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15-437 - Downes v. Davenport et al (INMATE 1)(NO DISCOVERY DOC 60)


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15-437 - Downes v. Davenport et al (INMATE 1)(NO DISCOVERY DOC 60)
July 6, 2015
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RECOMMENDATION of the Magistrate Judge that: 1. The plaintiff's claims against the State of Alabama and the Department of Corrections be summarily dismissed pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i). 2. The State of Alabama and the Department of Corrections be dismissed as defendants in this cause of action. 3. This case, with respect to the claims set forth against the remaining defendants, be referred back to the undersigned for appropriate proceedings. Objections to R&R due by 7/21/2015. Signed by Honorable Judge Terry F. Moorer on 7/6/2015. (kh, )
July 27, 2015
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Watkins on 7/27/2015. (kh, )ORDERED as follows: 1. The 16 Recommendation is ADOPTED. 2. Mr. Downes's claims against the State of Alabama and the Department of Corrections are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). 3. The State of Alabama and the Department of Corrections are DISMISSED as Defendants. 4. The case is referred back to the Magistrate Judge for disposition or recommendation on all pretrial matters as may be appropriate pursuant to 28 U.S.C. § 636. Signed by Chief Judge William Keith
October 22, 2015
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RECOMMENDATION of the Magistrate Judge that: 1) The 3 & 4 motions for preliminary injunction filed by the plf be DENIED; 2) This case be referred back the undersigned for additional proceedings; Objections to R&R due by 11/10/2015. Signed by Honorable Judge Terry F. Moorer on 10/22/2015. (wcl, )
November 20, 2015
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ORDERED as follows: (1) Plaintiffs objection (Doc. # 80) is OVERRULED; (2) The Recommendation (Doc. # 77) is ADOPTED; (3) Plaintiffs motions for preliminary injunction (Docs. # 3,4) are DENIED; and (4) This action is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 11/20/2015. (kh, )
December 15, 2015
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ORDERED as follows: (1) Plaintiff's 87 motion for reconsideration is DENIED; and (2) Plaintiff's 86 objection to the order denying appointment of counsel is OVERRULED. Signed by Chief Judge William Keith Watkins on 12/15/2015. (kh, )
July 12, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the Recommendation of the Magistrate Judge that: 1) To the extent the plf seeks declaratory and injunctive relief for the alleged violations of his constitutional rights, the motion to dismiss filed by dfts Myers, Cargill and Lawson be DENIED; 2) With respect to the plf's request for monetary damages from dfts Myers, Cargill and Lawson, the motion to dismiss be GRANTED; 3) The claims for monetary damages against dfts Myers, Cargill and Lawson be dismissed with prejudice; 4) This case, as to all remaining claims for relief, be referred back to the undersigned for further proceedings; Objections to R&R due by 7/28/2017. Signed by Honorable Judge Terry F. Moorer on 7/12/2017. (wcl, )
September 25, 2017
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ORDER: it is ORDERED as follows: (1) The 99 Recommendation is ADOPTED; (2) To the extent Plf seeks declaratory and injunctive relief for the alleged violations of his constitutional rights, the 96 motion to dismiss filed by dfts Myers, Cargill, and Lawson is DENIED; (3) With respect to Plf's request for monetary damages from Dfts Myers, Cargill, and Lawson, the 96 motion to dismiss is GRANTED; (4) The claims for monetary damages against Dfts Myers, Cargill and Lawson are DISMISSED with prejudice; (5) This action, as to all remaining claims for relief, is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 9/25/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
January 25, 2018
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Dfts' 28 motion to dismiss under 42 USC 1997e(a) be DENIED; 2) Dfts' 28 motion for summary judgment be GRANTED; 3) Judgment be GRANTED in favor of Dfts; 4) This case be DISMISSED with prejudice; 5) The costs of this proceeding be taxed against Plf; Objections to R&R due by 2/12/2018. Signed by Honorable Judge Terry F. Moorer on 1/25/2018. (alm, )
March 28, 2018
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ORDER: it is ORDERED that: 1) The 104 Recommendation of the Magistrate Judge is ADOPTED as to all parts other than Part VI.B; 2) Dfts' 28 motion to dismiss under 42 USC 1997e(a) is DENIED; 3) Dft's 28 motion for summary judgment is DENIED as to injunctive relief on Downes's First Amendment claims related to the receipt of hardback books; 4) Dfts' 28 motion for summary judgment is GRANTED as to Downes's First Amendment claims related to his legal mail; his due process claims related to lost, delayed, or destroyed mail; his access-to-courts claim; his claim related to his receipt or religious materials, and all other claims; 5) This action, as to the remaining claim for injunctive relief, is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 3/28/2018. (alm, )