Edwards v. Sewell (INMATE 1)
| DeAngelo Edwards, DeAngelo Donterious Edwards and DeAngelo Edwards-Bey |
| J. Sewell |
| 2:2021cv00079 |
| January 27, 2021 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Stephen Michael Doyle |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 13
ORDER: On 2/22/2021, the Magistrate Judge entered a Recommendation that the motion for preliminary injunction filed by Plaintiff be denied (Doc. #9 ) to which Plaintiff filed an objection (Doc. #10 ). After an independent review of the file, the objection and the Recommendation, it is ORDERED that: 1. Plaintiff's objection is Overruled. 2. The Recommendation of the Magistrate Judge (Doc. #9 is ADOPTED. 3. The motion for preliminary injunction filed by Plaintiff (Doc. #1 ) at 18) is DENIED. 4. This case is referred back to the Magistrate Judge assigned hereto for further appropriate proceedings. Signed by Honorable Judge W. Harold Albritton, III on 3/5/2021. (dmn, )
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| Filing 12 Response to #5 Order, by DeAngelo Donterious Edwards. (dmn, ) (entitled "Common Law Rebuttal of Immunity Defense with Declaration of Exhaustion Requirement") |
| Filing 11 Response to #5 Order, by DeAngelo Donterious Edwards. (dmn, ) (entitled "Federal Rule of Civil Procedure Rule 5(d)(4) a Recognition of the Rule Authority in Contrast with Document 5 Page 6 Paragraph 2 Directive Given Toward Clerk by Order of Judge Magistrate") |
| Filing 10 OBJECTION to #9 Report and Recommendations by DeAngelo Donterious Edwards. (dmn, ) |
| Filing 9 RECOMMENDATION OF THE MAGISTRATE JUDGE that Edward's Motion for Preliminary Injunction (Doc. #1 ) be DENIED. Objections to R&R due by 3/8/2021. Signed by Honorable Judge Stephen Michael Doyle on 2/22/2021. (dmn, ) |
| Filing 8 Return Receipt Card showing service of #1 Inmate 1983 Complaint and #5 Order signed by PS CO-19 Rt 802 for Lt. J. Sewell served on 2/20/2021 (no date of delivery noted; used USPS date), answer due 3/30/2021. (dmn, ) |
| Filing 7 Response to #2 Order (Writ of error) by DeAngelo Donterious Edwards. (djy, ) |
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Filing 6
ORDER ON MOTIONS: Upon review of the documents attached to the complaint, the undersigned notes that the plaintiff seeks issuance of a subpoena duces tecum for the production of documents (Doc. #1 -8), and response to interrogatories (Doc. #1 -9). The court construes these documents to contain motions for leave to conduct discovery. Upon consideration of the motions for leave to conduct discovery, and as the defendant has been ordered to provide an affidavit or sworn declaration addressing the claims lodged against him and to produce all records relevant to the complaint when filing his written report, it is ordered that the motions for leave to conduct discovery are DENIED at this time. If upon receipt of the defendant's written report the court deems additional information or documents necessary to the disposition of this case, it may reconsider the plaintiff's requests for discovery. Signed by Honorable Judge Stephen Michael Doyle on 2/18/2021. (dmn, )
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Filing 5
ORDER TO FILE SPECIAL REPORT on or before 3/30/2021 as further set out in the order; copy mailed to plaintiff; copy of complaint and supporting exhibits to General Counsel for the ADOC; mailed by CMRRR with complaint and attached exhibits to named defendant. Signed by Honorable Judge Stephen Michael Doyle on 2/18/2021. (dmn, )
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Filing 4
ORDER ON MOTION directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting #3 Motion 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 Staton Correctional Facility. Signed by Honorable Judge Stephen Michael Doyle on 2/17/2021. Furnished Cashier. (dmn, ) Modified on 2/17/2021 to include furnished Cashier text. (dmn, )
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| Filing 3 Application to Proceed Without Prepayment of Fees and Affidavit by DeAngelo Donterious Edwards. (with Inmate Request Slip and Prisoner Trust Fund Account Statement) (dmn, ) |
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Filing 2
ORDER: It is ORDERED that on or before 2/18/2021 Plaintiff shall file a prison account statement from the account clerk at Staton as further set out in the order or, if he does not seek in forma pauperis treatment, the $52 administrative fee and $350 filing fee. To aid 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. Plaintiff should complete this document and return it to the court with his inmate account statement. It is further ORDERED that Plaintiff shall immediately inform the court and Defendants of any change in his address as the failure to provide a correct address to this court within the ten (10) days following any change of address will result in dismissal of this action. Signed by Honorable Judge Stephen Michael Doyle on 1/29/2021. Copy mailed with IFP form to Plaintiff as directed. (dmn, )
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| MOTION for Leave to Conduct Discovery by DeAngelo Donterious Edwards. (dmn, ) (no pdf, see Doc. #1 -9 for pdf) |
| MOTION for Leave to Conduct Discovery by DeAngelo Donterious Edwards. (dmn, ) (no pdf, see Doc. #1 -8 for pdf) |
| Filing 1 Inmate 1983 COMPLAINT against J. Sewell, filed by DeAngelo Donterious Edwards. (Attachments: #1 Certificate of Service, #2 Affidavit of Fact Financial Statement, #3 Letter, #4 Affidavit of Truth Facts Supporting Complaint, #5 Affidavit of Truth Facts Supporting Complaint- Part II, #6 Lawful Affidavit of Judicial Notice, #7 Averment of Jurisdiction, #8 Civil Subpoena Duce Tecum, #9 Interrogatories, #10 Habeas Corpus Ad Subjiciendum, #11 Bill of Charges, #12 No Nickname Guidelines, #13 Victim Support Line, #14 Letter from Equal Justice Initiative, #15 Inmate Request Slip, #16 In Re: Extra Level of Protection, #17 In Re: Parental Rights, #18 Inmate Request Slip 2, #19 Notes, #20 Affidavit Supporting Allegations, Alleging Material Facts, #21 ADOC Disciplinary Report, #22 Inmate Request Slip 3, #23 ADOC Disciplinary Report 2, #24 Letter 2, #25 Form 1040 U.S. Income Tax Return)(NO IFP; NO FILING FEE)(hrs, ). |
| MOTION for Preliminary Injunction by DeAngelo Donterious Edwards.(No PDF document attached - see docket entry #1 ). (hrs, ) |
| DEMAND for Trial by Jury by DeAngelo Donterious Edwards.(No PDF document attached - see docket entry #1 ).(hrs, ) |
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