Jones v. Calloway (INMATE 3)
| Frederick Dwight Jones |
| Kim Willingham, Alabama Board of Pardons and Paroles, Terry Anthony, Patricia Uselton, Rolanda Calloway and Alabama Bureau of Pardons and Paroles |
| 2:2023cv00165 |
| March 28, 2023 |
| U.S. District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| Emily C Marks |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 69 Case transferred in from District of Alabama Northern; Case Number 5:20-cv-02022. Original file certified copy of transfer order and docket sheet received. |
Filing 68
ORDER OF TRANSFER - Accordingly, having considered the entire file de novo, including the report and recommendation, the court finds the magistrate judge's report is due to be ADOPTED and the recommendation is ACCEPTED. The court ORDERS that the sole remaining claim in this action be and hereby is TRANSFERRED to the United States District Court for the Middle District of Alabama. Signed by Judge L Scott Coogler on 3/28/2023. (MEB2) [Transferred from alnd on 3/29/2023.]
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| Filing 67 REPORT AND RECOMMENDATION - For the reasons stated within, the undersigned RECOMMENDS that the court TRANSFER this case to the U.S. District Court for the Middle District of Alabama pursuant to 28 U.S.C. 1404(a) ad 28 U.S.C. 1406(a). Any party may file specific written objections within 14 days. Objections to R&R due by 3/15/2023. Signed by Magistrate Judge Nicholas A Danella on 3/1/2023. (MEB2) [Transferred from alnd on 3/29/2023.] |
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Filing 66
MEMORANDUM OPINION AND ORDER - Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge's report and ACCEPTS the recommendation. Accordingly, the court GRANTS Plaintiff Jones' motion for voluntary dismissal (Doc. #55 at 2) and DISMISSES the claims against Kim Willingham and Patricia Uselton WITHOUT PREJUDICE. The court GRANTS defendants Alabama Board/Bureau of Pardons and Paroles and Terry Anthony's motion to dismiss (Doc. #46 ) and DISMISSES those claims WITH PREJUDICE. The court REFERS Plaintiff Jones' remaining claim against defendant Calloway to the magistrate judge for further proceedings (Doc. #65 ). Signed by Judge L Scott Coogler on 2/24/2023. (MEB2) [Transferred from alnd on 3/29/2023.]
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| Filing 65 REPORT AND RECOMMENDATION - For the reasons stated within, the undersigned RECOMMENDS that the court construe Jones' request to dismiss his claims against Defendants Willingham and Uselton (Doc. #55 at 2) as a motion for voluntary dismissal without prejudice, and that the court GRANT the motion and DISMISS WITHOUT PREJUDICE Jones' claims against Defendants Willingham and Uselton. In addition, the undersigned RECOMMENDS that the court DISMISS WITH PREJUDICE Jones' claims against Defendant Alabama Board (and/or "Bureau") of Pardons and Paroles, and Defendant Anthony. The undersigned FURTHER RECOMMENDS that the court REFER back to the undersigned for further proceedings Jones' due process claim against Defendant Warden Calloway. Any party may file specific written objections within 14 days. Objections to R&R due by 2/7/2023. Signed by Magistrate Judge Nicholas A Danella on 1/24/2023. (MEB2) [Transferred from alnd on 3/29/2023.] |
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Filing 64
ORDER - For the reasons stated within, the Parole Board Defendants' motion to strike (Doc. #51 ) and Jones' pending motions (Doc. #56 ; Doc. #59 ; Doc. 61 ; Doc. #62 ) are DENIED. Signed by Magistrate Judge Nicholas A Danella on 1/24/2023. (MEB2) [Transferred from alnd on 3/29/2023.]
