Miller v. Calloway et al (INMATE 2)
| Ronnie Edward Miller, Jr. |
| Rolanda Calloway, Officer Landrum, Capt. Hudson and Brandon Williams |
| 2:2021cv00052 |
| January 21, 2021 |
| US District Court for the Middle District of Alabama |
| Emily C Marks |
| Kelly F Pate |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ORDER: GRANTING Defendants' #28 Motion for Substitution of Counsel. Signed by Honorable Judge Kelly F. Pate on 1/11/2023. (am, )
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*** Pursuant to the #29 Order - Attorney Sara Margaret Rossmanith terminated. (NO PDF attached to this entry) (am, )
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Filing 28
MOTION to Substitute Attorney by Rolanda Calloway, Capt. Hudson, Officer Landrum, Brandon Williams. (Hetzel, Tara)
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Filing 27
ORDER construing the #26 Response to contain a Motion for Production of Documents; ORDER denying #26 Motion for production of Documents. Signed by Honorable Judge Kelly F. Pate on 10/5/2021. (bes, )
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MOTION for Production of Documents by Ronnie Edward Miller, Jr., as construed by the Court's #27 Order. (No PDF attached to this entry - see doc #26 for PDF) (bes, )
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Filing 26
RESPONSE re #11 Special Report by Ronnie Edward Miller, Jr. (bes, )
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Filing 25
ORDER: it is ORDERED that the #19 Recommendation of the Magistrate Judge is WITHDRAWN; Further, upon consideration of Plf's #23 Motion to Reconsider, construed to contain a Motion for Extension of Time to Respond to Dfts' Special Report, it is ORDERED that the motion is GRANTED; Plf's deadline to file a response is extended to 10/4/2021. Signed by Honorable Judge Kelly F. Pate on 9/13/2021. (bes, )
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Filing 24
OPINION AND ORDER: it is ORDERED as follows that: 1. the Plf's #23 motion for reconsideration which the Court construes as a motion to vacate the judgment is GRANTED; 2. the Opinion and Order and Final Judgment entered on 8/25/2021 are VACATED; 3. The Clerk is DIRECTED to reopen this case; and 4. this matter is REFERRED back to the US Magistrate Judge for further proceedings consistent with this Order. Signed by Chief Judge Emily C. Marks on 9/13/2021. (bes, )
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***PURSUANT TO THE #24 ORDER - Case reopened. (No PDF attached to this entry) (bes, )
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Filing 23
MOTION for Reconsideration of #19 Recommendation by Ronnie Edward Miller, Jr., construed as a MOTION to Vacate the #22 Judgement by the Court's #24 ORder (bes, ) Modified on 9/13/2021 (bes, ). Added MOTION for Extension of Time to File Response on 9/13/2021 as construed by the Court's #25 Order (bes, ).
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Filing 22
(VACATED PURSUANT TO THE COURT'S #24 ORDER) FINAL JUDGMENT: In accordance with the order entered on this date adopting the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the Court that this case is DISMISSED without prejudice; DIRECTING the Clerk to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 FRCP. Signed by Chief Judge Emily C. Marks on 8/25/2021. (Attachments: #1 Civil Appeals Checklist)(es, ) Modified on 9/13/2021 (bes, ).
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Filing 21
(VACATED PURSUANT TO THE COURT'S #24 ORDER) OPINION AND ORDER: it is ORDERED that the #19 Recommendation of the Magistrate Judge is ADOPTED, and this case is DISMISSED without prejudice for the Plf's failures to comply with the orders of this Court and to prosecute this action. Signed by Chief Judge Emily C. Marks on 8/25/2021. (es, ) Modified on 9/13/2021 (bes, ).
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No objections filed to the #19 Recommendation. (No PDF attached to this entry) (amf, )
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Filing 20
NOTICE of Change of Address by Ronnie Edward Miller, Jr.. (amf, )
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Filing 19
RECOMMENDATION OF THE MAGISTRATE JUDGE: the Magistrate Judge RECOMMENDS this case be DISMISSED without prejudice; Objections to R&R due by 8/2/2021. Signed by Honorable Judge Kelly F. Pate on 7/19/2021. (amf, )
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Filing 18
ORDER: it is ORDERED that the #17 Motion for Leave to Withdraw is GRANTED. Signed by Honorable Judge Kelly F. Pate on 6/17/2021. (cwl, )
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Filing 17
MOTION for Kayla M. Wunderlich to Withdraw as Attorney by Rolanda Calloway, Capt. Hudson, Officer Landrum, Brandon Williams. (Wunderlich, Kayla) Modified on 6/17/2021 to clarify text (cwl, ).
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Filing 16
NOTICE of Appearance by Sara Margaret Rossmanith on behalf of Rolanda Calloway, Capt. Hudson, Officer Landrum, Brandon Williams (Rossmanith, Sara)
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***PURSUANT TO THE #18 ORDER - Attorney Kayla Michelle Wunderlich terminated. (NO pdf attached to this entry) (cwl, )
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Filing 15
ORDER: it is ORDERED that by 5/4/2021, Plaintiff must file a response that addresses each argument and defense raised by Defendants, as further set out in order. Signed by Honorable Judge Kelly F. Pate on 4/13/2021. (amf, )
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Filing 14
NOTICE of Error re #13 Notice of Deficiency, which has been stricken from the record; Counsel already filed their conflict disclosure statement at docket entry #12 .(amf, )
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Filing 13
(STRICKEN; ENTERED IN ERROR) Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Defendants Rolanda Calloway, Capt. Hudson, Brandon Williams, & Officer Landrum; Corporate Disclosures due by 4/12/2021. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(amf, ) Modified on 4/1/2021 (amf, ).
