State of Alabama v. Scully
Plaintiff: State of Alabama
Defendant: Defacto Judge William E. Scully, Jr.
Unknown: Kenneth Berger
Case Number: 1:2024cv00170
Filed: May 28, 2024
Court: U.S. District Court for the Southern District of Alabama
Presiding Judge: Kristi K DuBose
Referring Judge: Katherine P Nelson
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2024 Filing 16 NOTICE of Demand for Clerk of the Courts to Perform Ministerial Duty to File on Demand by Kenneth Berger (meh)
July 25, 2024 Case reassigned to District Judge Kristi K. DuBose. Chief District Judge Jeffrey U. Beaverstock no longer assigned to the case. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-N after the case number on all future pleadings. (cle)
July 24, 2024 Filing 15 VERIFIED SECOND AMENDED COMPLAINT AND AFFIDAVIT AND OBJECTION TO TRESSPASS AGAINST RIGHTS AND WRITS OF QUO WARRANTO AND PROHIBITION BY RIGHT IN ACCORDANCE WITH LAW, against All Defendants, filed by Kenneth Berger. Referred to Judge Beaverstock. (cjr)
July 17, 2024 Opinion or Order Filing 14 Order re: #13 MOTION to Dismiss Amended Complaint (Doc. 11) filed by William E. Scully, Jr. The plaintiff is to file his response to the Motion due no later than 7/24/2024. The defendant is to file any Reply no later 7/31/2024. The Court will take the Motion to Dismiss under submission on 8/1/2024. Copy mailed to Plaintiff at the address on file. Signed by Chief District Judge Jeffrey U. Beaverstock on 7/17/2024. (jmr)
July 16, 2024 Filing 13 MOTION to Dismiss Amended Complaint (Doc. 11) filed by William E. Scully, Jr. (Attachments: #1 Exhibit 1 - AlaCourt Case Action Summary, #2 Exhibit 2 - Motion to Disqualify) (Elkins, Cameron)
July 16, 2024 Opinion or Order Filing 12 ORDER Setting Hearing re: #7 MOTION of Disqualification, #8 MOTION to Dismiss: Motion Hearing set for 8/13/2024 at 9:30 AM in US Courthouse, Courtroom 4A, 155 St. Joseph Street, Mobile, AL 36602 before Chief District Judge Jeffrey U. Beaverstock. Signed by Chief District Judge Jeffrey U. Beaverstock on 07/16/2024. (Copy to Defendant) (cjr)
July 16, 2024 MOTIONS REFERRED: #13 MOTION to Dismiss Amended Complaint (Doc. 11), referred to Judge Beaverstock. (cjr)
July 3, 2024 Filing 11 CORRECTED VERIFIED 1st AMENDED COMPLAINT BY RIGHT - WRIT OF QUO WARRANTO against William E. Scully, Jr, filed by Kenneth Berger. Referred to Judge Beaverstock. (cjr)
July 2, 2024 Filing 10 VERIFIED 1st AMENDED COMPLAINT BY RIGHT - WRIT OF QUO WARRANTO against William E. Scully, Jr, filed by Kenneth Berger. (cjr)
July 2, 2024 REFERRAL OF #10 Amended Complaint to Judge Beaverstock. (cjr)
June 25, 2024 Opinion or Order Filing 9 ORDER re: #8 MOTION to Dismiss filed by William E. Scully, Jr.: Responses due by 7/2/2024; Replies due by 7/9/2024; Motion to be taken under submission on 7/10/2024. Signed by Chief District Judge Jeffrey U. Beaverstock on 06/25/2024. (Copy to Berger) (cjr)
June 25, 2024 Filing 8 MOTION to Dismiss filed by William E. Scully, Jr. (Attachments: #1 Exhibit 1 - AlaCourt Case Action Summary, #2 Exhibit 2 - Motion to Disqualify) (Elkins, Cameron)
June 24, 2024 Filing 7 Motion of Disqualification for Cause [28 U.S.C. 455, Judicial Canon 2.1, Under the Constitution] by Kenneth Berger. (cjr)
June 24, 2024 REFERRAL OF #7 Affidavit to Judge Beaverstock. (cjr)
June 10, 2024 Filing 6 DUPLICATE SUMMONS Returned Executed as to Judge William E. Scully, Jr., service date of 06/10/2024, by Kenneth Berger. Judge William E. Scully, Jr. previously served on 6/4/2024. (cjr)
June 4, 2024 Filing 5 SUMMONS Returned Executed by Kenneth Berger. William E. Scully, Jr served on 6/4/2024, answer due 6/25/2024. (cjr)
May 29, 2024 Filing 4 Filing fee: $ 405.00, receipt number 1064048, received 05/28/2024. (cjr)
May 29, 2024 Opinion or Order Filing 3 TEXT-ONLY ORDER: The undersigned has reviewed this newly filed action and determines that it is related to an existing case, Civ. Act. No. 1:24-cv-76-JB-N. Therefore, the Clerk of Court is DIRECTED to reassign this case to the district judge and magistrate judge assigned to the first filed action. To ensure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix JB-N after the case number on all future pleadings. Signed by District Judge Terry F. Moorer on 5/29/24. (copy mailed to Plf on 5/29/24) (tot) Modified on 5/29/2024 (tot).
May 28, 2024 Filing 2 Summons Issued as to William E. Scully, Jr. (Issued by Intake & returned to Plf for service.) (tot)
May 28, 2024 Filing 1 WRIT OF QUO WARRANTO - USURPTION OF PUBLIC OFFICE against Defacto Judge William E. Scully, Jr., filed by Kenneth Berger. 90 day Rule 4m deadline set for 8/26/2024. Filing Fee: $405; Receipt No. 1064048. (Attachment: #1 Exhibit, #2 Civil Cover Sheet) (Referred to J/Moorer on 5/28/24) (tot) Modified on 5/28/2024 (tot).

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Defendant: Defacto Judge William E. Scully, Jr.
Represented By: Cameron Wayne Elkins
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Unknown: Kenneth Berger
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Plaintiff: State of Alabama
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