Sullivan v. Russell County Jail et al (INMATE 1)
| Daryus D. Sullivan |
| Russell County Jail, Sgt. Schroeder, Lt. Johnson, Paul Weatherly, Russell County Sheriff Department and Heath Taylor |
| 3:2021cv00689 |
| October 14, 2021 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Susan Russ Walker |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| AO FORM 85 mailed to counsel for Lt. Johnson, Sgt. Schroeder, Heath Taylor, Paul Weatherly. (dmn, ) (no pdf) |
Filing 14
ORDER ON MOTION: Upon consideration of the Defendants' motion for extension of time to file their special report filed 12/1/2021 (Doc. #13 ), it is ORDERED that the Motion (Doc. #13 ) be and hereby is GRANTED and that Defendants shall file their special report on or before 2/1/2022. Signed by Honorable Judge Susan Russ Walker on 12/7/2021. (dmn, )
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| Filing 13 MOTION for Extension of Time to File Special Report & Answer re #5 Order to file special report within 40 days of the date of this order,, by Lt. Johnson, Sgt. Schroeder, Heath Taylor, Paul Weatherly. (Lyckman, Haley) |
| Filing 12 Corporate/Conflict Disclosure Statement by Lt. Johnson, Sgt. Schroeder, Heath Taylor, Paul Weatherly. (Lyckman, Haley) |
| Filing 11 NOTICE of Appearance by Haley Elizabeth Lyckman on behalf of Lt. Johnson, Sgt. Schroeder, Heath Taylor, Paul Weatherly (Lyckman, Haley) |
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Filing 10
ORDER: On 10/22/2021, the Magistrate Judge filed a Recommendation to which no timely objection has been filed. Doc. #4 . There being no objection filed to the Recommendation, and after an independent review of the file, the court concludes the Magistrate Judge's Recommendation should be adopted. Accordingly, it is ORDERED that: 1. The Recommendation of the Magistrate Judge Doc. #4 is ADOPTED. 2. Plaintiff's 1983 claim against Russell County Jail and the Russell County Sheriff's Department are DISMISSED with prejudice under 28 U.S.C. 1915A(b)(1). 3. Defendants Russell County Jail and Russell County Sheriff's Department are TERMINATED as parties to this action prior to service of process. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58 as to Defendants Russell County Jail and Russell County Sheriff's Department. This case is not closed and is referred to the United States Magistrate Judge for further proceedings regarding the Plaintiff's claims against the remaining Defendants. Signed by Honorable Judge W. Harold Albritton, III on 11/16/2021. (Attachments: #1 Civil Appeals Checklist)(dmn, ) (Main Document 10 replaced on 11/16/2021) (dmn, ). Modified on 11/16/2021 to correct title "Order on Motion" and correct filer name "Russell County Sheriff Department." (dmn, )
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| No objections filed to #4 report and recommendation (NO PDF document attached to this notice). (djy, ) |
| Filing 9 Return Receipt Card showing service of #1 Inmate 1983 Complaint and #5 Order signed by Priscilla Williams for Sgt. Schroeder served on 10/26/2021, answer due 12/3/2021. (dmn, ) |
| Filing 8 Return Receipt Card showing service of #1 Inmate 1983 Complaint and #5 Order signed by Priscilla Williams for Paul Weatherly served on 10/26/2021, answer due 12/3/2021. (dmn, ) |
| Filing 7 Return Receipt Card showing service of #1 Inmate 1983 Complaint and #5 Order signed by Priscilla Williams for Heath Taylor served on 10/26/2021, answer due 12/3/2021. (dmn, ) |
| Filing 6 Return Receipt Card showing service of #1 Inmate 1983 Complaint and #5 Order signed by Priscilla Williams for Lt. Johnson served on 10/26/2021, answer due 12/3/2021. (dmn, ) |
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Filing 5
ORDER TO FILE SPECIAL REPORT on 12/3/2021 as further set out in the order. The CLERK is DIRECTED to (1) send a copy of this Order to Plaintiff; and (2) serve a copy of this Order and the Complaint via certified mail on Defendants Sgt. Schroeder, Lt. Johnson, Sgt. Paul Weatherly, Sheriff Heath Taylor. Copy mailed to plaintiff; copies mailed by CMRRR with copy of #1 Inmate 1983 complaint to Defendants Schroeder, Johnson, Weatherly, Taylor as directed. Signed by Honorable Judge Susan Russ Walker on 10/22/2021. (dmn, )
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| Filing 4 RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's claims against the Russell County Jail and the Russell County Sheriff's Department be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915A(b)(1); 2. The Russell County Jail and the Russell County Sheriff's Department be TERMINATED as parties; and 3. This case be referred to the undersigned for additional proceedings. Objections to R&R due by 11/5/2021. Signed by Honorable Judge Susan Russ Walker on 10/22/2021. (dmn, ) |
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Filing 3
ORDER ON MOTION directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full as further set out in the order; granting #2 Application (which the court construes as a motion) for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk Russell County Jail. Signed by Honorable Judge Susan Russ Walker on 10/20/2021. Furnished cashier.(dmn, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Daryus D. Sullivan. (bll, ) |
| Filing 1 Inmate 1983 COMPLAINT against Lt. Johnson, Russell County Jail, Russell County Sheriff Department, Sgt. Schroeder, Heath Taylor, Paul Weatherly, filed by Daryus D. Sullivan. (Attachments: #1 Attachment)(bll, ) |
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