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13-485 - Lindsey v. Montgomery County Commission et al (INMATE 2)


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13-485 - Lindsey v. Montgomery County Commission et al (INMATE 2)
July 29, 2013
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RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Inmate 1983 Complaint filed by Andert Allen Lindsey, that: 1. Plaintiff's claims against the Montgomery County Commission be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(i) and (iii); 2. The Montgomery County Commission be DISMISSED as a defendant to this cause of action; and 3. This case with respect to Plaintiff's claims against the remaining defendants be referred back to the undersigned for appropriate proceedings. Objections to R&R due by 8/12/2013. Signed by Honorable Judge Susan Russ Walker on 7/29/2013. (dmn, )
August 20, 2013
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ORDER ADOPTING 6 REPORT AND RECOMMENDATION; ORDERING as follows: (1) plaintiff's claims against the Montgomery County Commission are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) and (iii); (2) the Montgomery County Commission is DISMISSED as a defendant to this action; (3) with respect to plaintiff's claims against the remaining defendants, the case is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge W. Harold Albritton, III on 8/20/13. (Attachments: # (1) civil appeals checklist)(djy, )
August 15, 2016
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(VACATED pursuant to 37 ORDER) REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) defs' 21 MOTION to Dismiss be GRANTED to the extent that Defs seek dismissal of this case due to Plf's failure to exhaust an administrative remedy available to him at the Montgomery County Detention Facility prior to initiating this cause of action; (2) This case be DISMISSED with prejudice under 42 U.S.C. 1997e(a) for Plf's failure to exhaust an administrative remedy available to him at the Montgomery County Detention Facility; (3) The complaint against Def Bailey be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); (4) no costs be taxed Objections to R&R due by 8/29/2016. Signed by Honorable Judge Susan Russ Walker on 8/15/16. (djy, ) Modified on 10/3/2016 (djy, ).
October 3, 2016
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ORDER VACATING 32 REPORT AND RECOMMENDATION of the Magistrate Judge; further ORDERING that defs shall file a response to 35 & 36 not later than Monday, 10/17/2016. Signed by Honorable Judge Susan Russ Walker on 10/3/16. (djy, )
November 1, 2016
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ORDER directing as follows: (1) setting Evidentiary Hearing concerning exhaustion of administrative remedies for 12/8/2016 @ 02:00 PM before Honorable Judge Susan Russ Walker, in Courtroom 5B, US Courthouse Complex, Montgomery, AL, as further set out in order; (2) all parties shall file a witness list at least 20 days before the evidentiary hearing, as further set out in order. Signed by Honorable Judge Susan Russ Walker on 11/1/16. Furnished to calendar group & JT.(djy, )
February 1, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Dfts' 21 motion to dismiss be GRANTED to the extent that Dfts seek dismissal of this case due to Lindsey's failure to properly exhaust an administrative remedy available to him at the Montgomery County Detention Facility prior to initiating this cause of action; 2) This case be DISMISSED with prejudice under 42 USC 1997e(a) for Lindsey's failure to properly exhaust an administrative remedy available to him at the Montgomery County Detention Facility; 3) The complaint against Dft Bailey be DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(i); 4) No costs be taxed; Objections to R&R due by 2/15/2017. Signed by Honorable Judge Susan Russ Walker on 2/1/2017. (wcl, )
March 30, 2017
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ORDER directing as follows: (1) the plf's for 46 Objection is OVERRULED; (2) adopting 45 Report and Recommendation ; (3) granting 21 Motion to Dismiss to the extent that it seeks dismissal for Plf's failure to exhaust an available administrative remedy prior to filing this action; (4) this case is DISMISSED with prejudice as to Defs Cunningham and Robinson under 42 U.S.C. 1997e(a); (5) this case is DISMISSED with prejudice as to Defendant Bailey under 28 U.S.C. 1915(e)(2)B)(i); (6) final judgment will be entered accordingly and no costs will be taxed. Signed by Honorable Judge W. Harold Albritton, III on 3/30/17. (djy, )
March 30, 2017
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FINAL JUDGMENT, in accordance with the order of the court entered on this date adopting the Recommendation of the Magistrate Judge and overruling the Plf's objection, Final Judgment is entered in favor of the Defs and against the Plf, and this case is DISMISSED with prejudice. No costs are taxed. Signed by Honorable Judge W. Harold Albritton, III on 3/30/17. (Attachments: # (1) civil appeals checklist)(djy, )