Yeager v. Binford et al (INMATE 2) (1:18-cv-00526), Alabama Middle District Court

Yeager v. Binford et al (INMATE 2)

Alabama Middle District Court
Judge:	William Keith Watkins
Referred:	Susan Russ Walker
Case #:	1:18-cv-00526
Nature of Suit	555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause	42:1983 Prisoner Civil Rights

Case Filed:	May 23, 2018
Terminated:	Feb 14, 2019

Defendant Billy Helms
Defendant David Money
Defendant Douglas Valeska
Defendant Henry Binford
Defendant Jackie Culpepper
Defendant Joe Carroll
Defendant Karen Scott
Defendant Larry Doster
Defendant Mark Culver
Defendant Mark Saliba
Defendant Patrick Jones
Defendant Randy Helms
Interested Party Staff Attorneys
Plaintiff Richard Allen Yeager

	GPO Jun 08 2018 RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's motion to certify case as a class action (Doc. 4) be DENIED; and 2. This case be referred to the undersigned for further proceedings. Objections to R&R due by 6/22/2018. Signed by Honorable Judge Susan Russ Walker on 6/8/2018. (kh, )
	GPO Jun 29 2018 tkins on 6/29/2018. (kh, )ORDER : On June 8, 2018, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 6.) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation is ADOPTED. Accordingly, it is ORDERED that Plaintiff's motion for class certification (Doc. # 4) is DENIED and that this case is referred back to the Magistrate Judge for additional proceedings. Signed by Chief Judge William Keith Wa
	GPO Oct 10 2018 6. This case be DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(iiii). Objections to R&R due by 10/24/2018. Signed by Honorable Judge Susan Russ Walker on 10/10/2018. (dmn, )RECOMMENDATION OF MAGISTRATE JUDGE: It is the RECOMMENDATION of the Magistrate Judge that: 1. Plaintiffs claims challenging events which occurred in March of 2016 be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) because Plaintiff failed to file this action within the time prescribed by the applicable statute of limitations; 2. Plaintiffs complaint against Defendant Binford be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) & (iii); 3. Plaintiffs complaint for damages against Defendants Valeska and Jones beDISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(iii); 4. Plaintiffs conspiracy claim against Defendants be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii); 5. Plaintiffs challenges to the constitutionality of his probation revocation in November 2017 and the resulting sentence on which he is presently incarcerated be DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as these claims are not properly before the court at this time;
	GPO Feb 14 2019 MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: (1) Plaintiff's objections (Doc. # 13) are OVERRULED; (2) The Recommendation (Doc. # 10) is ADOPTED as modified herein;(3) Plaintiff's action against Circuit Judge Henry Binford is DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) & (iii);(4) Plaintiff's claims for damages against Douglas Valeska and Patrick Jones are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(iii);(5) Plaintiff's conspiracy claims against Defendants are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii); and (6) Plaintiff's claims challenging his probation revocation and the resulting sentence on which he is presently incarcerated are DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as these claims are not properly before the court at this time.A separate Final Judgment will be entered. Signed by Honorable Judge Susan Russ Walker on 2/14/2019. (kh, )

