Mims v. Corizon, LLC (INMATE 1)(CONSENT)
| Timothy Mims |
| Officer Melton, Leon Bolling, Cardaro Melton, John Hutton, Corizon LLC and Officer Smith |
| 7:2019cv02065 |
| December 19, 2019 |
| US District Court for the Northern District of Alabama |
| Western Office |
| Madeline Hughes Haikala |
| John E Ott |
| Prisoner Petition (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 61 RESPONSE to re #59 filed by Timothy Mims. (KEK) |
| Filing 60 RESPONSE to re #59 Corizon LLC's Response to COurt Order of January 21, 2020 (DOC 59) filed by Corizon LLC. (Piggott, Philip) |
Filing 59
ORDER - Based on the foregoing, the plaintiff and counsel for the defendant are each ORDERED to submit a report to the court concerning the status of the plaintiff's remaining claim against defendant Corizon within twenty-one (21) days of the entry date of this Order. Signed by Magistrate Judge John E Ott on 1/21/2020. (KEK)
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| Filing 58 Case transferred in from District of Alabama Middle; Case Number 2:18-cv-00645. Original file certified copy of transfer order and docket sheet received. |
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Filing 57
MEMORANDUM OPINION AND ORDER directing that this case is transferred to the United States District Court for the Northern District of Alabama pursuant to the provisions of 28 U.S.C. 1406(a); directing the Clerk to take the appropriate steps to effectuate the transfer of this case and to close this case in this court upon its transfer to the United States District Court for the Northern District of Alabama. Signed by Honorable Judge Jerusha T. Adams on 12/19/19. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Case transferred to Northern District of Alabama. Electronically transferred via CM/ECF transfer to Clerk. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 56
ORDER: it is ORDERED that all deadlines set forth in the #33 Uniform Scheduling Order are continued generally until further order of the court; further ORDERED that the pretrial conference, jury selection and trial which would be reset to be held before the undersigned are CANCELLED. Signed by Honorable Judge Jerusha T. Adams on 12/13/2019. (Furn: Calendar, kr) (Term: PTC for 07/10/2020, Jury Selection and Jury Trial for 08/10/2020)(wcl, ) [Transferred from Alabama Middle on 12/19/2019.]
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Filing 55
ORDER: the court construes the #54 Motion to Show Cause as a response to this court's #53 show cause Order; ORDER granting #47 Motion to Withdraw as Attorney; 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 Jerusha T. Adams on 12/13/2019. (wcl, ) [Transferred from Alabama Middle on 12/19/2019.]
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| ***PURSUANT TO THE COURT'S #55 ORDER - Attorney Leroy Maxwell, Jr terminated. (No PDF attached to this entry) (wcl, ) [Transferred from Alabama Middle on 12/19/2019.] |
| RESPONSE TO ORDER TO SHOW CAUSE by Timothy Mims re #53 Order to Show Cause, as construed in the Court's #55 Order. (No PDF attached to this entry - See doc #54 for PDF) (wcl, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 54 MOTION for Order to Show Cause by Timothy Mims. (Maxwell, Leroy) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 53
ORDER directing plf's counsel to SHOW CAUSE on or before 12/5/2019 as to why the #47 Motion to Withdraw as Attorney should not be denied for failure to comply with this court's order. Signed by Honorable Judge Jerusha T. Adams on 11/26/19. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 52 PRO SE NOTICE of Change of Address by Timothy Mims. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 51 Case Reassigned to Honorable Judge Jerusha T. Adams; Honorable Judge Susan Russ Walker no longer assigned to the case. (am, ) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 50
ORDER GRANTING #48 MOTION for Extension of all pending deadlines to the extent that all deadlines are continued generally until further order of the court, as further set out in order; ORDERING that plf's counsel shall file a notice on or before 11/11/2019 which states whether or not plaintiff desires to terminate the attorney-client relationship. The court defers ruling on the motion to withdraw until this question is resolved. Signed by Honorable Judge Susan Russ Walker on 11/1/19. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 49 NOTICE by Timothy Mims (Attachments: #1 Exhibit A)(Maxwell, Leroy) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 48 MOTION for Extension of Deadline all active deadlines by Timothy Mims. (Maxwell, Leroy) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 47 MOTION for Leroy Maxwell, Jr. to Withdraw as Counsel by Timothy Mims. (Maxwell, Leroy) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 46
ORDER directing that the Jury Selection and Jury Trial set for 8/10/2020 before Magistrate Judge Gray M. Borden is RESET on the same date before Honorable Judge Susan Russ Walker in Courtroom 5B; further ORDERING that the Pretrial Conference set for 7/10/2020 is RESET before Honorable Judge Susan Russ Walker at 02:00 PM in CR 5B; all other deadlines remain as ordered. Signed by Honorable Judge Susan Russ Walker on 7/29/19. Furnished to calendar group & CS.(djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 45 Case Reassigned to Honorable Judge Susan Russ Walker as Presiding Judge; Honorable Judge Gray M. Borden no longer assigned to the case. (alm, ) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 44
