Dudley v. Corizon Medical Services et al (INMATE 2) (2:15-cv-00287), Alabama Middle District Court

Dudley v. Corizon Medical Services et al (INMATE 2)

Alabama Middle District Court
Judge:	Myron H Thompson
Referred:	Gray M Borden
Case #:	2:15-cv-00287
Nature of Suit	555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause	42:1983 Prisoner Civil Rights

Case Filed:	Apr 30, 2015
Terminated:	Aug 30, 2018

Defendant Alabama Department of Corrections
Defendant Corizon Medical Services
Defendant Lt. Tate
Defendant Nurse Long
Defendant Sgt. Calvin
Defendant Staton Correctional Facility
Interested Party Staff Attorneys
Plaintiff John Patrick Dudley

	GPO May 01 2015 ORDER directing payment of initial partial filing fee of $46.40 be paid on or before May 22, 2015; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at Staton Correctional Facility. Signed by Honorable Judge Wallace Capel, Jr on 5/1/2015. (kh, )
	GPO Jun 24 2015 ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's 6/22/2015, pleading, considered a Motion to Dismiss his complaint regarding inadequate medical care against Defendants Long and Corizon Medical Services (Doc. No. 7), be GRANTED; 2. Plaintiffs complaint against Defendants Long and Corizon Medical Services regarding allegedly inadequate medical care be DISMISSED and Defendants Long and Corizon Medical Services be DISMISSED as parties to this complaint; 3. The complaint, regarding Plaintiffs failure to protect from an inmate assault claim against the remaining defendants, be REFERRED to the undersigned for additional proceedings. In light of the foregoing, it is ORDERED that the courts 6/15/2015, order (Doc. No. 5) is WITHDRAWN. Objections to R&R due by 7/8/2015. Signed by Honorable Judge Wallace Capel, Jr. on 6/24/2015. (dmn, )
	GPO Jul 22 2015 JUDGMENT that it is ORDERED as follows: (1) the 9 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) the court construes plf's 7 Motion for leave to file and amended complaint as a motion to dismiss his claims regarding inadequate medical care against defs Corizon Medical Services and Long; (3) said 7 Motion to Dismiss is granted; (4) Plf's claims against defs Corizon Medical Services and Long are dismissed without prejudice; (5) defs Corizon Medical services and Nurse Long are dismissed without prejudice and terminated as parties, with no costs taxed; (6) all of plf's other claims remain pending; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is referred back to the US Magistrate Judge for further proceedings; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 7/22/15. (Attachments: # (1) civil appeals checklist)(djy, )
	GPO Jul 29 2015 RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's � 1983 claims against Defendants the Alabama Department of Corrections and the Staton Correctional be DISMISSED with prejudice under 28 U.S.C. � 1915(e)(2)(B)(i);2. The Alabama Department of Corrections and the Staton Correctional Facility be DISMISSED with prejudice and terminated as parties prior to service ofprocess under 28 U.S.C. � 1915(e)(2)(B)(i); 3. This case be REFERRED to the undersigned for further proceedings. Objections to R&R due by 8/12/2015. Signed by Honorable Judge Wallace Capel, Jr on 7/29/2015. (kh, )
	GPO Aug 26 2015 OPINION. Signed by Honorable Judge Myron H. Thompson on 8/26/2015. (kh, )
	GPO Aug 26 2015 JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 13 recommendation is adopted. (2) Plaintiffs claims against defendants Alabama Department of Corrections and Staton Correctional Facility are dismissed with prejudice, and defendants Alabama Department of Corrections and Staton Correctional Facility are terminated as parties to this action. (3) This case is referred back to the United States Magistrate Judge for further proceedings. 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 not closed. Signed by Honorable Judge Myron H. Thompson on 8/26/2015. (Attachments: # (1) Civil Appeals Checklist)(kh, )
