Native American Prisoners of Alabama − Turtle/Wind Clan v. Alabama Dept. of Corrections

U. S. Court of Appeals for the Eleventh Circuit

Limbaugh v. Thompson; Native American Prisoners of Alabama v. State of Alabama Dept. of Corrections

Limbaugh v. Thompson

Limbaugh v. Thompson

MOTION by Matthew Latham, James Limbaugh, Thomas Hogan, Richard Robinson, Ricky Knight, Franklin Irvin for temporary restraining order, for Appointment of Counsel Referred to Judge Ira De Ment (dkt clerk) (Entered: 11/29/1993)

Affidavit by Matthew Latham to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Affidavit by James Limbaugh to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Affidavit by Thomas Hogan to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Affidavit by Richard Robinson to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Affidavit by Ricky Knight to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Affidavit by Franklin Irvin to proceed in forma pauperis (dkt clerk) (Entered: 11/29/1993)

Case reassigned to Staff Attorney Anderson effective 11/10/97 (dkt clerk)

ORDER denying [1-1] motion for temporary restraining order; Referring Case to Mag. Judge Charles S. Coody for further proceedings and determination or recommendation as may be appropriate ( signed by Judge Ira De Ment ). Copies mailed to plaintiff. (djy) Modified on 12/27/1993 (Entered: 12/02/1993)

ORDER directing plaintiff Robinson that on or before 12/22/93, to return the copy of the complaint supplied to him by the court, and it should contain his signature; pending plaintiff Robinson's compliance with order, it is ORDERED staying further proceedings; ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs; with copy of complaint mailed to plaintiff Robinson, as directed. (dkt clerk) (Entered: 12/09/1993)

Plaintiff Hogan's copy of 12-2-93 order returned in mail with the following notation, "return to sender- addressee unknown". Referred to Magistrate Judge Coody. (djy) Modified on 12/13/1993

ORDER directing that on or before 12-28-93, plaintiff Hogan notify the court of his present address, as further set out in order ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs. (djy) (Entered: 12/14/1993)

MOTION by Matthew Latham for Appointment of Counsel referred to Mag. Judge Charles S. Coody (djy) (Entered: 12/27/1993)

REPORT AND RECOMMENDATIONS of Mag. Judge Charles S. Coody that plaintiff Robinson be dismissed as a party to the present complaint; that this case be referred back to the undersigned for further proceedings. Objections to R and R due by 1/17/94. Copies mailed to plaintiffs and defendants. (djy) (Entered: 12/28/1993)

ORDER denying [11-1] motion for Appointment of Counsel ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs. (djy) (Entered: 12/28/1993)

ORDER directing that plaintiff Irvin forward to the Clerk of this court the sum of $3.00 as a partial filing fee; setting filing fee deadline for 1/11/94 for Franklin Irvin ; granting [7-1] motion to proceed in forma pauperis, except to the extent payment is required by this order ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs. (djy) (Entered: 12/28/1993)

Filing Fee Paid; FILING FEE $ 3.00 RECEIPT # 50120. Referred to Magistrate Judge Coody. (djy)

REPORT AND RECOMMENDATIONS of Mag. Judge Charles S. Coody that plaintiff Hogan be dismissed as a party to the complaint for his failure to prosecute the case and his failure to keep the court informed as to his current address. Objections to R and R due by 1/24/94. Copies mailed to plaintiffs and defendants. (djy) (Entered: 01/06/1994)

ORDER granting [2-1], [3-1] and [6-1] motions to proceed in forma pauperis filed by plaintiffs Latham, Limbaugh and Knight; setting Answer deadline to 2/16/94 for Leslie Thompson, for Dept. of Corrections, for J. McClure, for Dewayne Estes, for Willie Johnson, for Kenneth Patrick, for Donald Parker ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs; mailed w/copies of complaint to Jimmy Evans & General Counsel for DOC; mailed CMRRR w/copies of complaint to named defendants. (djy) (Entered: 01/06/1994)