ORDER denying #41 Motion to Consolidate Cases, as further set out in order. Signed by Honorable Judge Gray M. Borden on 5/30/19. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 43 Objection to re #41 MOTION to Consolidate Cases filed by Bettie Jean Carmack. (Carmack, Bettie) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 42
ORDER: DIRECTING Defendant to SHOW CAUSE in writing, if any there be, on or before 5/24/2019 as to why the #41 Motion to Consolidate should not be granted. Signed by Honorable Judge Gray M. Borden on 5/15/2019. (am, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 41 MOTION to Consolidate Cases by Timothy Mims. (Maxwell, Leroy) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 40
ORDER RESETTING Jury Trial currently set for 8/24/2020 to the term of court commencing 8/10/2020 before Honorable Judge Gray M. Borden, and the Pretrial Hearing is reset for 7/10/2020 before Honorable Judge Gray M. Borden; The deadlines in the Scheduling Order #33 based on the pretrial or trial dates are adjusted accordingly; All other deadlines remain as ordered. Signed by Honorable Judge Gray M. Borden on 4/2/19. Furnished to calendar group & CB (also resets 7/16/2020 PTC)(djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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Filing 39
ORDER directing this case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Signed by Honorable Judge Myron H. Thompson on 3/22/2019. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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Filing 38
ORDER: it is ORDERED that: (1) Plf Timothy Mims's #35 motion to dismiss voluntarily and without prejudice is granted; (2) Plf Mims's claims against dfts Officer Cardaro Melton, Captain John Hutton, and Warden Leon Bolling are dismissed without prejudice pursuant to FRCP 41(a), and said dfts are terminated as parties to this action; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 3/18/2019. (Attachments: #1 Civil Appeals Checklist) (wcl, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 37 Corporate/Conflict Disclosure Statement by Corizon LLC re #36 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Piggott, Philip) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 36 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Corizon LLC; Corporate Disclosures due by 3/22/2019. (Attachments: #1 standing order & format)(djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 35 First MOTION to Dismiss Voluntarily and without Prejudice by Timothy Mims. (Attachments: #1 Text of Proposed Order Proposed Order)(Maxwell, Leroy) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 34
ORDER directing that plaintiff submit a legal brief by 3/12/2019, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/4/19. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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Filing 33
SCHEDULING ORDER: setting on-the-record Pretrial Conference for 7/16/2020 @ 10:00 AM before Honorable Judge Myron H. Thompson, in Montgomery, Alabama; Jury Trial set for 8/24/2020 @ 10:00 AM before Honorable Judge Myron H. Thompson, in Montgomery, Alabama; Amended Pleadings due by 5/14/2019; Discovery completed by 12/20/2019; dispositive and Daubert Motions due by 1/17/2020; Mediation Notice due by 12/27/2019, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 2/26/19. Furnished to calendar group & AG.(djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 32 NOTICE of Service by Timothy Mims (Maxwell, Leroy) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 31 REPORT of Rule 26(f) Planning Meeting. (Piggott, Philip) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 30
ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 3/1/2019. Signed by Honorable Judge Myron H. Thompson on 2/8/19. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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Filing 29
ORDER TO SHOW CAUSE by the plf in writing as to why his claims against defendants Officer Cardaro Melton, Captain John Hutton, and Warden Leon Bolling and should not be dismissed without prejudice pursuant to Rule 4(m) ; Show Cause Response due by 2/22/2019.. Signed by Honorable Judge Myron H. Thompson on 2/8/19. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Mail Returned as Undeliverable. Copy of #16 orders sent to Officer Melton & Officer Smith returned in mail with the following US Postal Service notation, "returned to sender-not deliverablee as addressed, unable to forward". (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 28 Summons Issued as to John Hutton, Cardaro Melton and mailed CMRRR with copy of amended complaint to defendants. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 27 Alias Summons issued as to Leon Bolling and mailed CMRRR with copy of amended complaint to defendant. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 26
ORDER granting #23 Motion to withdraw limited appearance of Bettie Carmack. Signed by Honorable Judge Myron H. Thompson on 11/8/18. (djy, ) . [Transferred from Alabama Middle on 12/19/2019.]