	GPO Jul 13 2016 ORDER denying as moot 26 Motion for a Temporary Restraining Order; This case is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 7/13/2016. (wcl, )
	GPO Jul 17 2018 ts of this proceeding be taxed against Plf; Objections to R&R due by 7/31/2018. Signed by Honorable Judge Gray M. Borden on 7/17/2018. (alm, )RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Dfts' 21 motion for summary judgment be GRANTED; 2) Judgment be GRANTED in favor of Dfts; 3) This case be DISMISSED with prejudice; 4) The cos
	GPO Aug 30 2018 OPINION. Signed by Honorable Judge Myron H. Thompson on 8/30/2018. (alm, )
	GPO Aug 30 2018 is closed. Signed by Honorable Judge Myron H. Thompson on 8/30/2018. (Attachments: # (1) Civil Appeals Checklist)(alm, )JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: 1) The US Magistrate Judge's 34 recommendation is adopted; 2) Dfts' 21 motion for summary judgment is granted; 3) Judgment is entered in favor of dfts and against plf, with plf taking nothing by his complaint; further ORDERED that costs are taxed against plf, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case

Docket last updated: 12 hours ago

Thursday, August 30, 2018
36		36 2 pgs order Order Adopting Report and Recommendations Judgment Order on Motion for Summary Judgment Order on Report and Recommendations Thu 08/30 8:21 AM JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: 1) The US Magistrate Judge's 34 recommendation is adopted; 2) Dfts' 21 motion for summary judgment is granted; 3) Judgment is entered in favor of dfts and against plf, with plf taking nothing by his complaint; further ORDERED that costs are taxed against plf, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 8/30/2018.(alm, ) Related: [-]
		Att: 1 Civil Appeals Checklist
35		35 2 pgs order Memorandum Opinion and Order Thu 08/30 8:17 AM OPINION. Signed by Honorable Judge Myron H. Thompson on 8/30/2018. (alm, ) Related: [-]
Monday, August 06, 2018
		misc Docket Annotation Mon 08/06 8:17 AM No objections filed to the34 Recommendation. (No pdf attached to this entry) (alm, ) Related: [-]
Tuesday, July 17, 2018
34		34 motion Report and Recommendations Tue 07/17 1:59 PM RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Dfts' 21 motion for summary judgment be GRANTED; 2) Judgment be GRANTED in favor of Dfts; 3) This case be DISMISSED with prejudice; 4) The costs of this proceeding be taxed against Plf; Objections to R&R due by 7/31/2018. Signed by Honorable Judge Gray M. Borden on 7/17/2018. (alm, ) Related: [-]
Wednesday, June 20, 2018
33		33 notice Notice of Change of Address Wed 06/20 11:12 AM NOTICE of Change of Address by John Patrick Dudley. (alm, ) Related: [-]
Wednesday, January 31, 2018
32		32 misc Response to Order to Show Cause Wed 01/31 4:10 PM RESPONSE TO ORDER TO SHOW CAUSE by John Patrick Dudley re31 Order to Show Cause. (alm, ) Related: [-]
		notice Notice of Change of Address Wed 01/31 4:11 PM NOTICE of Change of Address by John Patrick Dudley. (No pdf attached to this entry - See doc32 for pdf) (alm, ) Related: [-]
Thursday, January 25, 2018