Docket last updated: 6 hours ago

Monday, August 19, 2019
21		21 2 pgs order Order on Motion to Dismiss Mon 08/19 1:41 PM ORDER denying 20 Motion to Dismiss, as further set out in order. Signed by Honorable Judge William Keith Watkins on 8/19/2019. (wcl, ) Related: [-]
Monday, August 05, 2019
20		20 motion Dismiss Tue 08/06 9:17 AM MOTION to Dismiss by Richard Allen Yeager. (kh, ) Related: [-]
Monday, July 22, 2019
19		19 5 pgs order Order on Motion for Extension of Deadline Mon 07/22 3:30 PM ORDER: the 16 Motion to Set Aside/Vacate Court's Final Judgment Order is construed as a motion to reopen the time to appeal under Rule 4(a)(6) of the Federal Rules of Appellate Procedure; it is ORDERED as follows: (1) Yeager's pro se 16 motion to reopen the time to appeal under Rule 4(a)(6) of the Federal Rules of Appellate Procedure is GRANTED; (2) The time for Yeager to file a notice of appeal is reopened to and including 8/5/2019; and (3) The Clerk of the Court is DIRECTED to include copies of the 14 Memorandum Opinion and Order adopting the Report and Recommendation and the 15 Final Judgment in the same mailing with this Order. Signed by Honorable Judge William Keith Watkins on 7/22/2019. (Copies mailed as directed) (wcl, ) Related: [-]
Thursday, June 27, 2019
18		18 misc Response to Order Thu 06/27 9:50 AM Response to Order re17 Order,,, by Carrie Ellis McCollum.(McCollum, Carrie) Related: [-]
		Att: 1 Exhibit
Thursday, June 13, 2019
17		17 4 pgs order Order Thu 06/13 1:24 PM ORDER: it is ORDERED that, on or before 7/1/2019: (1) General Counsel for the Alabama Department of Corrections shall contact appropriate officials at the Easterling Correctional Facility to determine if mail logs for incoming inmate legal mail for February 2019 and March 2019 at the Easterling Correctional Facility are available for submission to this court; and (2) General Counsel for the Alabama Department of Corrections shall file a notice with the court advising of the results of the inquiry in paragraph (1) above; The notice should include copies of the legal mail logs as described herein if those logs are available; copy mailed to ALDOC General Counsel as directed. Signed by Honorable Judge William Keith Watkins on 6/13/2019. (wcl, ) Related: [-]
Monday, June 10, 2019
16		16 motion Set Aside Judgment Mon 06/10 3:32 PM MOTION to Set Aside/Vacate Court's15 Final Judgment Order by Richard Allen Yeager. (wcl, ) Related: [-]
		motion Extension of Deadline Mon 07/22 3:27 PM MOTION to Reopen the Time to Appeal under Rule 4(a)(6) of the Federal Rules of Appellate Procedure by Richard Allen Yeager, as construed in the court's19 Order. (No pdf attached to this entry - See doc16 for pdf) (wcl, ) Related: [-]
Thursday, February 14, 2019
15		15 order Judgment Thu 02/14 2:33 PM FINAL JUDGMENT: In accordance with the prior proceedings and orders, it is the ORDER, JUDGMENT, and DECREE of the court that judgment is ENTERED in favor of Defendants and against Plaintiff and that Plaintiffs claims are dismissed with prejudice, except for Plaintiff's federal-law claims challenging his probation revocation and sentence of incarceration, which are DISMISSED without prejudice. 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. Signed by Honorable Judge William Keith Watkins on 2/14/2019.(kh, ) Related: [-]
		Att: 1 Civil Appeals Checklist
14		14 9 pgs order Order Adopting Report and Recommendations Order on Report and Recommendations Thu 02/14 2:30 PM MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: (1) Plaintiff's objections (Doc. # 13 ) are OVERRULED; (2) The Recommendation (Doc. # 10 ) is ADOPTED as modified herein;(3) Plaintiff's action against Circuit Judge Henry Binford is DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) & (iii);(4) Plaintiff's claims for damages against Douglas Valeska and Patrick Jones are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(iii);(5) Plaintiff's conspiracy claims against Defendants are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii); and (6) Plaintiff's claims challenging his probation revocation and the resulting sentence on which he is presently incarcerated are DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as these claims are not properly before the court at this time.A separate Final Judgment will be entered. Signed by Honorable Judge Susan Russ Walker on 2/14/2019. (kh, ) Related: [-]
Tuesday, November 13, 2018
13		13 respoth Objection to Report and Recommendations Wed 11/14 4:48 PM OBJECTION to10 Report and Recommendations by Richard Allen Yeager.(dmn, ) Related: [-]
		Att: 1 Affidavit
Tuesday, October 30, 2018
12		12 2 pgs order Order ~Util - Terminate Motions ~Util - Set Deadlines Tue 10/30 11:16 AM ORDERED that: 1. Plaintiff's Motion for Extension of Time (Doc. 11 ) is GRANTED; and 2. Plaintiff is GRANTED an extension from October 24, 2018, to and including November 7, 2018, to file his objections. Signed by Honorable Judge Susan Russ Walker on 10/30/2018. (kh, ) Related: [-]