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Filing 25
ORDER denying as moot #10 Motion to Quash or Motion to Dismiss, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/8/18. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| *** Attorney Bettie J. Carmack terminated pursuant to #26 order (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Mail Returned as Undeliverable. Copy of #19 orders sent to Officer Melton & Officer Smith returned in mail with the following US Postal Service notation, "returned to sender-not deliverablee as addressed, unable to forward". (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 24 ANSWER to Complaint Answer to Plaintiff's Amended Complaint by Corizon LLC.(Piggott, Philip) [Transferred from Alabama Middle on 12/19/2019.] |
| Response re #22 Order by Officer Melton, Officer Smith. (NO PDF document attached to this notice-see docket entry #23 ). (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 23 MOTION to Withdraw Limited Notice of Appearance and Response to the Court's Order (Doc. 22) by Officer Melton, Officer Smith. (Carmack, Bettie) [Transferred from Alabama Middle on 12/19/2019.] |
| AMENDED Inmate 1983 COMPLAINT against Leon Bolling, Corizon LLC, John Hutton, Cardaro Melton, filed by Timothy Mims. (No PDF attached to this entry - see doc #21 for PDF) (wcl, ) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 22
ORDER granting #20 Motion to File Objections and Replies as Necessary to the extent that, by 11/9/2018, counsel may file any objections, responses, or motions to reconsider regarding the orders and filings of which counsel received notice on 10/30/2018. Signed by Honorable Judge Myron H. Thompson on 10/31/18. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 21 (CONVERTED PER #55 ORDER AS AN INMATE 1983 COMPLAINT) AMENDED COMPLAINT against Leon Bolling, Corizon LLC, Officer Cardaro Melton, John Hutton, filed by Timothy Mims.(Maxwell, Leroy) . Modified on 12/13/2019 (wcl, ). [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 20 MOTION to File Objections and Replies as Necessary/Notice to the Court by Officer Melton, Officer Smith. (Attachments: #1 Exhibit 1 - list of orders and notices received today)(Carmack, Bettie) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 19
ORDER granting #17 Motion for Alford Jerome Dees, II to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 10/29/18. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 18 NOTICE of Appearance by Leroy Maxwell, Jr on behalf of Timothy Mims (Maxwell, Leroy) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 17 MOTION for Alfred Dees to Withdraw as attorney by Timothy Mims. (Dees, Alford). Corrected event used to MOTION to Withdraw as Attorney on 10/29/2018 (qc/djy, ). [Transferred from Alabama Middle on 12/19/2019.] |
| *** Attorney Alford Jerome Dees, II terminated pursuant to #19 order (NO PDF Document attached to this notice). (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 16
ORDER granting #14 Motion for Leave to File an amended complaint; directing plf to file, within 5 business days, and amended pleading, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 10/26/18. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Mail Returned as Undeliverable. Copies of #15 order sent to Officer Melton & Officer Smith returned in mail with the following US Postal Service notation, "returned to sender-not deliverable as address; unable to forward". (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 15
ORDER TO SHOW CAUSE as to why #14 Motion for Leave to File to file an amended complaint should not be granted; Show Cause Response due by 10/11/2018. Signed by Honorable Judge Myron H. Thompson on 10/4/18. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| Filing 14 MOTION for Leave to File AMENDED COMPLAINT by Timothy Mims. (Maxwell, Leroy) [Transferred from Alabama Middle on 12/19/2019.] |