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| Filing 63 NOTICE- Request for permission to start discovery by Frederick D Jones (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 62 MOTION to Appoint Counsel by Frederick D Jones. (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 61 MOTION For Judgment On Pleadings/ Alternate For Plaintiff To Submit The Following Discovery To Defendants re: Doc. #56 page 7 by Frederick D Jones. (DNW) [Transferred from alnd on 3/29/2023.] |
| Filing 60 Objection to Defendant's Motion To Strike Affidavit and Exhibits re: Doc. #56 page 4 filed by Frederick D Jones. (DNW) [Transferred from alnd on 3/29/2023.] |
| Filing 59 Supplement to MOTION for Judgment on the Pleadings by Frederick D Jones. (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 58 ADDENDUM to Motion for Judgment on Pleading by Frederick D Jones. (KEK) [Transferred from alnd on 3/29/2023.] |
| Filing 57 REPLY Brief filed by Defendants Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Patricia Uselton, Kim Willingham re: #52 Reply Brief, Amended filed by Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Patricia Uselton, Kim Willingham. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
| Filing 56 MOTION to supplement plaintiff's Special Report and Response to Defendant's Motion to Dismiss by Frederick D Jones. (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 55 NOTICE by Frederick D Jones (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 54 NOTICE by Frederick D Jones (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 52 REPLY Brief filed by Defendants Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Patricia Uselton, Kim Willingham re: #46 MOTION to Dismiss Final Amended Complaint filed by Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Patricia Uselton, Kim Willingham. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
| Filing 51 MOTION to Strike #49 Response (other) Exhibits and Affidavit by Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Patricia Uselton, Kim Willingham. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
| Filing 53 Brief re #46 MOTION to Dismiss Final Amended Complaint filed by Frederick D Jones. (KAM) [Transferred from alnd on 3/29/2023.] |
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Filing 50
ORDER granting in part and denying in part #48 Motion for Extension of Time. Calloway's motion to adopt and incorporate by reference the motion to dismiss ( #48 at 1) is DENIED. To the extent that Calloway were to request dismissal of the complaint, Calloway first must seek leave to file a motion to dismiss in lieu of a special report. Calloway's alternative motion for an extension of time to respond to the order for special report ( #48 at 2) is GRANTED. For good cause shown, the deadline for Calloway to file a special report is continued generally, and will be reset after the court has ruled on the pending motion to dismiss #46 . Signed by Magistrate Judge Nicholas A Danella on 5/12/2022. (PSM) [Transferred from alnd on 3/29/2023.]
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| Filing 49 Plaintiff's Special Report/Request permission for discovery filed by Frederick D Jones. (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 48 MOTION for Extension of Time Motion to Adopt and Incorporate by Reference the Motion to Dismiss filed by Alabama Board of Pardons & Paroles, or in the Alternative, Motion for Extension of Time by Rolanda Calloway. (Albritton, Benjamin) [Transferred from alnd on 3/29/2023.] |
| Filing 47 Brief re #46 MOTION to Dismiss Final Amended Complaint filed by Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Patricia Uselton, Kim Willingham. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
| Filing 46 MOTION to Dismiss Final Amended Complaint by Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Patricia Uselton, Kim Willingham. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
| Filing 45 WAIVER OF SERVICE Returned Executed by Terry Anthony. Terry Anthony waiver sent on 3/10/2022, answer due 5/9/2022. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
| Filing 44 WAIVER OF SERVICE Returned Executed by Patricia Uselton. Patricia Uselton waiver sent on 3/10/2022, answer due 5/9/2022. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
| Filing 43 WAIVER OF SERVICE Returned Executed by Kim Willingham. Kim Willingham waiver sent on 3/10/2022, answer due 5/9/2022. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
| Filing 42 WAIVER OF SERVICE Returned Executed by Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles. Alabama Board of Pardons and Paroles waiver sent on 3/10/2022, answer due 5/9/2022; Alabama Bureau of Pardons and Paroles waiver sent on 3/10/2022, answer due 5/9/2022. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
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Filing 41
ORDER the undersigned construes Defendants' "Objection To Order For Special Report" #39 as a motion for leave to file a motion to dismiss in lieu of a special report, and that motion #39 is GRANTED. Defendants Alabama Board of Pardons and Paroles, Hearing Officer Kim Willingham, Parole Officer Patricia Uselton, and Assistant Field Director Terry Anthony are allowed 30 days from the date of this order to file a motion to dismiss. Plaintiff Jones then will have 30 days to file any response to Defendants' motion. Defendants then will have 14 days to file any reply to Jones's response. Signed by Magistrate Judge Nicholas A Danella on 4/7/2022. (PSM) [Transferred from alnd on 3/29/2023.]
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| Filing 40 RESPONSE to re #39 filed by Frederick D Jones. (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 39 Opposition to re #36 Objection to Special Report Order filed by Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Patricia Uselton, Kim Willingham. (Willford, Gary) [Transferred from alnd on 3/29/2023.] |
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Filing 38
ORDER On March 22, 2022, in Jones v. King, Case No. 5:21-cv-00112-MHH-NAD, Jones filed a notice of change of address, stating that he has been transferred to Staton Correctional Facility, in Elmore, Alabama. Based on that notice, the Clerk is DIRECTED to update the docket sheet in this case to reflect Jones's current mailing address. The Clerk is further DIRECTED to send to Jones, at his updated address (1) a copy of this order; (2) a copy of the order for special report #36 ; and (3) a copy of the March 14, 2022 order #37 . Signed by Magistrate Judge Nicholas A Danella on 3/24/2022. (PSM) [Transferred from alnd on 3/29/2023.]
