Allen v. U.S. Federal Bureau of Prisons et al
| Mark J. Allen |
| U.S. Federal Bureau of Prisons, Corrections Corporation of America (C.C.A), Mississippi Department of Corrections (MDOC), Unknown Samuals, D. Scott Dodrill, Michael K. Nalley, James Henry, Jose Santana, Christopher Epps, Emmit Sparkman, Jack Garner, Unknown Nalley, Raymond Byrd, Leroy Pitts, E. Scott, Victor Vines, James Strong, Michael Cavin, D. Holmes, J. Purnell, V. Day, J. Williams, D. Spinks, S. Burkhalter, David Petrie, Ronald Woodall, Jane Doe and John Doe |
| 5:2013cv00017 |
| February 6, 2013 |
| US District Court for the Southern District of Mississippi |
| Western Office |
| Wilkinson |
| David C Bramlette |
| Michael T Parker |
| Prisoner Petitions - Prison |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 39 Mail Returned as Undeliverable. (Document #36 Order) Mail sent to Mark J Allen (MGB) |
| Filing 38 Mail Returned as Undeliverable. (Document #37 Judgment) Mail sent to Mark J Allen (MGB) |
| Filing 37 JUDGMENT: That the above captioned cause be, and the same is hereby, dismissed without prejudice. Signed by Honorable David C. Bramlette, III on August 14, 2013. (EJS) |
Filing 36
ORDER ADOPTING REPORT AND RECOMMENDATIONS Signed by Honorable David C. Bramlette, III on 8/14/13 (dtj)
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| Filing 35 Mail Returned as Undeliverable containing Report and Recommendation, document #34 . Mail sent to plaintiff Mark J. Allen. (PKM) |
| Filing 34 REPORT AND RECOMMENDATIONS re: #1 Complaint filed by Mark J. Allen. Objections to R&R due by 6/20/2013. Signed by Magistrate Judge Michael T. Parker on June 6, 2013. (KM) |
| Remark: Report and Recommendations #34 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 33 NOTICE of Appearance by Edward O. Pearson on behalf of D. Scott Dodrill, James Henry, Michael K. Nalley, Unknown Samuals (Pearson, Edward) |
| Filing 32 Mail Returned as Undeliverable containing NEFs for Ore Tenus Motion and Text Only Order entered on 5/9/13. Mail sent to plaintiff Mark J. Allen. (PKM) |
| Filing 31 ANSWER to #1 Complaint,, by S. Burkhalter, Raymond Byrd, Corrections Corporation of America (C.C.A), V. Day, Jack Garner, D. Holmes, Michael K. Nalley, Leroy Pitts, J. Purnell, E. Scott, D. Spinks, James Strong, J. Williams.(Bryant, Katherine) |
| Filing 30 NOTICE of Appearance by Mitzi Dease Paige on behalf of D. Scott Dodrill, James Henry, Michael K. Nalley, Unknown Samuals (Paige, Mitzi) |
| Ore tenus MOTION for Extension of Time to File Answer by D. Scott Dodrill, James Henry, Michael K. Nalley, and Unknown Samuals. (KM) |
| Remark: NEF of Ore Tenus Motion filed 5/9/13 and Text Order entered 5/9/13 forwarded to pro se plaintiff via regular mail. (KPM) |
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TEXT ONLY ORDER granting Ore tenus Motion for Extension of Time to Answer. D. Scott Dodrill, James Henry, Michael K. Nalley, and Unknown Samuals answer due 6/17/2013. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Michael T. Parker on May 9, 2013. (KM)
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| Filing 29 Affirmative Defenses and ANSWER to #1 Complaint,, by Ronald Woodall.(Smith, Vardaman) |
| Filing 28 Mail Returned as Undeliverable containing Order to Show Cause, document #23 . Mail sent to plaintiff Mark J. Allen. (PKM) |
| Filing 27 SUMMONS Returned Executed S. Burkhalter served on 3/18/2013, answer due 4/8/2013; Raymond Byrd served on 3/18/2013, answer due 4/8/2013; Corrections Corporation of America (C.C.A) served on 3/13/2013, answer due 4/3/2013; V. Day served on 3/18/2013, answer due 4/8/2013; D. Scott Dodrill served on 3/18/2013, answer due 4/8/2013; Christopher Epps served on 3/12/2013, answer due 4/2/2013; Jack Garner served on 3/13/2013, answer due 4/3/2013; James Henry served on 3/14/2013, answer due 4/4/2013; D. Holmes served on 3/18/2013, answer due 4/8/2013; David Petrie served on 3/13/2013, answer due 4/3/2013; Leroy Pitts served on 3/18/2013, answer due 4/8/2013; J. Purnell served on 3/18/2013, answer due 4/8/2013; E. Scott served on 3/18/2013, answer due 4/8/2013; Emmit Sparkman served on 3/12/2013, answer due 4/2/2013; D. Spinks served on 3/18/2013, answer due 4/8/2013; James Strong served on 3/18/2013, answer due 4/8/2013; Victor Vines served on 3/18/2013, answer due 4/8/2013; J. Williams served on 3/18/2013, answer due 4/8/2013; Ronald Woodall served on 3/13/2013, answer due 4/3/2013. (PKM) |
