This case was last updated from PACER on 12/14/2018 at 07:47:11 (UTC).

Duff v. Richer et al (INMATE 2)

Case Summary

On 10/15/2018 Duff filed a Prisoner - Prison Condition lawsuit against Richer INMATE 2. This case was filed in U.S. District Courts, Alabama Middle District. The Judges overseeing this case are Charles S. Coody, W. Harold Albritton, III, Emily C. Marks and Gray M. Borden. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:18-CV-00883

  • Filing Date:

    10/15/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Court:

    U.S. District Courts

  • Courthouse:

    Alabama Middle District

Judge Details

Referral Judges

Charles S. Coody

Gray M. Borden

Presiding Judges

W. Harold Albritton, III

Emily C. Marks

 

Party Details

Plaintiff

Eric Duff

Union Springs, AL 36089-5107

Defendants

Alabama Department of Corrections

Bullock Correctional Facility

Warden Richer

Warden Babers

Sgt. Clemons

Fitzgerald Clemons

Attorney/Law Firm Details

Defendant Attorney

Benjamin Howard Albritton

Attorney at Alabama Attorney General's Office

501 Washington Avenue

Montgomery, AL 36130

 

Court Documents

#9

(#9) First MOTION for Extension of Time to File Special Report & Answer by Warden Babers, Fitzgerald Clemons, Warden Richer. (Albritton, Benjamin) (Entered: 11/29/2018)

#14

(#14) ORDER ON MOTION (1) granting #9 Motion for Extension of Time ; and (2) defs are GRANTED an extension from 11/29/2018, to and including 1/10/2019, to file their answer and written report. Signed by Honorable Judge Charles S. Coody on 11/30/18. (djy, ) (Entered: 11/30/2018)

13 #1

standing order & format

#13

(#13) (STRICKEN as docketing error-disclosure previously filed by counsel) Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Warden Richer, Warden Babers, & Fitzgerald Clemons; Corporate Disclosures due by 12/10/2018. (Attachments: #1 standing order & format)(djy, ) Modified on 11/30/2018 (djy, ). (Entered: 11/30/2018)

#12

(#12) Case reassigned to Honorable Judge Emily C. Marks. Honorable Judge W. Harold Albritton, III no longer assigned to the case as presiding judge. (djy, ) (Entered: 11/30/2018)

11 #1

civil appeals checklist

#5

(#5) RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's 1983 claims against Defendants the Alabama Department of Corrections and the Bullock Correctional be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); 2. The Alabama Department of Corrections and the Bullock Correctional Facility be DISMISSED with prejudice and terminated as parties prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i); 3. This case be REFERRED to the undersigned for further proceedings. Objections to R&R due by 11/5/2018. Signed by Honorable Judge Charles S. Coody on 10/22/2018. (dmn, ) (Entered: 10/22/2018)

#11

(#11) ORDER ADOPTING #5 REPORT AND RECOMMENDATION of the Magistrate Judge; ORDERING that: (1) Plf's 1983 claims against Defs the Alabama Department of Corrections and the Bullock Correctional are DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i); (2) defs Alabama Department of Corrections and the Bullock County Correctional Facility are TERMINATED as parties to this complaint; directing the clerk to enter this document on the civil docket as a final judgment as to Defs Alabama Department of Corrections and the Bullock Correctional Facility pursuant to Rule 58 of the FRCP; this case is not closed and is referred to the US Magistrate Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 11/29/18. (Attachments: #1 civil appeals checklist)(djy, ) (Entered: 11/29/2018)

#10

(#10) Corporate/Conflict Disclosure Statement by Warden Babers, Fitzgerald Clemons, Warden Richer. (Albritton, Benjamin) (Entered: 11/29/2018)

#1

(#1) Inmate 1983 COMPLAINT against Alabama Department of Corrections, Warden Babers, Bullock Correctional Facility, Sgt. Clemons, Warden Richer, filed by Eric Duff. (Attachments: #1 Statement and Affidavit, #2 Affidavit, #3 Affidavit)(es, ) (Entered: 10/17/2018)

#8

(#8) Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Sgt. Clemons served on 10/22/2018, answer due 11/29/2018. (kh, ) (Entered: 10/25/2018)

#4

(#4) ORDER TO FILE SPECIAL REPORT on or before 11/29/2018 as further set out in the order; copies mailed to plaintiff; mailed by CMRRR with a copy of the complaint and any attachments to this pleading to Defendants Richer, Babers, and Clemons, to General Counsel for the Alabama Department of Corrections, and to the Attorney General for the State of Alabama. Signed by Honorable Judge Charles S. Coody on 10/18/2018. (dmn, ) (Entered: 10/18/2018)

1 #1

Statement and Affidavit

1 #3

Affidavit

1 #2

Affidavit

#7

(#7) Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Warden II Babers served on 10/22/2018, answer due 11/29/2018. (dmn, ) (Entered: 10/23/2018)

