RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, JR. , Chief Magistrate Judge . This cause of action is before the court on a 28 U.S.C. 2241 petition for habeas corpus relief filed by Gerald A. Davis, a state inmate currently incarcerated pursuant to a 154-month sentence entered against him by the Circuit Court of Montgomery County, Alabama, on February 11, 2019, for convictions of unlawful breaking and entering a vehicle, second degree theft of property (2 counts), and third degree...
RECOMMENDATION OF THE MAGISTRATE JUDGE CHARLES S. COODY , Magistrate Judge . I. INTRODUCTION 1 This 42 U.S.C. 1983 action is pending before the court on a complaint and amendments thereto filed by Avery L. Smith, an indigent state inmate. In the instant case, Smith challenges the constitutionality of medical treatment provided to him for a cyst on his right foot during a prior term of incarceration at the Ventress Correctional Facility. The defendants remaining in this case are Corizon...
RECOMMENDATION OF THE MAGISTRATE JUDGE JERUSHA T. ADAMS , Magistrate Judge . I. INTRODUCTION 1 This 42 U.S.C. 1983 action is pending before the court on a complaint filed on January 11, 2017 by Jonathon Gladney, an indigent state inmate, challenging actions which occurred at Elmore Correctional Facility. (Doc. 1). Specifically, Gladney alleges that the defendants acted with deliberate indifference when they failed to protect him by allowing inmate Davieons Williams to enter "A-Dorm...
RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, JR. , Chief Magistrate Judge . This 42 U.S.C. 1983 action is pending before the court on a complaint filed by Willie Floyd Robinson, an indigent inmate, in which he challenges the constitutionality of conditions at the Elmore County Jail. On November 15, 2019, the court received a notice from an official at the Elmore County Jail advising that Robinson has been released from the jail, which was the last address Robinson provided for...
ORDER W. KEITH WATKINS , District Judge . Before the court is a Pro Tanto Stipulation of Dismissal (Doc. # 57), filed by Plaintiff and Defendant North Pointe Insurance Company. The stipulation is construed as a motion for an order of dismissal, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. 1 Upon consideration of the motion (Doc. # 57), it is ORDERED that the motion is GRANTED, and that Plaintiff's claims against Defendant North Pointe Insurance Company are DISMISSED...
MEMORANDUM OPINION and ORDER EMILY C. MARKS , Chief District Judge . Now pending before the Court is Defendant Tametrius Richards' unopposed motion to continue trial (doc. 17) filed on December 23, 2019. Jury selection and trial is presently set on the term of court commencing on January 6, 2020. For the reasons set forth below, the Court will grant a continuance of the trial pursuant to 18 U.S.C. 3161(h)(7). While the trial judge enjoys great discretion when determining whether to...
RECOMMENDATION OF THE MAGISTRATE JUDGE WALLACE CAPEL, JR. , Chief Magistrate Judge . This action under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), is before the court on Plaintiff Larry Morrison's amended complaint (Doc. # 21) alleging violations of his constitutional rights arising from his participation in and removal from the Residential Drug Abuse Program ("RDAP") at the Federal Prison Camp in Montgomery, Alabama ("FPC Montgomery"). The court directed Defendants to...
ORDER W. HAROLD ALBRITTON , Senior District Judge . On December 10, 2019, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 57.) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation is ADOPTED and that this case is DISMISSED without prejudice for Plaintiff's failure to file a response to Defendants' answer and written report as ordered by this court. Final judgment...
ORDER MYRON H. THOMPSON , District Judge . Defendant William Dcory Maurice Easterly moved to dismiss the indictment against him, with prejudice, because of an alleged violation of the Sixth Amendment to the United States Constitution. This case is before the court on the recommendation of the United States Magistrate Judge that Easterly's motion to dismiss be denied. Also before the court are Easterly's pro se objections to the recommendation, filed after defense counsel opted not to...
MEMORANDUM ORDER ROYCE C. LAMBERTH , District Judge . On November 18, 2019, this Court ordered Dr. Mitchell and The Heart Center Cardiology, P.C. ("THC") to pay $7,707.84 in attorneys' fees and $333.18 in expenses for a total of $8,041.02. ECF No. 87. The Court also granted Dr. Foley leave to file a subsequent fees-on-fees petition. Id. On November 22, 2019, Dr. Mitchell and THC filed a Motion to Clarify Memorandum Opinion, Correct Record, and Vacate Portion of Order Granting Leave to...
