Stewart v. Wade et al
| Brandon Willard Stewart |
| Mitchell Jones, Sheriff Deputy Stephen Garmon, Sheriff Matthew Wade and Judge Debra Jones |
| 1:2019cv01291 |
| August 13, 2019 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| Abdul K Kallon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 11
ORDER - The plaintiff is NOTIFIED that the court will not consider his request for release from custody in this action. If he seeks release from custody, he must file a separate habeas petition. Only the plaintiff's claims under 42 U.S.C. 1983and any appropriate relief thereunderwill be addressed in this action. With regard to any habeas petition the plaintiff may file, he is further NOTIFIED that federal courts will generally abstain from interfering in pending state criminal prosecutions except under extraordinary circumstances where the danger of irreparable loss is both great and immediate. Younger v. Harris, 401 U.S. 37 (1971). This abstention doctrine assures state courts an opportunity to consider claims before they will be considered by the federal courts. Further, before a petitioner may maintain a federal habeas petition, he must first exhaust all available state remedies. Georgalis v. Dixon, 776 F.2d 261 (11th Cir. 1985) (citing Walker v. Zant, 693 F.2d 1087 (11th Cir. 1982)). The doctrine of comity requires that the State of Alabama be afforded the opportunity to consider an alleged error before federal habeas corpus relief is available. Signed by Magistrate Judge Staci G Cornelius on 9/30/2019. (AFS)
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Filing 10
ORDER that the court having received prisoner consent form the Warden is directed to deduct Monthly Payments from Prison Account of Brandon Willard Stewart. Signed by Magistrate Judge Staci G Cornelius on 9/18/2019. (AFS)
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| Filing 9 PRISONER CONSENT FORM filed by Brandon Willard Stewart. (KAM) |
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Filing 8
ORDER terming motion or declaration for leave to proceed in forma pauperis, plaintiff is not required to pay a partial filing fee, plaintiff is required to return signed attached consent form within 30 days. Signed by Magistrate Judge Staci G Cornelius on 9/5/2019. (AFS)
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| Filing 7 NOTICE Certification of Prison or Jail Account by Matthew Wade. (AFS) |
| Filing 6 NOTICE (Request for Status) by Brandon Willard Stewart. Mailed docket sheet to Plaintiff first class mail. (AFS) |
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Filing 5
ORDER - It is ORDERED that Sheriff Matthew Wade, or the appropriate jail officer submit to this court within 15 days, information regarding the inmate account of the plaintiff Brandon Willard Stewart, for the last six months. Signed by Magistrate Judge Staci G Cornelius on 8/26/2019. (AFS)
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| Filing 4 AFFIDAVIT in Support #2 MOTION for Leave to Proceed In Forma Pauperis by filed by Brandon Willard Stewart. (JLC) |
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Filing 3
NOTICE OF DEFICIENT PLEADING Plaintiff has 30 days from the entry of this order to file a new verified application to proceed in forma pauperis accompanied by a certified copy of jail and or prison account statements for the last six months, in the event jail personnel refuse to certify the plaintiff's application to proceed in forma pauperis, plaintiff should submit an affidavit stating to the court the name of the person to whom the plaintiff made the request, the date on which plaintiff made the request, and the exact response he received. Signed by Magistrate Judge Staci G Cornelius on 8/15/2019. (AFS)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brandon Willard Stewart. (AFS) |
| Filing 1 COMPLAINT for Violation of Civil Rights against Stephen Garmon, Debra Jones, Mitchell Jones, Matthew Wade, filed by Brandon Willard Stewart.(AFS) |
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