RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, Jr. , Magistrate Judge . I. INTRODUCTION Christopher Chappell ("Chappell"), an Alabama prisoner, brings this action challenging the life sentence imposed in April 1984 by the Circuit Court of Montgomery County upon his guilty plea convictions for first-degree rape, first-degree burglary, and second-degree burglary. For the reasons that follow, Chappell's petition should be denied under 28 U.S.C. 2244(b)(3) and dismissed as a...
RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, Jr. , Magistrate Judge . I. INTRODUCTION Petitioner Byron Keith Cannon ("Cannon"), an Alabama inmate at Bullock Correctional Facility in Union Springs, filed this pro se petition seeking habeas corpus relief under 28 U.S.C. 2254. Doc. 1. Cannon is incarcerated on a conviction and 8-year sentence imposed by the Elmore County Circuit Court for the offense of possession of obscene matter containing a visual depiction of a person under...
RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, Jr. , Magistrate Judge . I. INTRODUCTION This cause is before the court on a pro se petition for a writ of habeas corpus under 28 U.S.C. 2254 filed by Alabama inmate Rey Francisco Rosario ("Rosario") on January 24, 2105. 1 Rosario challenges his October 2011 conviction and resulting sentence for attempted theft of property in the first degree entered by the Circuit Court of Houston County. The respondents have filed an answer (Doc....
RECOMMENDATION OF THE MAGISTRATE JUDGE CHARLES S. COODY , Magistrate Judge . This case is before the court on a pro se petition for writ of habeas corpus under 28 U.S.C. 2254 filed by state inmate Ricky L. Grice ("Grice") on November 18, 2014. In his petition, as amended, Grice challenges the constitutionality of the January 4, 2011, decision of the Alabama Board of Pardons and Paroles ("Board") setting his next parole consideration date for five years instead of three years as provided...
RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER , Magistrate Judge . I. INTRODUCTION This case is before the court on an amended 28 U.S.C. 2241 petition for writ of habeas corpus (Doc. No. 5) and supporting affidavit of claim (Doc. No. 12) filed by Elmo Antonio George ("George"), a federal inmate incarcerated at the Maxwell Federal Prison Camp. George is incarcerated on a 71-month sentence imposed upon him by the United States District Court for the Southern District of Florida...
RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, Jr. , Magistrate Judge . I. INTRODUCTION This 42 U.S.C. 1983 action is pending before the court on a complaint filed by Cleveland Berry ("Berry"), a former inmate, on July 17, 2016. 1 In this complaint, as amended, Berry challenges the constitutionality of various actions taken against him during a prior stint of incarceration at the Houston County Jail. The defendants filed a special report and supporting evidentiary materials...
ORDER MYRON H. THOMPSON , District Judge . Based on the parties' joint notice of settlement (doc. no. 11), it is ORDERED that the parties' request that all pending deadlines be stayed (doc. no. 11) is granted and that all proceedings in this case are stayed pending administrative finalization of the settlement. This case is closed administratively. CIVIL APPEALS JURISDICTION CHECKLIST 1. Appealable Orders: Courts of Appeals have jurisdiction conferred and strictly limited by...
JUDGMENT MYRON H. THOMPSON , District Judge . Pursuant to the stipulation of voluntary dismissal (doc. no. 28), it is the ORDER, JUDGMENT, and DECREE of the court that this case is dismissed in its entirety with prejudice and with all parties to bear their own costs, attorneys' fees, and expenses. 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 Federal Rules of Civil Procedure. This case is closed. CIVIL...
MEMORANDUM OPINION AND ORDER W. Keith Watkins , CHIEF UNITED STATES DISTRICT JUDGE . This case presents a constitutional challenge to Alabama Code 45-11-82, the so-called Chilton County Anti-Clustering Law. ( See Doc. # 22.) After the denial of the Rule 12(b)(6) motion to dismiss filed by Defendant Randall V. Houston ("Houston") (Doc. # 37), the Alabama legislature repealed the Anti-Clustering Law. Houston's second motion to dismiss followed hot on the repeal's trail, and is before the...
ORDER SUSAN RUSS WALKER , Chief Magistrate Judge . This case is before the court on a Central Violations Bureau ("CVB") notice 1 served on defendant Tracy, Gray, charging her with a violation of Ala. Code 32-5A-171, 2 a petty offense. The violation allegedly occurred at Fort Rucker, a U.S. Army post located mostly in Dale County, Alabama, on August 16, 2016. According to the notice, Gray was charged by Officer Howell with "speeding 31/20 mph zon[e]." Defendant failed to appear before...
