Trejo v. State of Alabama et al
| Alberto Trejo |
| State Of Alabama, Alabama Department of Corrections and Internal Investigations |
| 1:2021cv00390 |
| September 9, 2021 |
| US District Court for the Southern District of Alabama |
| Sonja F Bivins |
| Terry F Moorer |
| Prisoner: Prison Conditions |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 29, 2021. A more recent docket listing may be available from PACER.
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Filing 27
MEMORANDUM OPINION & ORDER re: #26 "Emergency Notice Plaintiff has been Stabbed '24' Times and the Crip Gang Vows He will Die." Infsofar as Plf seeks a temporary restraining order, the request is DENIED as set out. It is construed as a request for preliminary injunction, & Plf's #26 Motion for Preliminary Injunction is referred to the assigned Magistrate Judge as set out. Signed by District Judge Terry F. Moorer on 10/25/21. (copy mailed to Plf on 10/25/21) (tot)
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MOTIONS REFERRED: #26 MOTION for Preliminary Injunction referred to Judge Sonja F. Bivins (See Doc. #27 ). (tot)
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Filing 26
Emergency MOTION for Temporary Restraining Order & MOTION for Preliminary Injunction filed by Alberto Trejo. (Attachment: #1 Letter/Envelopes from MDAL & NDAL) (Referred to J/Moorer on 10/22/21) (tot). (Added MOTION for Preliminary Injunction on 10/25/2021) (tot).
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Filing 25
MOTION for Leave to Proceed in forma pauperis filed by Alberto Trejo. (Referred to Judge Sonja F. Bivins(PSU) on 10/22/21) (tot)
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Filing 24
AMENDED COMPLAINT against Alabama Department of Corrections filed by Alberto Trejo. (Referred to MJ/Bivins(PSU) on 10/22/21) (tot)
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REFERRAL OF #23 Objection to Magistrate Recommendations Action Be Dismissed as to Failure to State a Claim of Deliberate Indifference to the Safety of Plaintiff to Judge Moorer. (mab)
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Filing 23
Objection to Magistrate Recommendations filed by Alberto Trejo; referred to Judge Bivins(PSU) (mab)
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Filing 22
Order, #16 Amendment to Claim & Relief Sought by Plaintiff is being treated as an amended complaint. Plf is to file, by 10/11/2021, his complaint on this Court's current form as set out. Signed by Magistrate Judge Sonja F. Bivins on 9/10/21. (copy to Plf w/form on 9/10/21) (tot)
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Filing 21
Order, REFERRING action to the Magistrate Judge for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by District Judge Terry F. Moorer on 9/10/2021. (copy to Pltf) (mab)
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REFERRAL OF #16 Amended Complaint to Judge Bivins(PSU). (mab)
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Filing 20
Case transferred in from District of Alabama Middle; Case Number 2:20-cv-00286. Original file certified copy of transfer order and docket sheet received.
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Filing 19
ORDER: it is ORDERED that: 1. The #17 Recommendation of the Magistrate Judge is ADOPTED; 2. This case is transferred to the US District Court for the Southern District of Alabama for review and disposition; The Clerk is DIRECTED to undertake those measures necessary to effectuate the transfer of this case; This case is Closed in this court. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/3/2021. (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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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 9/9/2021.]