| Filing 26 Summons Returned Unexecuted as to Michael K. Nalley. (PKM) |
| Filing 25 NOTICE of Appearance by Keith L. Gates on behalf of Christopher Epps, David Petrie, Emmit Sparkman (Gates, Keith) |
| Filing 24 Mail Returned as Undeliverable containing Order, document #19 . Mail sent to plaintiff Mark J. Allen. (PKM) |
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Filing 23
ORDER TO SHOW CAUSE. Show Cause Response due by 4/23/2013. Signed by Magistrate Judge Michael T. Parker on April 9, 2013. (KM)
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| Filing 22 Mail Returned as Undeliverable containing Order, document #18 . Mail sent to plaintiff Mark J. Allen (PKM) |
| Remark: Order #23 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 21 Mail Returned as Undeliverable containing Text Only Order. Mail sent to plaintiff Mark J. Allen. (PKM) |
| Filing 20 ANSWER to #1 Complaint,, by Christopher Epps, David Petrie, Emmit Sparkman.(Goodwin, Tommy) |
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Filing 19
ORDER REFERRING CASE to Magistrate Judge and defendants Mississippi Department of Corrections (MDOC) and U.S. Federal Bureau of Prisons terminated. Signed by Honorable David C. Bramlette, III on March 27, 2013.(lda)
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Filing 18
ORDER denying #7 Motion for temporary restraining order; denying #7 Motion for Preliminary Injunction. Signed by Honorable David C. Bramlette, III on March 21, 2013. (lda)
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| Remark: Text Order of 3/12/13 forwarded to pro se plaintiff via regular mail. (KPM) |
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TEXT ONLY ORDER denying #16 Motion for issuance of subpoenas and for copies of local rules for discovery purposes. No discovery is necessary or permitted at this time pending further screening. The court will address the scope and extent of appropriate discovery either by scheduling order or at an onmibus hearing once all parties are before the court. Signed by Magistrate Judge Michael T. Parker on March 12, 2013. (Parker, Michael)
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| Filing 17 Summons Issued as to All Defendants named in Order #15 . (ND) |
| Filing 16 LETTER MOTION for subpoenas and local rules by Mark J. Allen (PKM) |
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Filing 15
ORDER: Plaintiff's Response #12 , he voluntarily dismissed Jose Santana as a Defendant in this case. The Clerk is directed to edit the docket accordingly. IT IS FURTHER ORDERED that pursuant to Plaintiff's Response #12 , the Clerk of Court is directed to edit the following Defendants' names to reflect: Unknown Pitts is Leroy Pitts; Unknown Scott is E. Scott; Unknown Vines is Victor Vines; John Doe (Unit Manager at WCCF) is Michael Cavin; Unknown Day is V. Day; Unknown Williams is J. Williams, Unknown Spinks is D. Spinks; Unknown Burkhalters is S. Burkhalter; and Unknown Woodall is Ronald Woodall. Clerk directed to issue process as to named Defendants, with USMS to serve same; plaintiff, within 20 days, at time of answer, shall provide court with every civil action number or appeal number which the plaintiff has had dismissed on the grounds that it is frivolous, malicious or fails to state a claim; and that subpoenas shall not be issued except by order of the Court. Signed by Magistrate Judge Michael T. Parker on 3/8/2013 (ND)