Monday, October 29, 2018
11		11 motion Extension of Deadline Tue 10/30 9:33 AM MOTION for Additional Time to Response to The Magistrate Judge Recommendation by Richard Allen Yeager. (kh, ) Related: [-]
Wednesday, October 10, 2018
10		10 motion Report and Recommendations Wed 10/10 3:52 PM RECOMMENDATION OF MAGISTRATE JUDGE: It is the RECOMMENDATION of the Magistrate Judge that: 1. Plaintiffs claims challenging events which occurred in March of 2016 be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) because Plaintiff failed to file this action within the time prescribed by the applicable statute of limitations; 2. Plaintiffs complaint against Defendant Binford be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) & (iii); 3. Plaintiffs complaint for damages against Defendants Valeska and Jones beDISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(iii); 4. Plaintiffs conspiracy claim against Defendants be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii); 5. Plaintiffs challenges to the constitutionality of his probation revocation in November 2017 and the resulting sentence on which he is presently incarcerated be DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as these claims are not properly before the court at this time; 6. This case be DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(iiii). Objections to R&R due by 10/24/2018. Signed by Honorable Judge Susan Russ Walker on 10/10/2018. (dmn, ) Related: [-]
Monday, July 09, 2018
9		9 2 pgs order Order Mon 07/09 2:55 PM ORDER: Upon consideration of Plaintiff's objections and a de novo review of those portions of the Recommendation to which Plaintiff objects, it is ORDERED that the objections (Doc. # 8 ) are OVERRULED. As correctly explained in the Recommendation, as a pro se litigant unschooled in the law, Plaintiff is not equipped to adequately protect and represent the legal interests of the veterans and military service members who would comprise the proposed class, and all relevant considerations weigh in favor of denying the motion for class certification. Signed by Chief Judge William Keith Watkins on 7/9/2018. (kh, ) Related: [-]
Monday, July 02, 2018
8		8 respoth Objection to Report and Recommendations Mon 07/02 3:23 PM OBJECTION to6 Report and Recommendations by Richard Allen Yeager. (kh, ) Related: [-]
Friday, June 29, 2018
7		7 1 pgs order Order Adopting Report and Recommendations Order on Motion to Certify Class Order on Report and Recommendations Fri 06/29 3:00 PM ORDER : On June 8, 2018, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 6 .) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation is ADOPTED. Accordingly, it is ORDERED that Plaintiff's motion for class certification (Doc. # 4 ) is DENIED and that this case is referred back to the Magistrate Judge for additional proceedings. Signed by Chief Judge William Keith Watkins on 6/29/2018. (kh, ) Related: [-]
		misc Docket Annotation Fri 06/29 11:08 AM No objections filed to the6 Recommendation. (No pdf document attached to this entry) (kh, ) Related: [-]
Friday, June 08, 2018
6		6 motion Report and Recommendations Fri 06/08 11:24 AM RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiff's motion to certify case as a class action (Doc. 4 ) be DENIED; and 2. This case be referred to the undersigned for further proceedings. Objections to R&R due by 6/22/2018. Signed by Honorable Judge Susan Russ Walker on 6/8/2018. (kh, ) Related: [-]
Friday, June 01, 2018
5		5 misc Filing Fee Received Wed 06/06 10:06 AM Filing fee received: $ 350.00, receipt number 4602049546 (kh, ) Related: [-]
4		4 motion Certify Class Mon 06/04 4:08 PM MOTION FOR CERTIFICATE ORDER by Richard Allen Yeager. (kh, ) Related: [-]
Friday, May 25, 2018
3		3 4 pgs order Order Directing Prisoner Payment Fri 05/25 9:02 AM ORDER directing payment of initial partial filing fee of $25.00 be paid on or before on or before June 11, 2018; 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 @ Easterling Correctional Facility. Signed by Honorable Judge Susan Russ Walker on 5/25/2018. (kh, ) Related: [-]
Wednesday, May 23, 2018
2		2 motion Application to Proceed Without Prepayment of Fees and Affidavit Thu 05/24 5:01 PM Application to Proceed Without Prepayment of Fees and Affidavit by Richard Allen Yeager. (es, ) Related: [-]
1		1 cmp Inmate 1983 Complaint Thu 05/24 4:59 PM Inmate 1983 COMPLAINT against Henry Binford, Joe Carroll, Jackie Culpepper, Mark Culver, Larry Doster, Billy Helms, Randy Helms, Patrick Jones, David Money, Mark Saliba, Karen Scott, Douglas Valeska, filed by Richard Allen Yeager.(es, ) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C

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