Burgess v. Turner
Plaintiff: Charles Burgess
Defendant: Wells Turner, III
Case Number: 5:2019cv01108
Filed: July 16, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: Annemarie Carney Axon
Referring Judge: Herman N Johnson
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2019 Opinion or Order Filing 5 ORDER OF DISMISSAL - Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judges report and ACCEPTS his recommendation. Accordingly, the court ORDERS that this action is DISMISSED WITHOUT PREJUDICE for failure to prosecute. Signed by Judge Annemarie Carney Axon on 9/5/2019. (KEK)
August 12, 2019 Opinion or Order Filing 4 REPORT AND RECOMMENDATION - Based on the complaint filed by the plaintiff, on July 18, 2019, the magistrate judge entered an order requiring the plaintiff to notify the court within fifteen (15) days whether he wished to continue this action pursuant to 42 U.S.C. 1983, or dismiss this action and file a habeas petition. (Doc. 3). That time has elapsed and the plaintiff has not complied with or otherwise responded to the Order of July 18, 2019.Accordingly, the undersigned RECOMMENDS that this action be DISMISSED WITHOUT PREJUDICE due to the plaintiffs failure to prosecute. Objections to R&R due by 8/26/2019. Signed by Magistrate Judge Herman N Johnson, Jr on 8/12/2019. (KEK)
July 18, 2019 Opinion or Order Filing 3 ORDER - Regardless whether the plaintiff is pursuing habeas relief, relief under 1983, or both, he may apply to proceed in forma pauperis. However, the filing fee and other legal requirements are different depending on the type of action being pursued. The filing fee in a habeas action is $5.00, and it may be waived entirely by the court. See 28 U.S.C. 1914, 1915(a). The filing fee in a 1983 action is $350.00. 28 U.S.C. 1914(a). The plaintiff must notify the court within fifteen (15) days whether he wishes to (1) continue with this action pursuant to 42 U.S.C. 1983 or (2) dismiss this action and file a habeas petition in which he corrects the deficiencies identified herein. If the plaintiff fails to notify the court of his intentions within the allotted time, this action may be dismissed for failure to prosecute without further notice to the plaintiff. Signed by Magistrate Judge Herman N Johnson, Jr on 7/18/2019. (KEK)
July 16, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Charles Burgess. (KEK)
July 16, 2019 Filing 1 COMPLAINT against Wells Turner, III, filed by Charles Burgess.(KEK)

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Defendant: Wells Turner, III
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Plaintiff: Charles Burgess
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