This case was last updated from PACER on 12/14/2018 at 07:35:42 (UTC).

Motley v. Richer et al (INMATE 2)

Case Summary

On 10/15/2018 Motley 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 and Myron H. Thompson. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:18-CV-00880

  • 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 Judge

Charles S. Coody

Presiding Judge

Myron H. Thompson

 

Party Details

Plaintiff

Fredrick B. Motley

Union Springs, AL 36089-5107

Defendants

Bullock Correctional Facility

Warden Richer

Warden Babers

Sgt. Clemons

A.D.O.C.

Alabama Department of Corrections

Fitzgerald Clemons

Attorney/Law Firm Details

Defendant Attorney

Bettie J. Carmack

Attorney at Alabama Attorney General's Office

501 Washington Avenue

Montgomery, AL 36130

 

Court Documents

#2

(#2) Application to Proceed Without Prepayment of Fees and Affidavit by Fredrick B. Motley. (beh, ) (Entered: 10/16/2018)

#7

(#7) Return Receipt Card showing service of complaint & order of procedure signed by Olivia Hicks for Sgt. Clemons served on 10/22/2018, answer due 11/29/2018. (djy, ) (Entered: 10/24/2018)

#5

(#5) REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) Plf'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 10/22/18. (djy, ) (Entered: 10/22/2018)

#12

(#12) OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 11/29/2018. (dmn, ) (Entered: 11/29/2018)

#13

(#13) JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. #5 ) is adopted. (2) Plaintiffs claims against defendants Alabama Department of Corrections and Bullock Correctional Facility are dismissed with prejudice, and these two defendants are terminated as parties to this proceeding. All claims against all other defendants remain pending. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 11/29/2018. (Attachments: #1 Civil Appeals Checklist)(dmn, ) (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 Fredrick B. Motley.(beh, ) Modified on 10/16/2018 to correct party name A.D.O.C to Alabama Department of Corrections (kh, ). (Entered: 10/16/2018)

#14

(#14) ORDER ON MOTION: Upon consideration of Defendants' Motion for Extension of Time, it is ORDERED that: 1. Defendants' #10 Motion for Extension of Time is GRANTED; and 2. Defendants are GRANTED an extension from 11/29/2018, to and including 1/9/2019, to file their answer and written report. Signed by Honorable Judge Charles S. Coody on 11/30/2018. (dmn, ) (Entered: 11/30/2018)

#8

(#8) Return Receipt Card showing service of complaint & order of procedure signed by Olivia Hicks for Warden Richer served on 10/22/2018, answer due 11/29/2018. (djy, ) (Entered: 10/24/2018)

#9

(#9) NOTICE of Change of Address by Fredrick B. Motley. (dmn, ) (Entered: 11/19/2018)

#11

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

13 #1

Civil Appeals Checklist

#6

(#6) Return Receipt Card showing service of complaint & order of procedure signed by Olivia Hicks for Warden Babers served on 10/22/2018, answer due 11/29/2018. (djy, ) (Entered: 10/24/2018)

#4

(#4) ORDER TO FILE SPECIAL REPORT AND ANSWER on or before November 29, 2018; copies mailed to plaintiff; mailed by CMRRR with complaint to named 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. (kh, ) (Entered: 10/18/2018)

#10

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

#3

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

4 More Documents Available

 

Docket Entries

  • 11/30/2018
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  • (#14) ORDER ON MOTION: Upon consideration of Defendants' Motion for Extension of Time, it is ORDERED that: 1. Defendants' #10 Motion for Extension of Time is GRANTED; and 2. Defendants are GRANTED an extension from 11/29/2018, to and including 1/9/2019, to file their answer and written report. Signed by Honorable Judge Charles S. Coody on 11/30/2018. (dmn, ) (Entered: 11/30/2018)

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  • 11/29/2018
  • AO FORM 85 mailed to counsel for Warden Babers, Fitzgerald Clemons, Warden Richer. (dmn, ) (NO PDF) (Entered: 11/29/2018)

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  • 11/29/2018
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  • (#13) JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. #5 ) is adopted. (2) Plaintiffs claims against defendants Alabama Department of Corrections and Bullock Correctional Facility are dismissed with prejudice, and these two defendants are terminated as parties to this proceeding. All claims against all other defendants remain pending. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 11/29/2018. (Attachments: #1 Civil Appeals Checklist)(dmn, ) (Entered: 11/29/2018)

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  • 11/29/2018
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  • (#12) OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 11/29/2018. (dmn, ) (Entered: 11/29/2018)

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

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

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  • 11/26/2018
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  • No objections to #5 report and recommendation (NO PDF document attached to this notice). (djy, ) (Entered: 11/26/2018)

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  • 11/19/2018
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  • Mail Returned as Undeliverable. #5 Recommendation of the Magistrate Judge mailed to Frederick B. Motley at Bullock Correctional Facility returned by USPS with the following notation, "Return to Sender, Attempted, Not Known, Unable to Forward, Donaldson. Also contains a new address label for Donaldson CF. Copy of #5 Recommendation mailed to Donaldson CF. (dmn, ) (NO PDF) Modified on 11/19/2018 to include #5 Recommendation as being mailed. (dmn, ) (Entered: 11/19/2018)

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  • 11/19/2018
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  • (#9) NOTICE of Change of Address by Fredrick B. Motley. (dmn, ) (Entered: 11/19/2018)

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  • 10/24/2018
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  • (#8) Return Receipt Card showing service of complaint & order of procedure signed by Olivia Hicks for Warden Richer served on 10/22/2018, answer due 11/29/2018. (djy, ) (Entered: 10/24/2018)

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  • 10/23/2018
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  • (#7) Return Receipt Card showing service of complaint & order of procedure signed by Olivia Hicks for Sgt. Clemons served on 10/22/2018, answer due 11/29/2018. (djy, ) (Entered: 10/24/2018)

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  • 10/23/2018
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  • (#6) Return Receipt Card showing service of complaint & order of procedure signed by Olivia Hicks for Warden Babers served on 10/22/2018, answer due 11/29/2018. (djy, ) (Entered: 10/24/2018)

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  • 10/22/2018
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  • (#5) REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) Plf'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 10/22/18. (djy, ) (Entered: 10/22/2018)

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  • 10/18/2018
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  • (#4) ORDER TO FILE SPECIAL REPORT AND ANSWER on or before November 29, 2018; copies mailed to plaintiff; mailed by CMRRR with complaint to named 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. (kh, ) (Entered: 10/18/2018)

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  • 10/18/2018
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  • (#3) ORDER granting #2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk @ Bullock Correctional Facility. Signed by Honorable Judge Charles S. Coody on 10/18/2018. (furn: account clerk, cashier)(kh, ) (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 Fredrick B. Motley. (beh, ) (Entered: 10/16/2018)

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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 Fredrick B. Motley.(beh, ) Modified on 10/16/2018 to correct party name A.D.O.C to Alabama Department of Corrections (kh, ). (Entered: 10/16/2018)

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