Mitchell v. Bates et al (INMATE 2)
| Larry H. Mitchell |
| Dr. Gurlee, Nurse Terry, Dr. Bates, Johnny E. Bates and Jerry N. Gurley |
| 2:2021cv00268 |
| April 5, 2021 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 17
RECOMMENDATION OF THE MAGISTRATE JUDGE that this case be DISMISSED without prejudice for Plaintiff's failures to comply with the orders of the court and prosecute this action. Objections to R&R due by 6/15/2021. Signed by Honorable Judge Charles S. Coody on 6/1/2021. (dmn, )
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| Mail Returned as Undeliverable; #16 Order sent to Larry H. Mitchell was returned with the following notation, "Return To Sender, Not Deliverable As Addressed, Unable To Forward." (No PDF attached to this entry) (bes, ) |
| Mail Returned as Undeliverable; #14 Order sent to Larry H. Mitchell was returned with the following notations: "Return to Sender, Not Deliverable as Addressed, Unable to Forward" & "Released". (No PDF attached to this entry) (amf, ) |
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Filing 16
ORDER: it is ORDERED that on or before 5/24/2021, Plaintiff shall show cause why this case should not be dismissed for his failure to comply with the orders of this Court and his failure to adequately prosecute this action; further ORDERED that the directive requiring Defendants to file an Answer and Written Report to the Complaint is continued generally pending Plaintiff's compliance with this Order; DIRECTING the CLERK to furnish a copy of this Order to Plaintiff at his last known mailing address and to counsel of record. Signed by Honorable Judge Charles S. Coody on 5/13/2021. (Copies furnished as directed) (amf, )
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| Filing 15 NOTICE of Plaintiff's Non-Compliance with Order re #4 Order by Johnny E. Bates, Jerry N. Gurley, Nurse Terry (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Estes, Christie) Modified on 5/13/2021 to add the link to the #4 Order (amf, ). |
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Filing 14
ORDER ON MOTION: ORDER granting #9 Motion for Extension of Time; the deadline for Defendants to file their Answer and Written Report is extended to 6/30/2021. Signed by Honorable Judge Charles S. Coody on 5/6/2021. (amf, )
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| Filing 13 Corporate/Conflict Disclosure Statement by Nurse Terry re #10 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Estes, Christie) Modified on 5/5/2021 to add the link the #10 Notice (amf, ). |
| Filing 12 Corporate/Conflict Disclosure Statement by Jerry N. Gurley re #10 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Estes, Christie) Modified on 5/5/2021 to add the link to the #10 Notice (amf, ). |
| Filing 11 Corporate/Conflict Disclosure Statement by Johnny E. Bates re #10 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Estes, Christie) Modified on 5/5/2021 to add the link to the #10 Notice (amf, ). |
| Filing 10 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Defendants Johnny E. Bates, Jerry N. Gurley, & Nurse Terry; Corporate Disclosures due by 5/17/2021. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(amf, ) |
| Filing 9 MOTION for Extension of Time to File Special Report & Answer by Johnny E. Bates, Jerry N. Gurley, Nurse Terry. (Estes, Christie) |
| AO FORM 85 mailed to counsel for Defendants Johnny E. Bates, Jerry N. Gurley, & Nurse Terry. (No PDF attached to this entry) (amf, ) |
| Filing 8 Return Receipt Card showing service of #1 Inmate 1983 Complaint & #4 Order, signed by Illegible for Nurse Terry, served on 4/9/2021, answer due 5/19/2021. (amf, ) |
| Filing 7 Return Receipt Card showing service of #1 Inmate 1983 Complaint & #4 Order, signed by Illegible for Jerry N. Gurley, served on 4/9/2021, answer due 5/19/2021. (amf, ) |
| Filing 6 Return Receipt Card showing service of #1 Inmate 1983 Complaint & #4 Order, signed by Illegible for Johnny E. Bates, served on 4/9/2021, answer due 5/19/2021; Service package itself was previously returned to the Court on 4/15/2021 as undeliverable. (amf, ) |
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Filing 5
ORDER: it is ORDERED that: 1) On or before 5/3/2021, Plaintiff shall submit to the Clerk's office a correct service address for Defendant Bates, as further set out in order; 2) Plaintiff is cautioned that if he fails to comply with this order, Defendant Bates will not be served, he will not be a party to this cause of action, and this case will proceed only against those defendants on whom service is perfected. Signed by Honorable Judge Charles S. Coody on 4/19/2021. (amf, )
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| Mail Returned as Undeliverable; Service package containing #1 Inmate 1983 Complaint & #4 Order sent to Dr. Johnny E. Bates at Elmore County Jail was returned with the following notations: "Return to Sender, Not Deliverable as Addressed, Unable to Forward" & "Return to Sender, Does Not Work At This Facility". (No PDF attached to this entry) (amf, ) |
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Filing 4
ORDER TO FILE SPECIAL REPORT AND ANSWER on or before 5/19/2021; copies mailed to plaintiff; mailed by CMRRR with #1 complaint to the individuals named as Defendants; mailed by regular mail to General Counsel for QCHC, Inc.. Signed by Honorable Judge Charles S. Coody on 4/7/2021. (amf, )
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Filing 3
ORDER ON MOTION: 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 Elmore County Jail. Signed by Honorable Judge Charles S. Coody on 4/7/2021. (Furnished: Cashier) (amf, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Larry H. Mitchell. (Attachments: #1 Affidavit)(es, ) |
| Filing 1 Inmate 1983 COMPLAINT against Johnny E. Bates, Jerry N. Gurley, Nurse Terry, filed by Larry H. Mitchell. (Attachments: #1 Letter to Attorney, #2 Elmore County Jail Grievance Form)(es, ) (Attachment 1 replaced on 4/7/2021 to rotate a page that was flipped sideways) (amf, ). Modified on 4/7/2021 (amf, ). |
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