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Filing 14
ORDER denying #9 Motion to Appoint Counsel. Signed by Magistrate Judge Michael T. Parker on 3/8/2013 (ND)
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| Filing 13 Letter from Plaintiff Mark J. Allen (PKM) |
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Filing 12
Response to Order re #6 ORDER - That on or before March 13, 2013, the Plaintiff shall file a written response to this Order. Signed by Magistrate Judge Michael T. Parker on 2/20/2013 (ND) filed by Mark J. Allen (Attachments: #1 Envelope)(PKM)
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| Filing 11 Letter from plaintiff Mark J. Allen. (PKM) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Appoint Counsel filed by Mark J. Allen (PKM) |
| Filing 9 MOTION to Appoint Counsel by Mark J. Allen (Attachments: #1 Copy of Complaint, #2 Copy of Application to Proceed)(PKM) |
| Filing 8 MEMORANDUM in Support re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mark J. Allen (PKM) |
| Filing 7 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Mark J. Allen (Attachments: #1 Affidavit (Declaration) of Plaintiff Mark J. Allen, #2 Notice of Filing Witness Declaration, #3 Affidavit (Declaration) of Lebarron Chatman, #4 Affidavit (Declaration) of Henry Lindsey, #5 Affidavit (Declaration) of Samual Collins, #6 Cover Letter and Envelope)(PKM) |
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Filing 6
ORDER - That on or before March 13, 2013, the Plaintiff shall file a written response to this Order. Signed by Magistrate Judge Michael T. Parker on 2/20/2013 (ND)
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Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis and setting payment schedule as set forth in order. Signed by Magistrate Judge Michael T. Parker on 2/20/2013 (ND)
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| Filing 4 Acknowledgment of Receipt of Prisoner Litigation Reform Act and Amendments to MCA 47-5-138 as to #3 Order Opsp2, Acknowledgement filed by Mark J. Allen. (PKM) |
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Filing 3
ORDER: The Clerk is directed to mail to prisoner plaintiff a copy of notice of new law (PSP-1); Acknowledgment of Receipt and Certification (PSP-3); and form for voluntary dismissal (PSP-4). Plaintiff is directed to sign either the Acknowledgment (PSP-3) or Notice of Voluntary Dismissal (PSP-4) and return to Clerk within 30 days of the date of this order or case may be dismissed without prejudice. Order with packet of forms mailed. Prisoner Petition Pleadings due by 3/9/2013. Signed by Magistrate Judge Michael T. Parker on 2/7/2013 (ND)
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| DOCKET ANNOTATION as to #1 and #2 : Original documents #1 and #2 were received today; clerk's office has replaced the copies received yesterday with the originals. File date of documents remains 2/6/13. (PKM) |
| Filing 2 *RESTRICTED* MOTION for Leave to Proceed In Forma Pauperis by Mark J. Allen (PKM) Modified on 2/11/2013 (PKM). |
| Filing 1 COMPLAINT against Unknown Burkhalters, Raymond Byrd, Corrections Corporation of America (C.C.A), Unknown Day, D. Scott Dodrill, Jane Doe, John Doe(Medical Administrator, SMCF), John Doe(Unit Manager, Wilkinson County Correctional Facility), Christopher Epps, Jack Garner, James Henry, D. Holmes, Mississippi Department of Corrections (MDOC), Michael K. Nalley, Unknown Nalley, David Petrie, Unknown Pitts, J. Purnell, Unknown Samuals, Jose Santana, Unknown Scott, Emmit Sparkman, Unknown Spinks, James Strong, U.S. Federal Bureau of Prisons, Unkown Vines, Unknown Williams, Unknown Woodall, filed by Mark J. Allen. (Attachments: #1 Notice of Assignment, #2 Transmittal Letter and Envelope)(PKM) Modified on 2/11/2013 (PKM). |
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