31		31 2 pgs order Order to Show Cause Thu 01/25 10:14 AM ORDER DIRECTING the Clerk to mail a copy of this order to Plf at his last known address of record; further DIRECTING the Clerk to mail a copy of this order to Plf at the Easterling Correctional Facility; ORDER TO SHOW CAUSE by Plf why this case should not be dismissed for his failures to comply with the orders of this court and to adequately prosecute this action; Show Cause Response due by 2/5/2018; Copies mailed to Plf as directed. Signed by Honorable Judge Gray M. Borden on 1/25/2018. (alm, ) Related: [-]
Friday, March 17, 2017
30		30 misc Filing Fee Received Fri 03/17 2:54 PM Partial Filing fee received: $ 49.40, receipt number 4602044621. (wcl, ) Related: [-]
Tuesday, February 28, 2017
29		29 misc Filing Fee Received Wed 03/01 1:21 PM Partial Filing fee received: $ 72.00, receipt number 4602044349. (wcl, ) Related: [-]
Thursday, July 14, 2016
28		28 order Order on Motion to Amend/Correct Thu 07/14 8:45 AM ORDERED that the motion to amend (Doc. #26 ) is DENIED. Plaintiff may, however, file a new civil complaint regarding the matters alleged in his June 30, 2016, pleading. The Clerk is DIRECTED to furnish Plaintiff with a form for use in filing a 42 U.S.C. � 1983 action along with a form for use in requesting leave to proceed in forma pauperis. Signed by Honorable Judge Gray M. Borden on 7/14/2016. (kh, ) Related: [-]
Wednesday, July 13, 2016
27		27 order Order on Motion for TRO Wed 07/13 2:57 PM ORDER denying as moot26 Motion for a Temporary Restraining Order; This case is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 7/13/2016. (wcl, ) Related: [-]
Thursday, June 30, 2016
26		26 motion Amend/Correct Temporary Restraining Order Thu 06/30 4:43 PM MOTION to Amend Complaint, MOTION for Temporary Restraining Order by John Patrick Dudley.(wcl, ) Related: [-]
		Att: 1 Text of Proposed Order
		notice Notice of Change of Address Fri 07/08 4:40 PM NOTICE of Change of Address by John Patrick Dudley. (No pdf attached to this entry - See doc26 for pdf) (wcl, ) Related: [-]
Thursday, March 31, 2016
25		25 misc Filing Fee Received Fri 04/01 7:55 AM Partial Filing fee received: $ 35.00, receipt number 4602040588 (kh, ) Related: [-]
Tuesday, March 08, 2016
24		24 misc Filing Fee Received Tue 03/08 12:30 PM Partial Filing fee received: $ 80.00, receipt number 4602040357 (kh, ) Related: [-]
Friday, October 30, 2015
		utility Case Assigned/Reassigned Fri 10/30 8:56 AM Case Reassigned to Honorable Judge Gray Michael Borden. Honorable Judge Wallace Capel, Jr no longer assigned to the case as referral judge. (no pdf document attached to this entry) (kh, ) Related: [-]
Thursday, October 08, 2015
23		23 respoth Response in Opposition Thu 10/08 4:07 PM RESPONSE in Opposition re21 Special Report to Inmate 1983 Complaint, by John Patrick Dudley. (kh, ) Related: [-]
Thursday, September 17, 2015
22		22 order Order Thu 09/17 11:18 AM ORDERED that on or before October 8, 2015, Plaintiff shall file a response to the21 written report, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 9/17/2015. (kh, ) Related: [-]
Wednesday, September 16, 2015
21		21 answer Special Report to Inmate 1983 Complaint Wed 09/16 4:38 PM Special Report to Inmate 1983 Complaint by Sgt. Calvin, Lt. Tate.(Jessip, Katherine) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Exhibit H
Thursday, September 10, 2015
20		20 order Order on Motion for Extension of Time to File Special Report & Answer Thu 09/10 11:14 AM ORDER ON MOTION that: 1. Defendants'19 Motion for Extension of Time to File Special Report & Answer is GRANTED; and 2. Defendants are GRANTED an extension from 9/9/2015, to and including 9/16/2015, to file their answer and written report. Special Report & Answer due from Sgt. Calvin on 9/16/2015; Lt. Tate on 9/16/2015. Signed by Honorable Judge Wallace Capel, Jr. on 9/10/2015. (dmn, ) Related: [-]