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No objections received re #17 Recommendation. (No PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 18
ORDER: it is ORDERED that: 1. The #15 Recommendation of the Magistrate Judge is ADOPTED; 2. The #9 motion for preliminary injunction filed by Plf is DENIED; 3. This case is referred back to the Magistrate Judge assigned hereto for further appropriate proceedings. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/16/2021. (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 17
RECOMMENDATION OF THE MAGISTRATE JUDGE construing the #16 Amendment to Complaint as an Amended Complaint; it is the Recommendation of the Magistrate Judge that this case be TRANSFERRED to the US District Court for the Southern District of Alabama as permitted by applicable federal law; Objections to R&R due by 8/27/2021. Signed by Honorable Judge Charles S. Coody on 8/13/2021. (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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AMENDED COMPLAINT against Alabama Department of Corrections, Internal Investigations, State of Alabama, filed by Alberto Trejo as construed by the Court's #17 Recommendation. (No PDF attached to this entry - see doc #16 for PDF)(bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 16
AMENDMENT TO #1 Inmate 1983 COMPLAINT against Alabama Department of Corrections, Internal Investigations, State of Alabama, filed by Alberto Trejo.(bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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No objections received re #15 Recommendation. (no PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 15
RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1. The #9 motion for preliminary injunction be DENIED; 2. This case be referred back to the undersigned Magistrate Judge for further appropriate proceedings; Objections to R&R due by 7/30/2021. Signed by Honorable Judge Charles S. Coody on 7/16/2021. (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 14
ORDER ON MOTION denying #13 Motion for resolve and judicial notice; furtherORDERED that on or before 8/5/2021 Plf shall file an amended complaint as ordered by this court; the Clerk is again DIRECTED to provide him with a copy of the #8 order and the form used by prisoners to file 1983 complaints, as further set out in order. Signed by Honorable Judge Charles S. Coody on 7/15/2021. (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 13
Expostulation and MOTION for Resolve and Judicial Notice of Detailed Facts by Alberto Trejo. (Attachments: #1 Ex 1 - Affidavit from Kenneth Traywick, #2 Ex 2 - Affidavit, #3 Ex 3 - Affidavit from Mario Flores)(bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 12
ORDER: it is ORDERED that Plf's #9 Motion for a Temporary Restraining Order is DENIED; This case, including the #9 Motion for a Preliminary Injunction, is hereby REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Judge R. Austin Huffaker, Jr on 6/17/2021. (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 11
ORDER TO SHOW CAUSE: it is ORDERED that on or before 7/9/2021 Plf shall (i) show cause why he has failed to file an amended complaint as ordered by this court, and (ii) file the requisite amended complaint; the Clerk is DIRECTED to provide him with a copy of the #8 order and the form used by prisoners to file 1983 complaints. Signed by Honorable Judge Charles S. Coody on 6/17/2021. (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 10
Case Reassigned to Honorable Judge R. Austin Huffaker, Jr. as presiding judge; Honorable Judge W. Harold Albritton, III no longer assigned to the case. (wcl, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 9
MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order Pursuant to Rule 65(b) Alabama Rules of Civil Procedure by Alberto Trejo. (wcl, ) [Transferred from Alabama Middle on 9/9/2021.]
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NOTICE of Change of Address by Alberto Trejo. (No pdf attached to this entry - See doc #9 for pdf) (wcl, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 8
ORDER: it is ORDERED that on or before 6/22/2020 he shall file an amended complaint, as further set out in order; The amended complaint will supersede the initial complaint; copy of Inmate 1983 Complaint form mailed as directed. Signed by Honorable Judge Charles S. Coody on 6/1/2020. (wcl, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 6
Prisoner Trust Fund Account Statement by Alberto Trejo. (kh, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 7
Partial Filing fee received : $ 10.87, receipt number 4602058044 (kh, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 5
ORDER ON MOTION directing payment of initial partial filing fee of $10.87 be paid on or before 6/4/2020; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting #2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Copies mailed to plf and account clerk at Kilby CF. Signed by Honorable Judge Charles S. Coody on 5/15/2020. (furn: cashier) (wcl, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 4
Prisoner Trust Fund Account Statement by Alberto Trejo. (wcl, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 3
ORDER: it is ORDERED that on or before 5/26/2020 the plf shall file a prison account statement from the inmate account clerk at Kilby, as further set out in order; further ORDERED that the plf shall immediately inform the court and the dfts of any change in his address; Failure to provide a correct address to this court within 10 days following any change of address will result in the dismissal of this action; copies mailed to plf and account clerk @ Kilby CF. Signed by Honorable Judge Charles S. Coody on 5/4/2020. (wcl, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 2
Application to Proceed Without Prepayment of Fees and Affidavit by Alberto Trejo. (Attachments: #1 Affidavit)(es, ) [Transferred from Alabama Middle on 9/9/2021.]
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Filing 1
Inmate 1983 COMPLAINT against Alabama Department of Corrections, Internal Investigations, State of Alabama, filed by Alberto Trejo.(es, ) [Transferred from Alabama Middle on 9/9/2021.]
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