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Filing 37
ORDER - Jones's Writ of Mandamus #31 #33 , properly construed as motions for an expedited ruling, are DENIED as moot. Signed by Magistrate Judge Nicholas A Danella on 3/14/2022. (KAM) [Transferred from alnd on 3/29/2023.]
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Filing 36
ORDER TO FILE SPECIAL REPORT within 60 days from the date of this order; copies mailed to plaintiff; mailed with complaint to named defendants. Signed by Magistrate Judge Nicholas A Danella on 3/10/2022. (KEK) [Transferred from alnd on 3/29/2023.]
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| Filing 35 NOTICE of Change of Address by Frederick D Jones. (KEK) [Transferred from alnd on 3/29/2023.] |
| Filing 34 NOTICE of filing supporting documents of conspiracy/ violation o Constitutional Rights/ Corruption within system by Frederick D Jones re #33 Notice (Other) (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 33 NOTICE - Writ of Mandamus by Frederick D Jones (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 32 Addendum by Frederick D Jones (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 31 NOTICE- writ of mandamus by Frederick D Jones (KAM) [Transferred from alnd on 3/29/2023.] |
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Filing 30
ORDER As further stated within Plaintiff Jones's motion for judgment on the pleadings (Doc. #27 ), and his other requests (Docs. #28 and #29 ), are DENIED. Signed by Magistrate Judge Nicholas A Danella on 12/15/2021. (PSM) [Transferred from alnd on 3/29/2023.]
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| Filing 29 NOTICE pursuant to 28 USC 1915A Jurisdiction to hear case pertaining to one claim only by Frederick D Jones (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 28 NOTICE - Request for informal Special Report by Frederick D Jones (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 27 MOTION for Judgment on the Pleadings by Frederick D Jones. (KAM) [Transferred from alnd on 3/29/2023.] |
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Filing 26
ORDER Based on the above explanation, Plaintiff Jones's requests for interrogatories and production of documents are DENIED as PREMATURE. Signed by Magistrate Judge Nicholas A Danella on 9/16/2021. (PSM) [Transferred from alnd on 3/29/2023.]
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Filing 25
ORDER denying #22 Motion to Appoint Counsel. Signed by Magistrate Judge Nicholas A Danella on 9/16/2021. (PSM) [Transferred from alnd on 3/29/2023.]
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Filing 24
ORDER On August 9, 2021, Plaintiff Jones filed a "Motion for Transfer of Venue/Magistrate Judge." #20 On August 31, 2021, this action was reassigned from Magistrate Judge Cornelius to the undersigned. Accordingly, the court DENIES the plaintiffs motion as MOOT. Signed by Magistrate Judge Nicholas A Danella on 9/16/2021. (PSM) [Transferred from alnd on 3/29/2023.]
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| Case reassigned to Magistrate Judge Nicholas A Danella. Magistrate Judge Staci G Cornelius no longer assigned to the case. (KAM) [Transferred from alnd on 3/29/2023.] |
| Filing 23 REQUEST for Production of Documents by Frederick D Jones.(KEK) [Transferred from alnd on 3/29/2023.] |
| Filing 22 MOTION to Appoint Counsel by Frederick D Jones. (KEK) [Transferred from alnd on 3/29/2023.] |
| Filing 21 NOTICE of Filing: Request for Interrogatories by Frederick D Jones (MEB2) [Transferred from alnd on 3/29/2023.] |
| Filing 20 MOTION for transfer of venue/ magistrate judge by Frederick D Jones. (MEB2) [Transferred from alnd on 3/29/2023.] |
| Filing 19 NOTICE of Filing: Request for rules of court by Frederick D Jones (MEB2) [Transferred from alnd on 3/29/2023.] |
| Filing 18 NOTICE of Filing: Premature Response to defendants Answer to Complaint by Frederick D Jones (MEB2) [Transferred from alnd on 3/29/2023.] |
| Filing 17 NOTICE of Filing: Memorandum of Law/Supporting Final Amended Complaint by Frederick D Jones (MEB2) [Transferred from alnd on 3/29/2023.] |
| Amended Inmate 1983 COMPLAINT against Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Rolanda Calloway, Patricia Uselton, Kim Willingham, filed by Frederick Dwight Jones. (NO PDF - See doc #16 )(am, ) |
| Filing 16 (STRICKEN - WRONG EVENT CODE USED) FINAL AMENDED COMPLAINT against Alabama Board of Pardons and Paroles, Alabama Bureau of Pardons and Paroles, Terry Anthony, Rolanda Calloway, Patricia Uselton, Kim Willingham, filed by Frederick D Jones. (MEB2) [Transferred from alnd on 3/29/2023.] Modified on 3/29/2023 (am, ). |
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Filing 15
ORDER On March 9 and April 21, 2021, the plaintiff filed motions to add additional defendants, which are construed as motions for leave to file an amended complaint. (Docs. 7, 12). Thus construed, the motions are GRANTED; To avoid a piecemeal review of the plaintiffs claims, the plaintiff must submit what the court will deem to be a final amended complaint. Therefore, the plaintiff SHALL, within 21 days. Signed by Magistrate Judge Staci G Cornelius on 6/14/2021. (KAM) [Transferred from alnd on 3/29/2023.]