		utility AO FORM 85 Thu 09/10 7:25 AM AO FORM 85 mailed to counsel for Sgt. Calvin, Lt. Tate. (dmn, )(NO PDF) Related: [-]
Wednesday, September 09, 2015
19		19 motion Extension of Time to File Special Report & Answer Wed 09/09 2:45 PM MOTION for Extension of Time to File Special Report & Answer re12 Order to file special report within 40 days of the date of this order, by Sgt. Calvin, Lt. Tate. (Jessip, Katherine) Related: [-]
18		18 misc Corporate/Conflict Disclosure Statement Wed 09/09 2:43 PM Corporate/Conflict Disclosure Statement by Sgt. Calvin, Lt. Tate. (Jessip, Katherine) Related: [-]
17		17 answer Answer to Complaint Wed 09/09 2:42 PM Defendant's ANSWER to Complaint by Sgt. Calvin, Lt. Tate.(Jessip, Katherine) Related: [-]
Wednesday, August 26, 2015
16		16 order Order Adopting Report and Recommendations Order on Report and Recommendations Wed 08/26 2:29 PM JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's13 recommendation is adopted. (2) Plaintiffs claims against defendants Alabama Department of Corrections and Staton Correctional Facility are dismissed with prejudice, and defendants Alabama Department of Corrections and Staton Correctional Facility are terminated as parties to this action. (3) This case is referred back to the United States Magistrate Judge for further proceedings. 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 not closed. Signed by Honorable Judge Myron H. Thompson on 8/26/2015.(kh, ) Related: [-]
		Att: 1 Civil Appeals Checklist
15		15 2 pgs order Memorandum Opinion and Order Wed 08/26 2:13 PM OPINION. Signed by Honorable Judge Myron H. Thompson on 8/26/2015. (kh, ) Related: [-]
Tuesday, August 04, 2015
14		14 service Return Receipt Card Tue 08/04 2:25 PM Return Receipt Card showing service of Complaint and12 order signed by Lisa Merkerson for Sgt. Calvin served on 7/31/2015, answer due 9/9/2015; Lt. Tate served on 7/31/2015, answer due 9/9/2015. (kh, ) Related: [-]
Wednesday, July 29, 2015
13		13 motion Report and Recommendations Wed 07/29 2:29 PM RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's � 1983 claims against Defendants the Alabama Department of Corrections and the Staton Correctional be DISMISSED with prejudice under 28 U.S.C. � 1915(e)(2)(B)(i);2. The Alabama Department of Corrections and the Staton Correctional Facility be DISMISSED with prejudice and terminated as parties prior to service ofprocess under 28 U.S.C. � 1915(e)(2)(B)(i); 3. This case be REFERRED to the undersigned for further proceedings. Objections to R&R due by 8/12/2015. Signed by Honorable Judge Wallace Capel, Jr on 7/29/2015. (kh, ) Related: [-]
12		12 order Order to File Special Report Wed 07/29 12:20 PM ORDER TO FILE SPECIAL REPORT and ANSWER on or before September 9, 2015; copies mailed to plaintiff; mailed by CMRRR with complaint to named defendants Tate and Calvin, to General Counsel for the ADOC, and to the Attorney General for the State of AL. Signed by Honorable Judge Wallace Capel, Jr on 7/29/2015. (kh, ) Related: [-]
Thursday, July 23, 2015
11		11 misc Filing Fee Received Fri 07/24 8:12 AM Received partial Filing fee: $ 40.00, receipt number 4602037702 (djy, ) Related: [-]
Wednesday, July 22, 2015
10		10 order Judgment Order Adopting Report and Recommendations Order on Motion to Amend/Correct Order on Motion to Dismiss Order on Report and Recommendations Wed 07/22 11:35 AM JUDGMENT that it is ORDERED as follows: (1) the9 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) the court construes plf's7 Motion for leave to file and amended complaint as a motion to dismiss his claims regarding inadequate medical care against defs Corizon Medical Services and Long; (3) said7 Motion to Dismiss is granted; (4) Plf's claims against defs Corizon Medical Services and Long are dismissed without prejudice; (5) defs Corizon Medical services and Nurse Long are dismissed without prejudice and terminated as parties, with no costs taxed; (6) all of plf's other claims remain pending; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is referred back to the US Magistrate Judge for further proceedings; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 7/22/15.(djy, ) Related: [-]
