) [Transferred from alnd on 10/2/2020.] |
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Filing 5
ORDER transferring case to the Middle District of Alabama-Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, and the objections thereto, the magistrate judges report and recommendation is ADOPTED and ACCEPTED. Accordingly, the court ORDERS this case to be TRANSFERRED to the United States District Court for the Middle District of Alabama for further proceedings, including resolution of the plaintiffs request for appointment of counsel. Original electronic record and certified copy of docket entries will be mailed to Clerk of Court at the Middle District of Alabama 10 business days from this date. Signed by Judge Abdul K Kallon on 09/21/2020. (AKD) [Transferred from alnd on 10/2/2020.]
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| Filing 4 RESPONSE to #3 R&R and MOTION to Appoint Counsel by Kenneth Harris. (KEK) [Transferred from alnd on 10/2/2020.] |
| Filing 3 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION re #1 Complaint filed by Kenneth Harris- For these reasons, the magistrate judge RECOMMENDS that this action be TRANSFERRED to the United States District Court for the Middle District of Alabama.Plaintiff may file specific written objections to this report and recommendation. Any objections must be filed with the Clerk of Court within 14 calendar days from the date the Report and Recommendation is entered. Signed by Magistrate Judge Gray M Borden on 09/09/2020. (AKD) [Transferred from alnd on 10/2/2020.] |
| Filing 2 NOTICE of filing letter to the court by Kenneth Harris (AKD) [Transferred from alnd on 10/2/2020.] |
| Filing 1 INMATE 1983 COMPLAINT against Alabama Department of Corrections, filed by Kenneth Harris.(AKD) [Transferred from alnd on 10/2/2020.] . |
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