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06-548 - Fountain v. Peasant et al (INMATE2)


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06-548 - Fountain v. Peasant et al (INMATE2)
June 28, 2006
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REPORT AND RECOMMENDATIONS re 1 MOTION for Preliminary Injunction filed by Tony Fountain, it is the Recommendation of the Mag Judge that: 1) Plaintiff's motion for preliminary injunction 1 be denied; and 2) This case be referred back to the undersigned for further proceedings; Objections to R&R due by 7/11/2006. Signed by Judge Susan Russ Walker on 6/28/06. (vma, )
August 2, 2006
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ORDER that on or before 8/10/06 the plaintiff shall forward to the Clerk of this Court the $350.00 filing fee; Filing Fee due by 8/10/2006 granting 2 Application to Proceed Without Prepayment of Fees and Affidavit filed by Tony Fountain,, 5 Application to Proceed Without Prepayment of Fees and Affidavit filed by Tony Fountain as further set out in order. (furn: cashier) Signed by Judge Susan Russ Walker on 8/2/06. (vma, )
August 4, 2006
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ORDER as follows: 1) Plaintiff's objections 8 are overruled; ADOPTING 6 Report and Recommendations; 3) denying re MOTION for Preliminary Injunction filed by Tony Fountain; It is further Ordered that this cause is referred back to the mag judge for further appropriate proceedings. Signed by Judge Myron H. Thompson on 8/4/06. (Attachments: # (1) appeals checklist)(vma, )
August 16, 2006
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ORDER as follows: 1) Plaintiff's objections 16 are overruled; 2) ADOPTING 14 Report and Recommendations; 3) granting 10 MOTION to Dismiss filed by Tony Fountain, and defendant State of Alabama, along with the claims against it, is dismissed; 4) All remaining aspects of this case are referred back to the magistrate judge for further appropriate proceedings . Signed by Judge Myron H. Thompson on 8/16/06. (Attachments: # (1) appeals checklist)(vma, )
August 21, 2006
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REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Tony Fountain, it is the Recommendation of the Mag Judge that: 1) Plaintiff's claims against the ADOC be dismissed with prejudice prior to service of process pursuant to the provisions of 28 USC 1915(e)(B)(i); 2) The ADOC be dismissed as a party to this coplaint; 3) This case with respect to the remaining dfts be referred back to the undersigned for additional proceedings; Objections to R&R due by 8/30/2006. Signed by Judge Delores R. Boyd on 8/21/06. (vma, )
September 12, 2006
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ORDER as follows: 1) Plaintiff's objections 28 are overruled; 2) ADOPTING 27 Report and Recommendations; 3) All claims against dft Alabama Dept of Corrections are dismissed prior to service of process pursuant to 28 USCA 1915(e)(2)(B)(i), and dft Alabama Dept of Corrections is dismissed as a party; It is further Ordered that this cause is referred back to the US Mag Judge for further appropriate proceedings. Signed by Judge Myron H. Thompson on 9/12/06. (vma, )
October 11, 2006
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ORDER denying 34 Motion for leave to Amend Complaint as further set out in order . Signed by Judge Delores R. Boyd on 10/11/06. (vma, )
May 13, 2008
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REPORT AND RECOMMENDATIONS it is the Recommendation of the Mag Judge that: 1) Motion for Summary Judgment filed by Leon Forniss and MOTION for Summary Judgment filed by Dr. Peasant be granted; 2) Judgment be entered in favor of Defendants and against Plaintiff; 3) This case be dismissed with prejudice; and 4) Costs be taxed against Plaintiff for which execution may issue; It is ordered that Plaintiff's motion to amend complaint to amend the relief sought to include a request for damages (doc. no. 34) is granted nunc pro tunc. Objections to R&R due by 5/30/2008. Signed by Honorable Terry F. Moorer on 5/13/08. (vma, )
July 1, 2008
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OPINION. Signed by Honorable Myron H. Thompson on 7/1/08. (Attachments: # (1) appeals checklists)(vma, )
July 1, 2008
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JUDGMENT it is the Order, Judgment and Decree of the court as follows: 1) The plaintiff's objections (doc. no. 66 are overruled; Adopting 65 REPORT AND RECOMMENDATIONS; re 36, 41 MOTIONS for Summary Judgment filed by Leon Forniss, MOTION for Summary Judgment filed by Dr. Peasant are granted; Judgment is entered in favor of defendants and against plaintiff, with plaintiff taking nothing by his complaint; It is further Ordered that costs are taxed agaisnt plaintiff, for which execution may issue; The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Myron H. Thompson on 7/1/08. (Attachments: # (1) appeals checklist)(vma, )