Horton v. Martin et al (INMATE 1)
| Zyrell Horton |
| Ray D. Martin, Roland L. Sledge, Lanett Police Dept., Larry Clark, E. Paul Jones, Susan K. Harmon and Matt Young |
| 3:2018cv00758 |
| August 27, 2018 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| William Keith Watkins |
| Mandamus & Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 13
ORDER ON MOTION: It is ORDERED that the #12 Motion for Extension of Time filed by the plaintiff be and is hereby GRANTED. It is further ORDERED that the plaintiff be GRANTED an extension from 10/17/2018 to and including 10/31/2018 to file an objection to the Recommendation entered on 10/3/2018 (Doc. #11 ). Objections to R&R due by 10/31/2018. Signed by Honorable Judge Charles S. Coody on 10/22/2018. (dmn, )
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| Filing 12 MOTION for Extension to respond to #11 Recommendation of the Magistrate Judge by Zyrell Horton. (dmn, ) |
| Filing 11 RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The plaintiffs claims challenging actions which resulted in his arrest on 12/25/2005 be dismissed with prejudice as untimely pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) 2. The plaintiffs Miranda and perjury claims be dismissed with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i). 3. The plaintiffs claims against Judge Ray D. Martin, District Attorney E. Paul Jones, Susan K. Harmon and Roland L. Sledge seeking relief for actions which occurred during state criminal proceedings before the Circuit Court of Chambers County, Alabama be dismissed with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) and (iii). 4. The plaintiffs claims against Larry Clark, Matt Young and the Lanett Police Department be dismissed with prejudice under 28 U.S.C. 1915(e)(2)(B)(i). 5. The plaintiffs claims which go to the validity of his attempted murder conviction and resulting sentence imposed upon him by the Circuit Court of Chambers County, Alabama be dismissed without prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not properly before the court in the instant cause of action. 6. The plaintiff's pendent state ethical claims be dismissed without prejudice to any rights the plaintiff may have to seek relief on these claims before the appropriatestate tribunal. 7. This case be summarily dismissed. Objections to R&R due by 10/17/2018. Signed by Honorable Judge Charles S. Coody on 10/3/2018. (dmn, ) |
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Filing 10
ORDER ON MOTION: construing #9 Objection to contain a motion to amend the complaint to assert additional facts and name Officer Matt Young as a dft; ORDER granting #9 MOTION to Amend; further ORDERED that the #4 Recommendation be and is hereby WITHDRAWN. Signed by Honorable Judge Charles S. Coody on 9/26/2018. (wcl, )
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| Filing 9 OBJECTION to #4 Report and Recommendations by Zyrell Horton. (dmn, ) |
| MOTION to Amend the #1 Inmate 1983 Complaint by Zyrell Horton, as construed in the court's #10 Order. (No pdf attached to this entry - See doc #9 for pdf) (wcl, ) |
| AMENDMENT TO COMPLAINT against Matt Young, Larry Clark, Susan K. Harmon, E. Paul Jones, Lanett Police Dept., Ray D. Martin, Roland L. Sledge, filed by Zyrell Horton. (No pdf attached to this entry - See doc #9 for pdf) (wcl, ) |
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Filing 8
ORDER ON MOTION: It is ORDERED that the #7 Motion for Appointment of Counsel be and is hereby DENIED as further set out in the order. Signed by Honorable Judge Charles S. Coody on 9/25/2018. (dmn, )
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| Filing 7 MOTION to Appoint Counsel by Zyrell Horton. (dmn, ) |
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Filing 6
ORDER ON MOTION: It is ORDERED that the #5 Motion for Extension of Time be and is hereby GRANTED. It is further ORDERED that the plaintiff be GRANTED an extension from 9/12/2018 to and including 9/26/2018 to file an objection to the Recommendation. Signed by Honorable Judge Charles S. Coody on 9/12/2018. (dmn, )
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| Filing 5 MOTION for Extension of Time to File Response to #4 Recommendation by Zyrell Horton. (dmn, ) |
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Filing 4
(WITHDRAWN PURSUANT TO THE COURT'S #10 ORDER) RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The plf's claims against Judge Ray D. Martin, District Attorney E. Paul Jones, Susan K. Harmon and Roland L. Sledge seeking relief for actions which occurred during state criminal or post-conviction proceedings before the Circuit Court of Chambers County, Alabama be DISMISSED with prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(i), (ii) and (iii); 2) The plf's claims which challenge the validity of his attempted murder conviction and resulting sentence imposed upon him by the Circuit Court of Chambers County, Alabama be dismissed without prejudice in accordance with the directives of 28 USC 1915(e)(2)(B)(ii) as such claims are not properly before the court in the instant cause of action; 3) The plf's Miranda claim lodged against Detective Larry Clark be dismissed with prejudice under 28 USC 1915(e)(2)(B)(i); 4) This case be dismissed prior to service of process in accordance with the directives of 28 USC 1915(e)(2)(B)(i), (ii) and (iii); Objections to R&R due by 9/12/2018. Signed by Honorable Judge Charles S. Coody on 8/29/2018. (wcl, ) Modified on 9/26/2018 (wcl, ).
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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 plf and account clerk at Frank Lee Youth Center. Signed by Honorable Judge Charles S. Coody on 8/29/2018. (furn: cashier) (wcl, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Zyrell Horton. (es, ) |
| Filing 1 Inmate 1983 COMPLAINT against Larry Clark, Susan K. Harmon, E. Paul Jones, Lanett Police Dept., Ray D. Martin, Roland L. Sledge, filed by Zyrell Horton.(es, ) |
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