MEMORANDUM OPINION ROYCE C. LAMBERTH , District Judge . On December 3, 2019, plaintiffs filed a Motion for Leave to File Third Amended Complaint. ECF No. 231. Defendants Judicial Correction Services, Inc. ("JCS"), Correctional Healthcare Companies, Inc., CHC Companies, Inc., Branch D. Kloess, and the City of Montgomery ("the City") have filed oppositions to plaintiffs' motion. 1 ECF Nos. 235, 236, 238, 241. Upon consideration of the motion, oppositions, and partial reply (ECF No. 240),...
MEMORANDUM OPINION AND ORDER ANDREW L. BRASHER , District Judge . This matter comes before the Court on Defendant Kenworth of Montgomery, Inc.'s ("Kenworth") Motion to Compel Arbitration (Doc. 26) and Motion to Compel Intervenor Yusef Brinson's Claims to Arbitration (Doc. 52), which have been reopened pursuant to remand from the United States Court of Appeals for the Eleventh Circuit (Doc. 132), and Kenworth's Renewed Motion to Compel Plaintiff's Claims and Intervenor's Claims to...
OPINION MYRON H. THOMPSON , District Judge . Defendant Christopher Michael Conway pled guilty to Possession of a Firearm by a Convicted Felon, in violation of 18 U.S.C. 922(g)(1) & (2). The Assistant United States Attorney and the United States Probation Officer urged the application of a four-level enhancement to his sentence, pursuant to United States Sentencing Guidelines 2K2.1(b)(6)(B). Conway objected and, in addition, sought a downward variance from his calculated custody range....
MEMORANDUM OPINION AND ORDER ANDREW L. BRASHER , District Judge . This matter comes before the court on Defendants Damon Dunn and Lagunita Franchise Operations, LLC's Renewed Motion to Dismiss. (Doc. 15). Upon consideration, the motion is GRANTED. BACKGROUND There are people who love their coffee. And then there are people like Plaintiff Byron Butler. His drink of choice Hot coffee in his Dunkin' Donuts Refill Cup, with seven creams, seven sugars, seven pumps of French vanilla swirl,...
MEMORANDUM OPINION AND ORDER ANDREW L. BRASHER , District Judge . This matter comes before the Court on Plaintiff Enterprise City Board of Education's Motion for Reconsideration, (Doc. 18), and Defendants S.S. and J.S.'s Motion to Strike Conditional Affidavit of Joylee Cain, (Doc. 21). Upon consideration, the Board's motion is DENIED, and the parents' motion is DENIED as moot. BACKGROUND This case is an appeal from the determination of an Alabama State Board of Education hearing officer...
ORDER ON ARRAIGNMENT JERUSHA T. ADAMS , Magistrate Judge . On December 16, 2019 the defendant, Henry J. Still, appeared in person and in open court with counsel, Sandi Irwin, and was arraigned in accordance with the provisions of Rule 10 of the Federal Rules of Criminal Procedure. PLEA. The defendant entered a plea of NOT GUILTY. Counsel for the defendant is requested to contact the U.S. Attorney immediately if the defendant intends to engage in plea negotiations. If the...
ORDER EMILY C. MARKS , Chief District Judge . This cause is before the Court on the Defendants' Motion for Leave to Amend Answers to Original Complaint (doc. 1) and Supplemental Complaint (doc. 93), filed on December 17, 2019. (Doc. 185). Upon review of the motion, the Court agrees that it is appropriate for the Defendants to address the original complaint because the supplemental complaint included factual allegations relevant to those counts, and agrees that it would simplify matters to...
PHASE 2A OPINION AND ORDER ON A PROCESS TO IDENTIFY FUNCTIONAL SEGREGATION MYRON H. THOMPSON , District Judge . The plaintiffs have twice asked this court, as part of both the segregation remedial trial and the suicide-prevention remedial trial, to extend relief to units that allegedly function as segregation, even though the defendants do not formally label them as such. While this court explained in its liability opinion that segregation "generally refers to the correctional practice of...
MEMORANDUM OPINION AND ORDER JERUSHA T. ADAMS , Magistrate Judge . I. INTRODUCTION This 42 U.S.C. 1983 action is pending before the court on an amended complaint filed by Timothy Mims, a state inmate currently incarcerated at the Limestone Correctional Facility who is now acting pro se. After dismissal of several claims and defendants by the plaintiff, the case is now pending before this court solely on Mims' challenges to the constitutionality of medical treatment provided to him by...
MEMORANDUM OPINION AND ORDER EMILY C. MARKS , Chief District Judge . I. INTRODUCTION Pending before the Court is Defendants BSI Financial Services; Servis One Inc.; MCM Capital Partners; and Ventures Trust 2013-I-H-R's Motion for Summary Judgment. For the reasons stated below, this motion is due to be granted. II. PROCEDURAL FACTS The Plaintiffs filed their initial mortgage foreclosure Complaint against the various servicers and holders of their mortgage. The Court gave the Plaintiffs...
