Mims v. Melton et al (INMATE 1)
| Timothy Mims |
| Leon Bolling, John Hutton and Cordaro Melton |
| 5:2019cv02045 |
| December 18, 2019 |
| US District Court for the Northern District of Alabama |
| Northeastern Office |
| John E Ott |
| R David Proctor |
| Prisoner Petition (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.
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Filing 44
Case transferred in from District of Alabama Middle; Case Number 2:19-cv-00296. Original file certified copy of transfer order and docket sheet received.
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Filing 43
ORDER: it is ORDERED that the #39 Recommendation is ADOPTED and that this action is TRANSFERRED to the United States District Court for the Northern District of Alabama pursuant to 28 USC 1404(a). Signed by Honorable Judge William Keith Watkins on 12/18/2019. (bes, ) [Transferred from Alabama Middle on 12/18/2019.]
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Case transferred to Northern District of Alabama; Electronically transferred via CM/ECF to Clerk. (No PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 12/18/2019.]
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Mail Returned as Undeliverable; #36 & #38 Orders and #37 Notice of Reassignment sent to Timothy Mims were returned with the following notation, "Return To Sender, Refused, Unable To Froward." (Copies have been re-mailed to plf at address provided in docket entry #40 ) (No pdf attached to this entry) (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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No objections filed to the #39 Recommendation. (No PDF attached to this entry) (amf, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 42
ORDER ON MOTION denying #41 Motion for Court to Stay All Proceedings. Signed by Honorable Judge Wallace Capel, Jr on 11/19/2019. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 41
MOTION for the Court to Order a Stay of all Proceedings in this Case for a Period of 60 Days Due to Extraordinary Circumstances by Timothy Mims. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 40
NOTICE of Change of Address by Timothy Mims. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Mail Returned as Undeliverable; #39 Recommendation sent to Timothy Mims was returned with the following notation, "Return To Sender, Refused, Unable To Froward." (Copy has been re-mailed to plf at address provided in docket entry #40 ) (No pdf attached to this entry) (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 39
RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that this case be transferred to the United States District Court for the Northern District of Alabama pursuant to the provisions of 28 USC 1404(a); Objections to R&R due by 11/21/2019. Signed by Honorable Judge Wallace Capel, Jr on 11/7/2019. (wcl, ) Modified on 11/18/2019 to reflect a copy was re-mailed to plf at address provided in docket entry #40 (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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Filing 38
ORDER: it is ORDERED that the dfts shall file no answer or other responsive pleading until further order. Signed by Honorable Judge Wallace Capel, Jr on 10/18/2019. (wcl, ) Modified on 12/2/2019 to reflect a copy was re-mailed to plf at address provided in docket entry #40 (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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Filing 37
Case Reassigned to Honorable Judge William Keith Watkins as presiding judge and Honorable Judge Wallace Capel, Jr. as referral judge; Honorable Judge Wallace Capel, Jr no longer assigned to the case as presiding judge. (wcl, ) Modified on 12/2/2019 to reflect a copy was re-mailed to plf at address provided in docket entry #40 (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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Filing 36
ORDER granting #32 Motion to Withdraw as Counsel; DIRECTING the Clerk's Office to convert this case to an inmate action proceeding under 42 USC 1983; further ORDERED that Plf, now a pro se party, is instructed to become familiar with the Federal Rules of Civil Procedure, this Court's Local Rules, and this Court's Guidelines to Civil Discovery, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 10/18/2019. (wcl, ) Modified on 12/2/2019 to reflect a copy was re-mailed to plf at address provided in docket entry #40 (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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***PURSUANT TO THE COURT'S #36 ORDER - Attorney Leroy Maxwell, Jr terminated. (No pdf attached to this entry) (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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AO FORM 85 mailed to counsel for John Hutton, Cordaro Melton. (No pdf attached to this entry) (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 35