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Filing 14
ORDER the warden or chief jailer of the prison or jail where the plaintiff is housed is DIRECTED to stop withholding money from the plaintiffs inmate account for payment of the filing fee in this case. Signed by Magistrate Judge Staci G Cornelius on 6/14/2021. (KAM) [Transferred from alnd on 3/29/2023.]
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| Filing 13 NOTICE of Filing by Frederick D Jones (MEB2) [Transferred from alnd on 3/29/2023.] |
| Filing 12 MOTION to add Respondents by Frederick D Jones. (MEB2) [Transferred from alnd on 3/29/2023.] |
| Filing 11 NOTICE of filing: request for status update by Frederick D Jones. (KEK) [Transferred from alnd on 3/29/2023.] |
| Filing 10 NOTICE of filing: Addendum by Frederick D Jones. (KEK) [Transferred from alnd on 3/29/2023.] |
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Filing 9
ORDER that the court having received prisoner consent form the Warden is directed to deduct Monthly Payments from Prison Account of Frederick D Jones. Signed by Magistrate Judge Staci G Cornelius on 3/22/2021. (MEB2) [Transferred from alnd on 3/29/2023.]
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| Filing 8 DEMAND for Jury Trial filed by Frederick D Jones (Attachments: #1 Envelope)(MRR, ) [Transferred from alnd on 3/29/2023.] |
| Filing 7 MOTION to add an additional defendant by Frederick D Jones. (MEB2) [Transferred from alnd on 3/29/2023.] |
| Filing 6 PRISONER CONSENT FORM by Frederick D Jones (MEB2) [Transferred from alnd on 3/29/2023.] |
| Filing fee: $ 15.00, receipt number B4601111741 (PSM) [Transferred from alnd on 3/29/2023.] |
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Filing 5
ORDER terming motion for leave to proceed in forma pauperis, plaintiff is required to pay a partial filing fee, plaintiff is required to return signed attached consent form within 30 days. Signed by Magistrate Judge Staci G Cornelius on 2/17/2021. (PSM) [Transferred from alnd on 3/29/2023.]
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| Filing 4 RESPONSE to #3 NOTICE OF DEFICIENT PLEADING filed by Frederick D Jones. (Attachments: #1 Envelope)(MRR, ) [Transferred from alnd on 3/29/2023.] |
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Filing 3
NOTICE OF DEFICIENT PLEADING - The plaintiffs application to proceed in forma pauperis (Doc. #2 ) is deficient for the reasons indicated below. The plaintiff must correct the deficient pleading within thirty (30) days from the entry date of this order, in the manner explained below. The plaintiff must file an additional certified copy of his prison account statements obtained from the appropriate official at the Alabama Department of Corrections. Signed by Magistrate Judge Staci G Cornelius on 1/6/2021. (MEB2) [Transferred from alnd on 3/29/2023.]
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| Inmate 1983 COMPLAINT against Alabama Board of Pardons and Paroles, Terry Anthony, Kim Willingham, filed by Frederick Dwight Jones. (NO PDF - See doc #1 )(am, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Frederick D Jones. (MEB2) [Transferred from alnd on 3/29/2023.] |
| Filing 1 (STRICKEN - WRONG EVENT USED) COMPLAINT against Alabama Board of Pardons and Paroles, Terry Anthony, Kim Willingham, filed by Frederick D Jones. (MEB2) [Transferred from alnd on 3/29/2023.] Modified on 3/29/2023 (am, ). |
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