| Case reassigned to Honorable Judge Gray M. Borden. Honorable Judge Terry F. Moorer no longer assigned to the case as referral judge (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 13 Summons Returned Unexecuted as to Leon Bolling with the following US Postal Service notation, "returned to sender-UTF". Counsel for plaintiff hereby notified that service is NOT perfected as to this defendant. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 12 Case reassigned to Honorable Judge Myron H. Thompson. Chief Judge William Keith Watkins no longer assigned to the case as presiding judge. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Mail Returned as Undeliverable; #11 Order sent to Officer Smith was returned with the following notations: "Return to Sender, Not Deliverable as Addressed, Unable to Forward" & "Return to Sender, Wrong Address". (No pdf attached to this entry) (alm, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Mail Returned as Undeliverable; #11 Order sent to Officer Melton was returned with the following notations: "Return to Sender, Not Deliverable as Addressed, Unable to Forward" & "Return to Sender, Wrong Address". (No pdf attached to this entry) (alm, ) [Transferred from Alabama Middle on 12/19/2019.] |
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Filing 11
ORDER directing that the #10 MOTION to Quash service of process or, in the alternative MOTION to Dismiss For Insufficient Service of Process be submitted without oral argument on 9/4/2018; further ORDERING that plf file a Response, which shall include a brief, on or before 8/27/2018; the def may file a Reply Brief on or before 9/4/2018, as further set out in order; further ORDERING a briefing schedule for all future motions to remand, motions to dismiss, motions for judgment on the pleadings, and motions for summary judgment, as further set out in order. Signed by Chief Judge William Keith Watkins on 8/8/18. (djy, ) [Transferred from Alabama Middle on 12/19/2019.]
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| ***Attorney Bettie J. Carmack for Officer Melton,Bettie J. Carmack for Officer Smith added pursuant to #10 motion (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 10 MOTION to Dismiss For Insufficient Service of Process by Officer Melton, Officer Smith. (Carmack, Bettie). Added alternative MOTION to Quash service of process on 8/7/2018 as shown on main PDF document (qc/djy, ). [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 9 Corporate/Conflict Disclosure Statement by Timothy Mims re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Dees, Alford) Modified on 8/1/2018 to add the link to the #8 notice (wcl, ). [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Timothy Mims; Corporate Disclosures due by 8/10/2018. (Attachments: #1 standing order & format)(djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Corizon LLC; Corporate Disclosures due by 8/10/2018. (Attachments: #1 standing order & format)(djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 6 ANSWER to Complaint by Corizon LLC.(Piggott, Philip) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 5 Return Receipt Card showing service of summons & complaint signed by Ashley Owens for Officer Melton served on 7/16/2018, answer due 8/6/2018. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 4 Return Receipt Card showing service of summons & complaint signed by Ashley Owens for Officer Smith served on 7/16/2018, answer due 8/6/2018. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 3 Return Receipt Card showing service of summons & complaint signed by Laura McHaney for Corizon LLC served on 7/13/2018, answer due 8/3/2018. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 2 Summons Issued as to Leon Bolling, Corizon LLC, Officer Melton, Officer Smith and mailed CMRRR with copy of complaint. (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Inmate 1983 COMPLAINT against Leon Bolling, Corizon LLC, John Hutton, Officer Melton, Officer Smith, filed by Timothy Mims. (No PDF attached to this entry - See doc #1 for PDF)(wcl, ) [Transferred from Alabama Middle on 12/19/2019.] |
| Filing 1 (CONVERTED PER #55 ORDER AS AN INMATE 1983 COMPLAINT) COMPLAINT against Leon Bolling, Corizon LLC, Officer Melton, Officer Smith ( Filing fee $ 400.00 receipt number 4602049989.), filed by Timothy Mims. (Attachments: #1 civil cover sheet, #2 fee receipt)(djy, ) Modified on 12/13/2019 (wcl, ). [Transferred from Alabama Middle on 12/19/2019.] |
| DEMAND for Trial by Jury by Timothy Mims. (NO PDF document attached to this notice-See Docket entry #1 ). (djy, ) [Transferred from Alabama Middle on 12/19/2019.] |
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