NOTICE of Compliance by Timothy Mims. (Attachments: #1 Exhibit A)(Maxwell, Leroy) Modified on 10/18/2019 to clarify the docket text (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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Filing 32
MOTION to Withdraw as Attorney by Timothy Mims. (Maxwell, Leroy) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 31
ORDER denying as moot #12 Motion to Dismiss. Signed by Honorable Judge Wallace Capel, Jr on 9/24/2019. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 30
NOTICE of Correction re #29 Amended Complaint, to attach a corrected PDF document to add "Jury Demand" on the front page, to correctly reflect the document as an "Amended Complaint" and to correct the Defendant's name in the case caption. (Attachments: #1 Corrected Main PDF Document to Docket Entry #29 )(wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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AMENDED Inmate 1983 COMPLAINT with JURY DEMAND against John Hutton, Cordaro Melton, filed by Timothy Mims, pursuant to the court's #36 Order directing conversion. (No pdf attached to this entry - See doc #29 for pdf)(wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 29
(CONVERTED PER #36 ORDER AS AN AMENDED INMATE 1983 COMPLAINT) AMENDED COMPLAINT with JURY DEMAND against John Hutton, Cordaro Melton, filed by Timothy Mims.(Maxwell, Leroy) (Main Document 29 replaced on 9/20/2019) (wcl, ). Modified on 9/20/2019 to attach a corrected PDF document to add "Jury Demand" on the front page, to correctly reflect the document as an "Amended Complaint" and to correct the Defendant's name in the case caption (wcl, ). Modified on 10/18/2019 (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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Filing 28
TEXT ORDER: upon consideration of Dfts' #24 Motion to Extend Time to File and Answer, it is ORDERED that the motion is GRANTED; Dfts shall have thirty days from the date of the filing of the amended complaint to file their responsive pleading. Signed by Honorable Judge Wallace Capel, Jr on 9/13/2019. (No pdf attached to this entry) (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 27
Corporate/Conflict Disclosure Statement by John Hutton, Cordaro Melton re #26 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Carmack, Bettie) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 26
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to John Hutton, Cordaro Melton; Corporate Disclosures due by 9/23/2019. (Attachments: #1 Corporate/Conflict Disclosure Attachment) (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 25
NOTICE of Assignment to Magistrate Judge sent to counsel for John Hutton, Cordaro Melton. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 24
MOTION for Extension of Time to File Answer by John Hutton, Cordaro Melton. (Carmack, Bettie) [Transferred from Alabama Middle on 12/18/2019.]
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Set/Reset Answer Deadlines: John Hutton due 9/14/2019. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 23
SUMMONS Returned Executed by Timothy Mims. Cordaro Melton served on 8/22/2019, answer due 9/12/2019. (Maxwell, Leroy) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 22
SUMMONS Returned Executed by Timothy Mims. John Hutton served on 8/24/2019, answer due 9/14/2019. (Maxwell, Leroy) Modified on 9/12/2019 to correct the docket text to reflect the correct service date as 8/24/2019 and correct answer deadline as 9/14/2019 (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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Filing 21
ORDER granting #18 Motion for Extended Time for Service of Summons and Complaint and #17 Motion for Leave to Amend Complaint; Plf shall file his first amended complaint on or before 9/13/2019; ORDER denying as moot #20 Motion to Deny Mims' Motion to Amend the Complaint and #19 Motion to Overrule Plf's Objections to Bolling's Motion to Dismiss; Dft is hereby instructed to refrain from filing response and reply briefs as motions, it is inappropriate and unnecessary. Signed by Honorable Judge Wallace Capel, Jr on 9/6/2019. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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MOTION to Deny Mim's #17 MOTION to Amend the #1 Complaint to Add Willie Thomas by Leon Bolling. (No pdf attached to this entry - See doc #20 for pdf) (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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MOTION to Overrule Plf's #17 Objections to Bolling's Motion to Dismiss by Leon Bolling. (No pdf attached to this entry - See doc #19 for pdf) (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 20
RESPONSE to Motion re MOTION to Amend/Correct #1 Complaint, (Motion to Deny Mims Motion to Amend the Complaint to Add Willie Thomas) filed by Leon Bolling. (Carmack, Bettie) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 19
REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Leon Bolling. (Carmack, Bettie) [Transferred from Alabama Middle on 12/18/2019.]
