Trejo v. State of Alabama et al
Plaintiff: Alberto Trejo
Defendant: State Of Alabama, Alabama Department of Corrections and Internal Investigations
Case Number: 1:2021cv00390
Filed: September 9, 2021
Court: US District Court for the Southern District of Alabama
Presiding Judge: Sonja F Bivins
Referring Judge: Terry F Moorer
Nature of Suit: Prisoner: Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2021 Opinion or Order 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)
October 25, 2021 Opinion or Order MOTIONS REFERRED: #26 MOTION for Preliminary Injunction referred to Judge Sonja F. Bivins (See Doc. #27 ). (tot)
October 22, 2021 Opinion or Order 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).
October 20, 2021 Opinion or Order 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)
October 20, 2021 Opinion or Order Filing 24 AMENDED COMPLAINT against Alabama Department of Corrections filed by Alberto Trejo. (Referred to MJ/Bivins(PSU) on 10/22/21) (tot)
September 16, 2021 Opinion or Order 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)
September 13, 2021 Opinion or Order Filing 23 Objection to Magistrate Recommendations filed by Alberto Trejo; referred to Judge Bivins(PSU) (mab)
September 10, 2021 Opinion or Order 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)
September 10, 2021 Opinion or Order 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)
September 10, 2021 Opinion or Order REFERRAL OF #16 Amended Complaint to Judge Bivins(PSU). (mab)
September 9, 2021 Opinion or Order 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.
September 3, 2021 Opinion or Order 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.]
September 3, 2021 Opinion or Order 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.]
September 2, 2021 Opinion or Order No objections received re #17 Recommendation. (No PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
August 16, 2021 Opinion or Order 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.]
August 13, 2021 Opinion or Order 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.]
August 12, 2021 Opinion or Order 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.]
August 12, 2021 Opinion or Order 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.]
August 5, 2021 Opinion or Order No objections received re #15 Recommendation. (no PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 9/9/2021.]
July 16, 2021 Opinion or Order 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.]
July 15, 2021 Opinion or Order 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.]
July 14, 2021 Opinion or Order 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.]
June 17, 2021 Opinion or Order 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.]
June 17, 2021 Opinion or Order 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.]
June 17, 2021 Opinion or Order 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.]
June 17, 2021 Opinion or Order 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.]
June 17, 2021 Opinion or Order 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.]
June 1, 2020 Opinion or Order 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.]
May 28, 2020 Opinion or Order Filing 6 Prisoner Trust Fund Account Statement by Alberto Trejo. (kh, ) [Transferred from Alabama Middle on 9/9/2021.]
May 27, 2020 Opinion or Order Filing 7 Partial Filing fee received : $ 10.87, receipt number 4602058044 (kh, ) [Transferred from Alabama Middle on 9/9/2021.]
May 15, 2020 Opinion or Order 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.]
May 11, 2020 Opinion or Order Filing 4 Prisoner Trust Fund Account Statement by Alberto Trejo. (wcl, ) [Transferred from Alabama Middle on 9/9/2021.]
May 4, 2020 Opinion or Order 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.]
April 27, 2020 Opinion or Order 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.]
April 27, 2020 Opinion or Order 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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Plaintiff: Alberto Trejo
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Defendant: State Of Alabama
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Defendant: Alabama Department of Corrections
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Defendant: Internal Investigations
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