		Att: 1 civil appeals checklist
Tuesday, July 14, 2015
		misc Docket Annotation Tue 07/14 4:45 PM NO OBJECTIONS filed to9 Recommendation. (dmn, ) (NO PDF) Related: [-]
Wednesday, June 24, 2015
9		9 motion Report and Recommendations Order Wed 06/24 2:33 PM ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's 6/22/2015, pleading, considered a Motion to Dismiss his complaint regarding inadequate medical care against Defendants Long and Corizon Medical Services (Doc. No.7 ), be GRANTED; 2. Plaintiffs complaint against Defendants Long and Corizon Medical Services regarding allegedly inadequate medical care be DISMISSED and Defendants Long and Corizon Medical Services be DISMISSED as parties to this complaint; 3. The complaint, regarding Plaintiffs failure to protect from an inmate assault claim against the remaining defendants, be REFERRED to the undersigned for additional proceedings. In light of the foregoing, it is ORDERED that the courts 6/15/2015, order (Doc. No.5 ) is WITHDRAWN. Objections to R&R due by 7/8/2015. Signed by Honorable Judge Wallace Capel, Jr. on 6/24/2015. (dmn, ) Related: [-]
8		8 order Order on Motion to Appoint Counsel Wed 06/24 2:25 PM ORDER ON MOTION that Plaintiff's6 Motion for Appointment of Counsel is DENIED as further set out in the order. Signed by Honorable Judge Wallace Capel, Jr. on 6/24/2015. (dmn, ) Related: [-]
Monday, June 22, 2015
7		7 motion Amend/Correct Mon 06/22 4:24 PM MOTION for Leave to Amend1 Inmate 1983 Complaint by John Patrick Dudley. (dmn, ) Related: [-]
6		6 motion Appoint Counsel Mon 06/22 4:24 PM MOTION for Appointment of Counsel by John Patrick Dudley. (dmn, ) Related: [-]
		motion Dismiss Wed 06/24 2:27 PM MOTION to Dismiss Complaint regarding inadequate medical care against Defendants Long and Corizon Medical Services by John Patrick Dudley. (dmn, ) (NO PDF attached, see Doc.7 for pdf.) Related: [-]
Monday, June 15, 2015
5		5 order Order Mon 06/15 2:32 PM ORDERED that on or before June 29, 2015, Plaintiff shall file an amended complaint, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 6/15/2015. (kh, ) Related: [-]
Thursday, June 11, 2015
4		4 misc Filing Fee Received Fri 06/12 1:27 PM Initial Filing fee: $ 73.60, receipt number 4602037172 (dmn, ) Related: [-]
Friday, May 01, 2015
3		3 order Order Directing Prisoner Payment Fri 05/01 4:27 PM ORDER directing payment of initial partial filing fee of $46.40 be paid on or before May 22, 2015; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at Staton Correctional Facility. Signed by Honorable Judge Wallace Capel, Jr on 5/1/2015. (kh, ) Related: [-]
Thursday, April 30, 2015
2		2 motion Application to Proceed Without Prepayment of Fees and Affidavit Fri 05/01 8:30 AM Application to Proceed Without Prepayment of Fees and Affidavit by John Patrick Dudley. (ajw, Amanda) Related: [-]
1		1 cmp Inmate 1983 Complaint Fri 05/01 8:28 AM Inmate 1983 COMPLAINT against Alabama Department of Corrections, Sgt. Calvin, Corizon Medical Services, Nurse Long, Staton Correctional Facility, Lt. Tate, filed by John Patrick Dudley.(ajw, Amanda) Related: [-]
		Att: 1 Exhibit A

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