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MOTION for Leave to Amend #1 Complaint, by Timothy Mims. (No pdf attached to this entry - See doc #17 for pdf) (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 18
MOTION for Extended Time for Service of Summons and Complaint by Timothy Mims. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Maxwell, Leroy) Modified on 9/3/2019 to clarify the docket text (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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Filing 17
RESPONSE to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Timothy Mims. (Attachments: #1 Exhibit 1 - Complaint)(Maxwell, Leroy) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 16
ORDER granting #15 MOTION for Enlargement of Time; Plf's responses shall be due on or before 8/30/2019. Signed by Honorable Judge Wallace Capel, Jr on 8/13/2019. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 15
MOTION for Extension of Time to File Response/Reply by Timothy Mims. (Maxwell, Leroy) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 14
ORDERED that, on or before August 16, 2019, Plaintiff shall respond and show cause why this action should not be dismissed for failure to timely perfect service. Additionally, upon consideration of Defendant Leon Bolling's Motion to Dismiss (Doc. #12 ), it is ORDERED that, on or before August 20, 2019, Plaintiff shall file a written response to the motion and show cause, if any, why the motion should not be granted. Signed by Honorable Judge Wallace Capel, Jr on 8/6/2019. (kh, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 13
Alias Summons issued as to John Hutton, Cordaro Melton and returned to counsel for personal service by process server. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Leon Bolling. (Attachments: #1 Exhibit A - Affidavit of Leon Bolling, #2 Exhibit B - Recommendation for Personnel Action (transfer), #3 Exhibit C - Transfer letter, #4 Exhibit D - Employee Performance Appraisal)(Carmack, Bettie) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 11
Summons Returned Unexecuted as to Cordaro Melton with the following notation, "Return To Sender, Unclaimed, Unable To Forward"; counsel is notified via this notice of service unperfected. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 10
Corporate/Conflict Disclosure Statement by Timothy Mims re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Maxwell, Leroy) Modified on 5/30/2019 to add the link to the #8 notice (wcl, ). (Additional attachment(s) added on 5/31/2019: #1 Corrected Certificate of Service) (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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Filing 9
ORDER granting in part and denying in part #5 MOTION for Extension of Time for Filing a Responsive Pleading, as further set out in order; Leon Bolling answer due 7/29/2019. Signed by Honorable Judge Wallace Capel, Jr on 5/30/2019. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 8
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Timothy Mims; Corporate Disclosures due by 6/10/2019. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 7
NOTICE of Assignment to Magistrate Judge sent to counsel for Leon Bolling. (wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 6
Corporate/Conflict Disclosure Statement by Leon Bolling. (Carmack, Bettie) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 5
MOTION for Extension of Time to File Answer a Responsive Pleading by Leon Bolling. (Carmack, Bettie) Modified on 5/30/2019 to clarify the docket text (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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Filing 4
Return Receipt Card showing service of Summons and #1 Complaint signed by Leon Bolling for Leon Bolling served on 5/6/2019, answer due 5/28/2019. (kh, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 3
Summons Issued as to Leon Bolling, John Hutton, Cordaro Melton. and mailed CMRRR with copy of #1 complaint. (kh, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 2
NOTICE of Assignment to Magistrate Judge sent to counsel for Timothy Mims (kh, ) [Transferred from Alabama Middle on 12/18/2019.]
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Inmate 1983 COMPLAINT with JURY DEMAND against Leon Bolling, John Hutton, Cordaro Melton, filed by Timothy Mims, pursuant to the court's #36 Order directing conversion. (No pdf attached to this entry - See doc #1 for pdf)(wcl, ) [Transferred from Alabama Middle on 12/18/2019.]
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Filing 1
(CONVERTED PER #36 ORDER AS AN INMATE 1983 COMPLAINT) COMPLAINT against Leon Bolling, John Hutton, Cordaro Melton ( Filing fee $ 400.00 receipt number 4602053360.), filed by Timothy Mims. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt)(kh, ) (Additional attachment(s) added on 5/2/2019: #3 Civil Cover Sheet Signed Copy) (kh, ). Modified on 10/18/2019 (wcl, ). [Transferred from Alabama Middle on 12/18/2019.]
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DEMAND for Trial by Jury by Timothy Mims. (no pdf document attached to this entry - see docket entry #1 for pdf)(kh, ) [Transferred from Alabama Middle on 12/18/2019.]
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