Stewart v. Brunson et al (INMATE 2)
| Cyrus Dale Stewart |
| Andre Brunson, Wayne Ellis, Macon County Sheriff's Department and City of Tuskegee |
| 3:2021cv00617 |
| September 15, 2021 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Susan Russ Walker |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.
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Filing 11
ORDER ON MOTION: GRANTING the #10 Motion for Extension of Time filed by Defendant Ellis; the deadline for Defendant Ellis to file his Answer and Written Report is extended to 1/3/2022. Signed by Honorable Judge Susan Russ Walker on 11/1/2021. (am, )
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| Filing 10 MOTION for Extension of Time to File Special Report & Answer by Wayne Ellis. (Lyckman, Haley) |
| Filing 9 Corporate/Conflict Disclosure Statement by Wayne Ellis. (Lyckman, Haley) |
| Filing 8 NOTICE of Appearance by Haley Elizabeth Lyckman on behalf of Wayne Ellis (Lyckman, Haley) |
| AO FORM 85 mailed to counsel for Wayne Ellis. (NO PDF attached to this entry) (am, ) |
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Filing 7
ORDER: it is ORDERED that: 1. The #5 Recommendation of the Magistrate Judge is ADOPTED; 2. Plaintiff's claims against the Macon County Sheriff's Department are DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915A(1)(b); 3. Plaintiff's claims against the City of Tuskegee are DISMISSED without prejudice prior to service of process under 28 U.S.C. 1915A(1)(b); 4. The Macon County Sheriff's Department and the City of Tuskegee are TERMINATED as parties to this action prior to service of process; DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP as to Defendants Macon County Sheriff's Department and the City of Tuskegee; This case is not closed and is referred to the United States Magistrate Judge for further proceedings regarding Plaintiff's claims against the remaining defendants. Signed by Honorable Judge W. Harold Albritton, III on 10/18/2021. (Attachments: #1 Civil Appeals Checklist)(am, )
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| Filing 6 Return Receipt Card showing service of Complaint, & #4 Order signed by Robin T. C. for Wayne Ellis, answer due 11/1/2021. (am, ) |
| Filing 5 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1. Plaintiff's claims against the Macon County Sheriff's Department be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915A(1)(b); 2. Plaintiff's claims against the City of Tuskegee be DISMISSED without prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915A(1)(b); 3. The Macon County Sheriff's Department and the City of Tuskegee be TERMINATED as parties; and 4. This case be referred to the undersigned for additional proceedings; Objections to R&R due by 10/11/2021. Signed by Honorable Judge Susan Russ Walker on 9/24/2021. (am, ) |
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Filing 4
ORDER TO FILE SPECIAL REPORT AND ANSWER by 11/1/2021; copies mailed to plaintiff; mailed by CMRRR with complaint to dfts Brunson and Ellis. Signed by Honorable Judge Susan Russ Walker on 9/20/2021. (es, )
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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 under 28 U.S.C 1915(b)(1) and (2), as further set out in order; it is further ORDERED: 1)Plf will make monthly payments of 20 percent of each preceding month's income credited to his account as payments towards the $350 filing fee; and 2) Persons having custody of Plf will forward the payments from Plf's account to the Clerk of this Court each time his account exceeds $10 until the $350 filing fee is paid in full; Directing the Clerk to furnish a copy of this Order to the inmate account clerk at the facility where Plf is detained. Signed by Honorable Judge Susan Russ Walker on 9/20/2021. (es, ) Modified on 9/20/2021 to reflect as Furnished: Cashier & Account Clerk @ MCJ) (am, ).
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Cyrus Dale Stewart. (hrs, ) |
| Filing 1 Inmate 1983 COMPLAINT against Andre Brunson, City of Tuskegee, Wayne Ellis, Macon County Sheriff's Department, filed by Cyrus Dale Stewart.(hrs, ) |
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