Defoe v. Wise (INMATE 1)
| Derrick Lynn Defoe |
| B. Chadwick Wise |
| 2:2021cv00030 |
| January 15, 2021 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Mandamus & Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 15 USCA Case Number 21-10665-F for #5 Notice of Appeal, and #7 Notice of Appeal filed by Derrick Lynn Defoe. PRISONER (PLRA) APPEAL DOCKETED. Fee Status: PLRA Payment Plan. (dmn, ) |
| Filing 14 Transmission of #7 Notice of Appeal, #4 Order, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, ) |
| Filing 13 Transmission of #5 Pro Se Notice of Appeal, #4 Order, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, ) |
Filing 12
ORDER: Plaintiff filed motions for leave to appeal in forma pauperis in this case. Doc. #5 and Doc. #7 . In light of the order entered herewith denying Plaintiff leave to proceed in forma pauperis, he is required, pursuant to the provisions of 28 U.S.C. 1915, to pay the requisite $505.00 fee for filing a notice of appeal as further set out in the order. To aid those person having custody of Plaintiff in complying with the requirements of this order, the Clerk of this court is DIRECTED to furnish a copy of this order to the inmate account clerk at Plaintiff's facility of incarceration. Signed by Honorable Judge W. Harold Albritton, III on 2/26/2021. Furnished Appeals Clerk, Cashier. Copy mailed to Account Clerk Staton CF. (dmn, )
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Filing 10
ORDER ON MOTION: It is ORDERED that Plaintiff's motion for appointment of counsel (Doc. #6 ) is DENIED as further set out in the order. Signed by Honorable Judge W. Harold Albritton, III on 2/26/2021. Furnished Appeals Clerk. (dmn, ) Modified on 2/26/2021 to include furnished text. (dmn, )
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Filing 9
ORDER ON MOTIONS: Before the court are Plaintiff's motions for leave to appeal in forma pauperis in this case. Doc. #5 and #7 , which the court likewise construes to contain notices of appeal to this court's order transferring this case to the United States District Court for the Northern District of Alabama for review and disposition. See Doc. #5 -1 at 1 and Doc. #7 at 1. Pursuant to 28 U.S.C. 1915(a), the court is of the opinion, for the reasons stated in teh Recommendation of the Magistrate Judge (Doc. #3 ) and order of the court adopting the Recommendation (Doc. #4 ), that Plaintiff's appeal is without legal or factual basis, and thus, is frivolous for purpose of his in forma pauperis motions. Accordingly, it is ORDERED that Plaintiff's motions for leave to appeal in forma pauperis are DENIED. Signed by Honorable Judge W. Harold Albritton, III on 2/26/2021. Furnished Appeals Clerk. (dmn, )
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| Filing 11 TRANSCRIPT INFORMATION FORM by Derrick Lynn Defoe re #5 Pro Se Notice of Appeal, and [7 Notice of Appeal with the following notation, "No hearing." (Attachments: #1 USCA Cover Letter Received 2/24/2021) (USCA forwarded; USDC received on 2/24/2021)(dmn, ) |
| PRO SE NOTICE OF APPEAL by Derrick Lynn Defoe as to #4 Order entered 2/9/2021. (dmn, ) (no pdf, see Doc. #5 ) |
| PRO SE NOTICE OF APPEAL by Derrick Lynn Defoe as to #4 Order entered 2/9/2021. (dmn, ) (no pdf, see Doc. #7 for pdf) Modified on 2/26/2021 to correct file date to 2/22/2021. (dmn, ) |
| Filing 8 Certificate of Interested Persons and Corporate Disclosure Statement by Derrick Lynn Defoe. (Attachments: #1 USCA Cover Letter Received 2/24/2021)(USCA forwarded; USDC received 2/24/2021)(dmn, ) |
| Filing 7 MOTION ("Application") to Proceed on Appeal in forma pauperis with Information Regarding Prisoner Accounts by Derrick Lynn Defoe. (Attachments: #1 USCA Cover Letter Received 2/24/2021)(dmn, ) (USCA forwarded; USDC received 2/24/2021) |
| Filing 6 MOTION to Appoint Counsel for Appeal with Information Regarding Prisoner Accounts by Derrick Lynn Defoe. (Attachments: #1 USCA Cover Letter Received 2/24/2021)(dmn, ) (USCA forwarded; USDC received 2/24/2021) Modified on 2/25/2021 to include forwarded text. (dmn, ) |
| Filing 5 MOTION ("Permission") for Leave to Appeal in forma pauperis by Derrick Lynn Defoe. (Attachments: #1 USCA Cover Letter Received 2/24/2021)(dmn, ) (USCA forwarded; USDC Received 2/24/2021) Modified on 2/25/2021 to correct event code. (dmn, ) |
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Filing 4
ORDER: it is ORDERED that: 1) The #3 Recommendation of the Magistrate Judge is ADOPTED; 2) This case is transferred to the United States District Court for the Northern District of Alabama pursuant to the provisions of 28 USC 1406(a); DIRECTING the Clerk to undertake those measures necessary to effectuate the transfer of this case; This case is Closed in this court. Signed by Honorable Judge W. Harold Albritton, III on 2/9/2021. (Attachments: #1 Civil Appeals Checklist) (amf, )
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| Case transferred to the Northern District of Alabama; Electronically transferred via CM/ECF transfer to Clerk. (No PDF attached to this entry)(amf, ) |
| Received email from ND/AL regarding receipt of e-transfer case; ND/AL case number assigned as case 5:21-cv-00200.(No pdf attached to this entry) (amf, ) (amf, ) |
| No objections filed to the #3 Recommendation. (No PDF attached to this entry) (amf, ) |
| Filing 3 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that this case be transferred to the United States District Court for the Northern District of Alabama pursuant to the provisions of 28 USC 1406(a); Objections to R&R due by 2/2/2021. Signed by Honorable Judge Charles S. Coody on 1/19/2021. (amf, ) |
| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Derrick Lynn Defoe. (es, ) |
| Filing 1 Inmate 1983 COMPLAINT against B. Chadwick Wise, filed by Derrick Lynn Defoe.(es, ) |
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| Plaintiff: Derrick Lynn Defoe | |
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| Defendant: B. Chadwick Wise | |
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