Elliott v. Evans
| Sylvester Elliott, Jr. |
| Glenn Halbrooks, Andrew James and Earnest Evans |
| 1:2021cv00154 |
| March 30, 2021 |
| US District Court for the Southern District of Alabama |
| Kristi K DuBose |
| P Bradley Murray |
| Prisoner: Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 7 Case transferred in from District of Alabama Middle; Case Number 2:21-cv-00136. Original file certified copy of transfer order and docket sheet received. |
Filing 6
ORDER: it is ORDERED as follows: (1) The #5 Objections are OVERRULED; (2) The #7 Recommendation of the Magistrate Judge is ADOPTED; (3) Plf's claims for relief against Dfts Halbrooks and James be DISMISSED WITH PREJUDICE under 28 USC 1915A(b)(1); (4) Dfts Halbrooks and James be TERMINATED as parties to the Complaint; (5) The Plfs remaining claims against Dft Evans be TRANSFERRED to the US District Court for the Southern District of Alabama under 28 USC 1404(a). Signed by Honorable Judge R. Austin Huffaker, Jr on 3/25/2021. (Attachments: #1 Civil Appeals Checklist)(bes, ) [Transferred from Alabama Middle on 3/30/2021.]
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| Case transferred to Southern District of Alabama; ELECTRONICALLY transferred via CM/ECF to Clerk. (No PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 3/30/2021.] |
| Filing 5 OBJECTION to #4 Recommendation of the Magistrate Judge by Sylvester Elliott, Jr. (bes, ) [Transferred from Alabama Middle on 3/30/2021.] |
| Filing 4 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the Recommendation of the Magistrate Judge that: 1. Plf's claims for relief against Dfts Glenn Halbrooks and Andrew Jams be DISMISSED with prejudice under 28 USC 1915A(b)(1); 2. Dfts Halbrooks and James be TERMINATED as parties to the complaint; 3. Plf's remaining claims for relief against Dft Evans be TRANSFERRED to the US District Court for the Southern District of Alabama under 28 USC 1404(a); Objections to R&R due by 3/22/2021. Signed by Honorable Judge Charles S. Coody on 3/8/2021. (bes, ) [Transferred from Alabama Middle on 3/30/2021.] |
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Filing 3
ORDER ON MOTION granting #2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk at Kilby CF. Signed by Honorable Judge Charles S. Coody on 2/25/2021. (Furn: Cashier) (bes, ) [Transferred from Alabama Middle on 3/30/2021.]
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Sylvester Elliott. (hrs, ) [Transferred from Alabama Middle on 3/30/2021.] |
| Filing 1 Inmate 1983 COMPLAINT against Earnest Evans, Glenn Halbrooks, Andrew James, (Filing Fee: $350.00 Receipt Number: 4602061535) filed by Sylvester Elliott. (Attachments: #1 Exhibit A, #2 Sworn Affidavit Complaint, #3 Amended Affidavit Complaint, #4 Receipt)(hrs, ) Modified on 2/18/2021 to correct spelling of Dft Evans last name (bes, ). (Attachment 1 replaced on 2/18/2021 to redact personal information that was not previously redacted) (bes, ). Modified on 2/18/2021 (bes, ). Modified on 2/19/2021 to include receipt text (bes, ). [Transferred from Alabama Middle on 3/30/2021.] |
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