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07-142 - Hicks v. Allen et al (INMATE1)


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07-142 - Hicks v. Allen et al (INMATE1)
February 16, 2007
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ORDER granting 2 Affidavit for Leave to Proceed in forma pauperis; directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk @ Frank Lee Youth Center. Signed by Judge Charles S. Coody on 2/16/2007. (cc, )
February 22, 2007
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REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Charles Hicks, that plaintiff's claims against the Alabama Department of Corrections be dismissed prior to service of process in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i). The Alabama Department of Corrections be dismissed from this cause of action. This case, with respect to the claims lodged against the remaining defendants, be referred back to the undersigned for appropriate proceedings. Objections to R&R due by 3/7/2007. Signed by Judge Charles S. Coody on 2/22/2007. (dmn)
March 16, 2007
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ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS. Plaintiff's claims against defendant Alabama Department of Corrections are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i). Defendant Alabama Department of Corrections is DISMISSED as a defendant in this cause of action; and this case, with respect to the remaining claims against the remaining defendants is REFERRED BACK to the Magistrate Judge for appropriate proceedings. Signed by Judge Myron H. Thompson on 3/16/2007. (dmn)
August 28, 2008
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REPORT AND RECOMMENDATION that the defendants' 10 MOTION for Summary Judgment filed by John Cummings, Harold Burton, Richard Allen, and 13 MOTION for Summary Judgment filed by Prison Health Services be GRANTED to the extent the defendants seek dismissal of this case due to the plaintiff's failure to properly exhaust available administrative remedies and that this case be DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for the plaintiff's failure to exhaust administrative remedies available to him during his confinement in the Frank Lee Youth Center. Objections to R&R due by 9/10/2008. Signed by Honorable Charles S. Coody on 8/28/2008. (dmn)
September 22, 2008
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ORDER: ORDERED and ADJUDGED that the 32 REPORT AND RECOMMENDATION is adopted and that the defendants' 10 Motion for Summary Judgment and 13 Motion for Summary Judgment are granted to the extent that this case is dismissed in its entirety without prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for the plaintiff's failure to exhaust administrative remedies available to him during his confinement in the Frank Lee Youth Center. Signed by Honorable Myron H. Thompson on 9/22/2008. (dmn)
September 22, 2008
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FINAL JUDGMENT: It is ORDERED and ADJUDGED that this action is dismissed without prejudice. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. Signed by Honorable Myron H. Thompson on 9/22/2008. (Attachments: #(1) Civil Appeals Checklist)(dmn)