ORDER SUSAN RUSS WALKER , Chief Magistrate Judge . This case is before the court on a Central Violations Bureau ("CVB") notice 1 served on defendant Julio Flores, charging him with a violation of Ala. Code 32-5A-171, 2 a petty offense. The violation allegedly occurred at Fort Rucker, a U.S. Army post located mostly in Dale County, Alabama, on September 1, 2016. According to the notice, Flores was charged by Officer Howell with "speed 33/20 mph zon[e]." Defendant failed to appear before...
MEMORANDUM OPINION CHARLES S. COODY , Magistrate Judge . The plaintiff applied for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. 1381 et seq., and disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. 401 et seq., alleging that he was unable to work because of a disability. His application was denied at the initial administrative level. The plaintiff then requested and received a hearing before an...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON , Senior District Judge . I. INTRODUCTION This cause is before the court on Defendants' Motions in Limine #'s 1, 2, 3, 4, 7, and 13, (Doc.'s # 90, 91, 92, 93, 96, and 102), seeking to exclude a variety of evidence supporting Plaintiff's claims of negligence and negligent entrustment against Defendants, Daniel Joe Moore ("Moore") and RDB Trucking, LLC ("RDB"). The court first notes that any evidence related to Moore's prior driving record 1...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON , Senior District Judge . I. INTRODUCTION This cause is before the court on the Defendants' Objections to Plaintiff's Amended Exhibit List ("Defendants' Objections") (Doc. # 107). Plaintiff, Jose A. Trinidad, filed an Exhibit List (Doc. # 70) on August 15, 2016, to which Defendants, Daniel Joe Moore and RDB Trucking, LLC, timely objected (Doc. # 88). However, due to a lack of specificity in identifying their exhibits, the court ordered the...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON , Senior District Judge . This cause is before the court on the Plaintiff's Amended Objections to Defendants' Amended Exhibit List (Doc. #168) and the Motion to Strike (Doc. #169). 1 On October 12, 2016, this court allowed the Plaintiff additional time to raise objections to specific exhibits on the Defendants' Amended Exhibit List (Doc. #163). These exhibits include the following: Defendants' Exhibits 44, 45, 46, 54, 56A-C, 57, 59, 60-90,...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON , Senior District Judge . This cause is before the court on the Plaintiff's Objections to Defendants' Amended Exhibit List (Doc. #116). Some of the Defendants' Exhibits in their Amended Exhibit List are not objected to by the Plaintiff, and will be admitted if offered at trial. They include Exhibits 1, 2, 3, 13, 14, 15, 16, 17, 18, 19, 20, 21, 25, 27, 28F, 30B, 30C, 30D, 30H, 30I, 30J, 35, 36, 38, 43, 44, 47, 48, 49, 50, 52, 96, 97, 117,...
JUDGMENT MYRON H. THOMPSON , District Judge . Pursuant to the joint stipulation of dismissal (doc. no. 94), it is the ORDER, JUDGMENT, and DECREE of the court that this cause is dismissed in its entirety with prejudice and with the parties to bear their own costs. 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 Federal Rules of Civil Procedure. This case is closed. CIVIL APPEALS JURISDICTION CHECKLIST 1....
RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER , Magistrate Judge . I. INTRODUCTION This case is before the court on a 42 U.S.C. 1983 complaint filed by Joseph Lee Lewis ("Lewis), an indigent state inmate. In the instant case, Lewis challenges the constitutionality of his thirty-day confinement in the Behavior Modification Dorm at Draper Correctional Facility as violative of due process. Lewis names Sgt. Terrance Myrick, the officer who placed him in the Behavior Modification...
ORDER W. KEITH WATKINS , Chief District Judge . On November 1, 2016, the Magistrate Judge filed a Recommendation in this case. (Doc. # 14.) Plaintiff Kendrick Cook-Bey filed objections to the recommendation on December 16, 2016. (Doc. # 21.) The recommendation is due to be ADOPTED with some elaboration. Plaintiff is a pro se inmate in the custody of the Alabama Department of Corrections. After he filed a handwritten complaint detailing the allegations he thought formed the basis of his...
OPINION AND ORDER MYRON H. THOMPSON , District Judge . The plaintiff, a state prisoner, filed a motion for preliminary injunction and a motion to compel injunctive relief challenging the sufficiency of his access to the law library and legal materials. This case is before the court on the recommendation of the United States Magistrate Judge that these motions be denied. There are no objections to the recommendation. Upon an independent and de novo review of the record, the court concludes...
