Webb v. Myers et al (INMATE 1)
| Earl Fitzgerald Webb |
| DHR, Ronald L. Myers, Laura Cooper, Dewey Teaque, Jefferson S. Dunn, Michael Fellows, The 37th Judicial District Circuit Court Lee County, Stephanie Evans, Bill English, Alabama Department of Corrections, Kacey Cooper, Christopher J. Hughes and Jessica Ventiere |
| 3:2020cv01063 |
| December 23, 2020 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Kelly F Pate |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.
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Filing 8
ORDER: it is ORDERED that: 1. Plf's #7 objections are OVERRULED; 2. To the extent the objections are construed to seek reconsideration of the #5 OrderAdopting the Recommendation and Final Judgment entered in this case, such reconsideration is DENIED; 3. The Order Adopting the Recommendation and Final Judgment remain in full force and effect. Signed by Honorable Judge W. Harold Albritton, III on 2/19/2021. (bes, )
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| Filing 7 OBJECTION to #4 Recommendation by Earl Fitzgerald Webb. (bes, ) |
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Filing 6
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 summarily dismissed; The Clerk is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge W. Harold Albritton, III on 2/2/2021. (Attachments: #1 Civil Appeals Checklist)(bes, )
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Filing 5
ORDER: it is ORDERED that: 1. The #4 Recommendation of the Magistrate Judge is ADOPTED; 2. The federal claims challenging the constitutionality of Plf's 1984 burglary conviction are DISMISSED with prejudice pursuant to 28 USC 1915(e)(2)(B)(i) as these claims are barred by the applicable statute of limitations; 3. Plf's pendent state law tort claims are DISMISSED without prejudice to Plf's right to present them to the appropriate state court as this court finds it inappropriate to exercise supplemental jurisdiction over these claims; 4. This case is summarily dismissed; A separate Final Judgment will be entered. Signed by Honorable Judge W. Harold Albritton, III on 2/2/2021. (bes, )
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| No Objections received re #4 Recommendation. (No PDF attached to this entry) (bes, ) |
| Filing 4 RECOMMENDATION OF THE MAGISTRATE JUDGE: the Magistrate Judge RECOMMENDS: 1. The federal claims challenging the constitutionality of Plf's 1984 burglary conviction be DISMISSED with prejudice pursuant to 28 USC 1915(e)(2)(B)(i), as these claims are barred by the applicable statute of limitations; 2. Plf's pendent state law tort claims be dismissed without prejudice to Plf's right to present them to the appropriate state court, as the undersigned deems it inappropriate to exercise supplemental jurisdiction over these claims; 3. This case be summarily dismissed; Objections to R&R due by 1/26/2021. Signed by Honorable Judge Kelly F. Pate on 1/12/2021. (bes, ) |
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Filing 3
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 Lee County Detention Center. Signed by Honorable Judge Kelly F. Pate on 1/12/2021. (Furn: Cashier) (bes, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Earl Fitzgerald Webb. (Attachments: #1 Application IFP)(imm, ) |
| Filing 1 Inmate 1983 COMPLAINT against Laura Cooper, DHR, Jefferson S. Dunn, Bill English, Stephanie Evans, Michael Fellows, Ronald L. Myers, Dewey Teaque, The 37th Judicial District Circuit Court Lee County, Christopher J. Hughes, Christopher J. Hughes, Christopher J. Hughes, Alabama Department of Corrections filed by Earl Fitzgerald Webb. (Attachments: #1 Overall Declaration)(imm, ) Modified on 1/4/2021 to add Christopher J. Hughes, Christopher J. Hughes, Christopher J. Hughes, Alabama Department of Corrections as Dfts (bes, ). |
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