Beaty v. H&W Tire & Auto et al (INMATE 1)
| Emmanuel Lewis Beaty |
| Mike Thrower, Jessica L. Ventlere, City of Opelika, H&W Tire & Auto, Lee County, Alabama, Stanley Garrett, Patrick Thrower, Brandon Micheal Hughes and Bill English |
| 3:2021cv00210 |
| March 10, 2021 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Susan Russ Walker |
| Mandamus & Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2021. A more recent docket listing may be available from PACER.
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Filing 11
ORDER ON MOTION: it is ORDERED that this #10 motion for leave to amend his objections, is GRANTED, as further set out in order. it is ORDERED that: 1) The plf's objections, as amended, are OVERRULED. 2) The Order adopting the Recommendation of the Magistrate Judge and Final Judgment entered in this case on 4/9/2021 remain in full force and effect. Signed by Honorable Judge W. Harold Albritton, III on 4/14/2021. (cwl, )
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| AMENDED OBJECTION to #6 Report and Recommendations by Emmanuel Lewis Beaty. (NO pdf attached to this entry - see doc #10 for pdf) (cwl, ) |
| Filing 10 MOTION Requesting Permission to Leave Honorable Court to Amend Timely Objections by Emmanuel Lewis Beaty. (cwl, ) |
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Filing 9
FINAL JUDGMENT: In accordance with the #8 order entered on this date adopting the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the Court that judgment is entered in favor of the defendants and against the plaintiff and this case is DISMISSED with prejudice. The Clerk is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge W. Harold Albritton, III on 4/9/2021. (Attachments: #1 Civil Appeals Checklist)(cwl, )
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Filing 8
ORDER: it is ORDERED that: 1. The plaintiff's #7 objections are OVERRULED.2. The #6 Recommendation of the Magistrate Judge is ADOPTED. 3. This case is summarily DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) as the claims presented in the complaint are barred by the applicable statute of limitations. 4. The plaintiff's claims against Mike Thrower, Patrick Thrower and a car salesman are likewise dismissed with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. ' 1915(e)(2)(B)(ii) and (iii). 5. The plaintiff's claims against former District Attorney Brandon M. Hughes, Assistant District Attorney Cathey Berardi and Assistant District Attorney Jessica L. Ventiere for actions undertaken while representing the State in criminal proceedings before the Circuit Court of Lee County, Alabama are also DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(ii) and (iii) because these defendants are entitled to prosecutorial immunity on such claims. 6. Judgment is GRANTED in favor of the defendants. 7. This case is DISMISSED with prejudice. 8. Other than the filing fee assessed to the plaintiff in this case, no costs are taxed. A separate Final Judgment will be entered. Signed by Honorable Judge W. Harold Albritton, III on 4/9/2021. (cwl, )
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| Filing 7 OBJECTION to #6 Report and Recommendations by Emmanuel Lewis Beaty. (cwl, ) |
| Filing 6 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that this case be DISMISSED with prejudice in accordance with 28 U.S.C. 1915(e)(2)(B)(i), as the claims presented in the complaint are barred by the applicable statute of limitations. In addition to the statute of limitations bar relevant to the claims presented in the complaint, it is further the RECOMMENDATION of the Magistrate Judge that:1) The plf's claims against Mike Thrower, Patrick Thrower and an unnamed car salesman be dismissed with prejudice prior to service of process pursuant 28 U.S.C. 1915(e)(2)(B)(ii) and (iii). 2. The plf's claims against former District Attorney Brandon M. Hughes, Assistant District Attorney Cathey Berardi and Assistant District Attorney Jessica L. Ventiere for actions undertaken while representing the State in criminal proceedings before the Circuit Court of Lee County, Alabama be DISMISSED with prejudice in accordance with 28 U.S.C. 1915(e)(2)(B)(ii) and (iii) because these defs are entitled to prosecutorial immunity on such claims. Objections to R&R due by 4/6/2021. Signed by Honorable Judge Susan Russ Walker on 3/22/2021. (cwl, ) |
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Filing 5
ORDER ON MOTION: construing #4 Motion to Amend, a motion to expand the record through issuance of a subpoena duces tecum; DENYING #4 motion to expand the record. Signed by Honorable Judge Susan Russ Walker on 3/19/2021. (cwl, ) Modified on 3/19/2021 to correct docket text (cwl, ).
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| Filing 4 (LETTER) MOTION to Amend #1 Inmate 1983 Complaint, construed as a motion to expand the record pursuant to the Court's #5 Order by Emmanuel Lewis Beaty. (cwl, ) Modified on 3/19/2021 (cwl, ). |
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Filing 3
ORDER ON MOTION: 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 the Lee County Detention Center. Signed by Honorable Judge Susan Russ Walker on 3/12/2012. (furn: cashier) (cwl, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Emmanuel Lewis Beaty. (hrs, ) Modified on 3/12/2021 to clarify text to correct plaintiff name (qc/djy, ). |
| Filing 1 Inmate 1983 COMPLAINT against City of Opelika, Bill English, Stanley Garrett, H&W Tire & Auto, Brandon Micheal Hughes, Lee County, Alabama, Mike Thrower, Patrick Thrower, Jessica L. Ventlere, filed by Emmanuel Lewis Beaty. (Attachments: #1 Civil Cover Sheet, #2 Attachment)(hrs, ) Modified on 3/12/2021 to clarify text to correct plaintiff name (qc/djy, ). |
| DEMAND for Trial by Jury by Emmanuel Lewis Beaty. (No PDF document attached - see docket entry #1 ).(hrs, ) |
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