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Filing 12
Corporate/Conflict Disclosure Statement by Rolanda Calloway, Capt. Hudson, Officer Landrum, Brandon Williams. (Wunderlich, Kayla)
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Filing 11
Answer and Special Report to Inmate 1983 Complaint by Rolanda Calloway, Capt. Hudson, Officer Landrum, Brandon Williams. (Attachments: #1 Exhibit 1 Incident Report January 1, 2021, #2 Exhibit 2 Incident Report January 4, 2021, #3 Exhibit 3 Use of Force Report 1.4.2021, #4 Exhibit 4 Use of Force Inmate Written Statement, #5 Exhibit 5 Relevant Medical Records, #6 Exhibit 6 Body Chart, #7 Exhibit 7 Affidavit of Officer Miyon Landrum, #8 Exhibit 8 Affidavit of Captain John C. Hudson, #9 Exhibit 9 Affidavit of Sergeant Brandon Williams, #10 Exhibit 10 Affidavit of Warden Rolanda Calloway, #11 Exhibit 11 Affidavit of Officer Maurice Spencer, #12 Exhibit 12 Disciplinary Report, #13 Exhibit 13 Photographs January 4, 2021, #14 Exhibit 14 Duty Post January 4, 2021 AM, #15 Exhibit 15 Duty Officer Report)(Wunderlich, Kayla)
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Filing 10
Response to Order re #9 Order by General Counsel for the Alabama Department of Corrections. (McCollum, Carrie)
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AO FORM 85 mailed to counsel for Defendants Rolanda Calloway, Capt. Hudson, Officer Landrum, & Brandon Williams. (No PDF attached to this entry) (amf, )
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ANSWER to Inmate 1983 Complaint by Rolanda Calloway, Capt. Hudson, Officer Landrum, Brandon Williams. (No PDF attached to this entry - See doc #11 for PDF)(amf, )
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Filing 9
ORDER: General Counsel for the ALDOC is ORDERED to (1) contact appropriate officials at Kilby by 3/29/2021, to determine if any video recording of the alleged incident is available and, if so, ensure preservation of the recording for submission to this Court; and (2) file a notice with this Court by 4/5/2021, advising of the results of the inquiry addressed in this Order; DIRECTING the Clerk to furnish General Counsel for the ALDOC with a copy of this Order. Signed by Honorable Judge Kelly F. Pate on 3/17/2021. (amf, )
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Filing 8
Return Receipt Card showing service of #1 Inmate 1983 Complaint & #6 Order, signed by Jimmy Graham for Officer Landrum, served on 2/22/2021, answer due 4/1/2021. (amf, )
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Filing 7
Return Receipt Cards showing service of #1 Inmate 1983 Complaint & #6 Order signed by Jimmy Graham for Rolanda Calloway, Capt. Hudson, & Brandon Williams, served on 2/22/2021, answers due 4/1/2021. (amf, )
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Filing 6
ORDER TO FILE SPECIAL REPORT AND ANSWER on or before 4/1/2021; copies mailed to plaintiff; mailed by CMRRR with #1 complaint to named defendants; mailed by regular mail to ALDOC General Counsel. Signed by Honorable Judge Kelly F. Pate on 2/18/2021. (amf, )
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Filing 5
ORDER granting #2 Affidavit for Leave to Proceed in Forma Pauperis except to the extent payment is required under this order; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk at Kilby CF. Signed by Honorable Judge Kelly F. Pate on 2/17/2021. (Furnished: Cashier) (amf, )
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Filing 4
Response (Reply) to #3 Order, by Ronnie Edward Miller, Jr. (am, )
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Prisoner Trust Fund Account Statement by Ronnie Edward Miller, Jr. (NO PDF - See doc #4 . (am, )
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Filing 3
ORDER: DIRECTING that by 2/11/2021, Plaintiff must file a prison account statement from the inmate account clerk, as further set out in Order; DIRECTING the Clerk to provide a copy of this Order to the inmate account clerk at the facility where Plaintiff is detained. Signed by Honorable Judge Kelly F. Pate on 1/28/2021. (am, ) Modified on 1/28/2021 to clarify text as reflected in Order & to reflect mailed to Account clerk @ KCF) (am, ).
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Filing 2
Application to Proceed Without Prepayment of Fees and Affidavit by Ronnie Edward Miller, Jr. (imm, )
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Filing 1
Inmate 1983 COMPLAINT against Rolanda Calloway, Capt. Hudson, Officer Landrum, Brandon Williams, filed by Ronnie Edward Miller, Jr.(imm, )
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DEMAND for Trial by Jury by Ronnie Edward Miller, Jr. (No pdf document attached to this entry - see docket entry #1 for pdf). (imm, )
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