Hoff v. Bright et al
| Jon Coleman Hoff |
| Lt. Bright, Warden William Streeter, Capt. Caldwell, Limestone Correctional Facility and Sergeant Moore |
| 5:2023cv01587 |
| November 22, 2023 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Staci G Cornelius |
| Prisoner Petition (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.
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Filing 8
ORDER The plaintiff, Jon Coleman Hoff, has filed an application to proceed in forma pauperis and a certified copy of his jail or prison account statements. (Doc. 7). It is ORDERED that the application is GRANTED pursuant to 28 U.S.C. 1915(b). Hoff has received in his account average monthly deposits of $308.59 and had an average account balance of $362.42 for the last six months. The court therefore assesses an initial partial filing fee of $72.48 under 28 U.S.C. 1915(b)(1). The filing fee in a 1983 lawsuit is $350.00.1 28 U.S.C. 1914(a). In a 1983 case brought by a prisoner, the court may waive prepayment of the fee in whole or in part, but it cannot waive the fee entirely; Hoff must pay the full amount through collections from his jail or prison account, even if the court dismisses his case. See 28 U.S.C. 1915(a),(b). f Hoff does not wish to continue with this action, he may notify the court in writing that he wishes to dismiss his lawsuit, or he may simply take no further action. In that case, the court will not require payment of the $350 filing fee. On the other hand, if he wishes to continue this action, Hoff is ORDERED to sign the attached Prisoner Consent Form and return it to the Clerk of Court, together with a check in the amount of the initial partial filing fee made payable to the "Clerk, United States District Court" within 30 days. Signed by Magistrate Judge Staci G Cornelius on 1/4/2024. (RMM)
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Filing 7
MOTION for Leave to Proceed in forma pauperis by Jon Coleman Hoff. (AKD)
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Filing 6
AMENDED COMPLAINT against Bright, Caldwell, Limestone Correctional Facility, William Streeter, filed by Jon Coleman Hoff.(AKD)
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Filing 5
ORDER On December 4, 2023, the court received a pleading from the pro se plaintiff, Jon Coleman Hoff, an Alabama state prisoner; the Clerk of Court docketed the pleading as a new complaint, initiating a new case. See Hoff v. Bright, et al., No. 5:23-cv-01633 (N.D. Ala. opened Dec. 4, 2023) ("Hoff II"). As explained in the order closing Hoff II, the pleading should have been filed as an amended complaint in the instant lawsuit. Therefore, the court directed the Clerk to: (1) close Hoff II; (2) refile the complaint docketed as Doc. 1 in Hoff II as an amended complaint here; and (3) refile the motion seeking in forma pauperis status docketed as Doc. 2 in Hoff II as a pending motion here. Hoff is ADVISED that the court will address his pending motion and 1983 claims in due course. In addition to the foregoing, the Clerk is DIRECTED to amend the docket sheet in this case to reflect the parties named in the amended complaint. Specifically, the amended complaint omits Limestone Correctional Facility as a defendant and adds Sergeant Moore in its stead. The Clerk is FURTHER DIRECTED to provide a copy of this order to Hoff. Signed by Magistrate Judge Staci G Cornelius on 12/14/2023. (RMM)
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Filing 4
ORDER The plaintiff filed an application to proceed in forma pauperis. The application is deficient for the following reasons: Although the plaintiff filed an application to proceed in forma pauperis, he did not attach a certified copy of his jail or prison account statements for the last six months. Therefore, the plaintiff must file a new application to proceed in forma pauperis and attach a certified copy of his jail or prison account statements for the last six months. The plaintiff must sign the new application and must write "5:23-cv-01587-ACA-SGC" at the top of the first page. The plaintiff must correct this deficiency within 30 days. If he does not correct the deficiency by this deadline, the court may dismiss this action for want of prosecution without further notice under Federal Rule of Civil Procedure 41(b). The Clerk of Court is DIRECTED to serve a copy of the form application to proceed in forma pauperis on the plaintiff along with this order. Signed by Magistrate Judge Staci G Cornelius on 11/27/2023. (RMM)
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Filing 3
NOTICE to plaintiff of filing and case number via first class mail. (RMM)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Jon Coleman Hoff. (RMM)
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Filing 1
COMPLAINT against Bright, Caldwell, Limestone Correctional Facility, William Streeter, filed by Jon Coleman Hoff.(RMM)
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