Cole v. Russell County Sheriff Department et al (INMATE 2)
| Jason Bernard Cole |
| Steve Johnson, Lieutenant Williams, Ian Parker, Heath Taylor, Russell County Jail Detention Facility, Russell County Sheriff Department and Paul Weatherly |
| 3:2024cv00651 |
| October 16, 2024 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| Kelly F Pate |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 19, 2024. A more recent docket listing may be available from PACER.
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Filing 12
ORDER considering the #10 motion to contain a motion to vacate collection of the filing fee; it is ORDERED that the #10 motion is GRANTED as follows: 1.) The #8 Order is VACATED to the extent it requires payment of the applicable filing fee, as further set out in order; 2.) No funds should be collected by jail officials from Plf for the purpose of payment of any portion of the filing fee associated with this case; The Clerk is DIRECTED to furnish the account clerk at the Russell County Jail with a copy of this Order. Signed by Magistrate Judge Kelly F. Pate on 11/19/2024. (BES)
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Filing 11
ORDER & FINAL JUDGMENT: The Court construes the #10 motion to dismiss as a notice of dismissal; The Clerk is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP; This case is closed. Signed by Honorable Judge R. Austin Huffaker, Jr. on 11/18/2024. (BES)
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| Filing 10 MOTION to Dismiss #1 Inmate Complaint filed by Jason Bernard Cole. (LAB) |
| NOTICE of Dismissal by Jason Bernard Cole, as CONSTRUED by the Court's #11 Order & Final Judgment. (no PDF attached to this entry - see doc #10 for PDF) (BES) |
| MOTION to vacate collection of the filing fee by Jason Bernard Cole, as CONSIDERED by the Court's #12 Order. (no PDF attached to this entry - see doc #10 for PDF) (BES) |
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Filing 9
ORDER denying #3 Motion to Appoint Counsel. Signed by Magistrate Judge Kelly F. Pate on 11/4/2024. (BES)
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Filing 8
(VACATED PURSUANT TO THE COURT'S #12 ORDER) 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. Signed by Magistrate Judge Kelly F. Pate on 11/4/2024. (copy mailed to AC at Russell Co. Jail) (BES) Modified on 11/19/2024 (BES).
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Filing 7
RECOMMENDATION OF THE MAGISTRATE JUDGE: the undersigned Magistrate Judge RECOMMENDS that: 1.) Plf's #3 motion for class certification be DENIED; 2.) This case be referred to the undersigned for further proceedings, as further set out in order; Objections to R&R due by 11/18/2024. Signed by Magistrate Judge Kelly F. Pate on 11/4/2024. (BES)
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Filing 6
ORDER: it is ORDERED that by 11/18/2024, Plf must file an amended complaint, as further set out in order; the Clerk is DIRECTED to provide him with a copy of the form used to file 1983 complaints. Signed by Magistrate Judge Kelly F. Pate on 11/4/2024. (Attachments: #1 1983 Complaint Form)(BES)
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| Filing 5 Prisoner Trust Fund Account Statement by Jason Bernard Cole. (BES) |
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Filing 4
ORDER: it is ORDERED that by 11/4/2024, Plf must submit an inmate account statement reflecting the average monthly balance in his inmate account and the average monthly deposits to his account for the six-month period immediately preceding the filing of the Complaint; the Clerk is DIRECTED to provide a copy of this Order to the account clerk at the facility where Plf is incarcerated. Signed by Magistrate Judge Kelly F. Pate on 10/21/2024. (copy mailed to AC at Russell Co. Jail)(BES)
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| Filing 3 MOTION for Class Action and MOTION to Appoint Counsel by Jason Bernard Cole. (TPS). Added MOTION for class action on 10/18/2024 (BES). |
| Filing 2 Application (Request) to Proceed Without Prepayment of Fees and Affidavit by Jason Bernard Cole. (TPS) |
| Filing 1 Inmate 1983 COMPLAINT against Steve Johnson, Ian Parker, Russell County Jail Detention Facility, Russell County Sheriff Department, Heath Taylor, Paul Weatherly, Lieutenant Williams, filed by Jason Bernard Cole. (Attachments: #1 Cover Letter)(TPS) |
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