#6

(#6) Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Warden Richer served on 10/22/2018, answer due 11/29/2018. (dmn, ) (Entered: 10/23/2018)

#2

(#2) Application to Proceed Without Prepayment of Fees and Affidavit by Eric Duff. (es, ) (Entered: 10/17/2018)

10 More Documents Available

 

Docket Entries

  • 12/03/2018
  • Case reassigned to Honorable Judge Gray M. Borden. Honorable Judge Charles S. Coody no longer assigned to the case as referral judge (NO PDF document attached to this notice). (djy, ) (Entered: 12/03/2018)

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  • 11/30/2018
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  • (#14) ORDER ON MOTION (1) granting #9 Motion for Extension of Time ; and (2) defs are GRANTED an extension from 11/29/2018, to and including 1/10/2019, to file their answer and written report. Signed by Honorable Judge Charles S. Coody on 11/30/18. (djy, ) (Entered: 11/30/2018)

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  • 11/30/2018
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  • (#13) (STRICKEN as docketing error-disclosure previously filed by counsel) Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Warden Richer, Warden Babers, & Fitzgerald Clemons; Corporate Disclosures due by 12/10/2018. (Attachments: #1 standing order & format)(djy, ) Modified on 11/30/2018 (djy, ). (Entered: 11/30/2018)

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  • 11/30/2018
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  • (#12) Case reassigned to Honorable Judge Emily C. Marks. Honorable Judge W. Harold Albritton, III no longer assigned to the case as presiding judge. (djy, ) (Entered: 11/30/2018)

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  • 11/29/2018
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  • (#11) ORDER ADOPTING #5 REPORT AND RECOMMENDATION of the Magistrate Judge; ORDERING that: (1) Plf's 1983 claims against Defs the Alabama Department of Corrections and the Bullock Correctional are DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i); (2) defs Alabama Department of Corrections and the Bullock County Correctional Facility are TERMINATED as parties to this complaint; directing the clerk to enter this document on the civil docket as a final judgment as to Defs Alabama Department of Corrections and the Bullock Correctional Facility pursuant to Rule 58 of the FRCP; this case is not closed and is referred to the US Magistrate Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 11/29/18. (Attachments: #1 civil appeals checklist)(djy, ) (Entered: 11/29/2018)

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  • 11/29/2018
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  • (#10) Corporate/Conflict Disclosure Statement by Warden Babers, Fitzgerald Clemons, Warden Richer. (Albritton, Benjamin) (Entered: 11/29/2018)

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  • 11/29/2018
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  • (#9) First MOTION for Extension of Time to File Special Report & Answer by Warden Babers, Fitzgerald Clemons, Warden Richer. (Albritton, Benjamin) (Entered: 11/29/2018)

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  • 10/24/2018
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  • (#8) Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Sgt. Clemons served on 10/22/2018, answer due 11/29/2018. (kh, ) (Entered: 10/25/2018)

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  • 10/23/2018
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  • (#7) Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Warden II Babers served on 10/22/2018, answer due 11/29/2018. (dmn, ) (Entered: 10/23/2018)

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  • 10/23/2018
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  • (#6) Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Warden Richer served on 10/22/2018, answer due 11/29/2018. (dmn, ) (Entered: 10/23/2018)

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  • 10/22/2018
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  • (#5) RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's 1983 claims against Defendants the Alabama Department of Corrections and the Bullock Correctional be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); 2. The Alabama Department of Corrections and the Bullock Correctional Facility be DISMISSED with prejudice and terminated as parties prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i); 3. This case be REFERRED to the undersigned for further proceedings. Objections to R&R due by 11/5/2018. Signed by Honorable Judge Charles S. Coody on 10/22/2018. (dmn, ) (Entered: 10/22/2018)

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  • 10/18/2018
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  • (#4) ORDER TO FILE SPECIAL REPORT on or before 11/29/2018 as further set out in the order; copies mailed to plaintiff; mailed by CMRRR with a copy of the complaint and any attachments to this pleading to Defendants Richer, Babers, and Clemons, to General Counsel for the Alabama Department of Corrections, and to the Attorney General for the State of Alabama. Signed by Honorable Judge Charles S. Coody on 10/18/2018. (dmn, ) (Entered: 10/18/2018)

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  • 10/18/2018
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  • (#3) ORDER ON MOTION directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting #2 Motion for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at Bullock Correctional Facility. Signed by Honorable Judge Charles S. Coody on 10/18/2018. (dmn, ) (Entered: 10/18/2018)

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  • 10/15/2018
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  • (#2) Application to Proceed Without Prepayment of Fees and Affidavit by Eric Duff. (es, ) (Entered: 10/17/2018)

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  • 10/15/2018
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  • (#1) Inmate 1983 COMPLAINT against Alabama Department of Corrections, Warden Babers, Bullock Correctional Facility, Sgt. Clemons, Warden Richer, filed by Eric Duff. (Attachments: #1 Statement and Affidavit, #2 Affidavit, #3 Affidavit)(es, ) (Entered: 10/17/2018)

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