RETURN RECEIPT CARD showing service of complaint on Ed Murray on 1/7/94 for Dewayne Estes, J. McClure, Donald Parker, Kenneth Patrick . Answer due on 2/17/94 for Dewayne Estes, for J. McClure, for Donald Parker, for Kenneth Patrick (djy) (Entered: 01/11/1994)

Stamped ORDER denying [15-1] motion for Reconsideration of [13-1] order, which denied motion for appointment of counsel ( by Mag. Judge Charles S. Coody ). Copies mailed to plaintiff and defendants. (djy) Modified on 02/17/1994

RETURN RECEIPT CARD showing service of complaint on Kay P. Hope on 1/10/94 for Willie Johnson; on Bette Schild for Dept. of Corrections . Answer due on 2/22/94 for Willie Johnson, for Dept. of Corrections (djy) (Entered: 01/13/1994)

RETURN RECEIPT CARD showing service of complaint on no signature on 1/12/94 for Leslie Thompson . Answer due on 2/22/94 for Leslie Thompson (djy) (Entered: 01/14/1994)

File referred to Magistrate Judge Coody. (djy)

File w/proposed order referred to Judge De Ment. (djy)

Plaintiff Hogan's copy of 1-10-94 order returned in mail with the following notatition, "returned to sender-addressee unknown". (djy)

Plaintiff Hogan's copy of recommendation of 1-6-94 returned in mail with the following notation, "returned to sender - addressee unknown". (djy)

ORDER (rendered 1-24-94) adopting [12-1] report and recommendations of the Magistrate Judge filed 12-28-93; ORDER, JUDGMENT and DECREE of the court that Richard Robinson be and is hereby dismissed as a plaintiff in this case; referring Case back to Mag. Judge Charles S. Coody for further proceedings ( signed by Judge Ira De Ment ). Copies mailed to plaintiff and defendants. (djy) Modified on 01/25/1994 (Entered: 01/25/1994)

File referred to Magistrate Judge Coody. (djy)

File w/proposed order referred to Judge De Ment. (djy)

ORDER adopting [16-1] report and recommendations of the Magistrate Judge filed 1-6-94; ORDER, JUDGMENT and DECREE of the court that Thomas Hogan be and is hereby dismissed as a plaintiff for his failure to prosecute the case and his failure to keep the court informed as to his current address ( signed by Judge Ira De Ment ). Copies mailed to plaintiffs and defendants. (djy) (Entered: 01/27/1994)

Plaintiff Hogan's copy of 1-25-94 order returned in mail with the following notation, "returned to sender-addressee unknown". (djy)

MOTION (Exhibits A thru E attached) by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections to Extend Time in which to file their special report referred to Mag. Judge Charles S. Coody (djy) Modified on 02/17/1994 (Entered: 02/17/1994)

Stamped ORDER granting [23-1] motion to Extend Time in which to file their special report; resetting Answer deadline to 2/28/94 for Dept. of Corrections, for J. McClure, for Dewayne Estes, for Willie Johnson, for Kenneth Patrick, for Donald Parker, for Leslie Thompson ( by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs and counsel. (djy)

Motion to compel filed 2-23-94 also contstrued as a discovery request per order of 3-2-94. (djy) (Entered: 03/02/1994)

BRIEF by Matthew Latham in support of [24-1] motion to Compel referred to Mag. Judge Charles S. Coody (djy) (Entered: 03/02/1994)

ORDER also construing the motion to compel discovery as a discovery request; denying [24-1] motion to Compel, as not discovery requests have heretofore been filed in this matter prior to the plaintiffs filing the motion to compel; directing that (1) all further discovery requests shall be filed with the court and served on the proper party on or before 3-15-94; (2) responses to requests for discovery shall be filed within 30 days of service of such request; (3) all discovery shall be completed on or before 4/14/94 ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs and counsel. (djy) (Entered: 03/02/1994)

Special report treated as a MOTION by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections for Summary Judgment per order of 3-14-94. (djy) (Entered: 03/14/1994)

AO FORM 85 mailed to counsel for defendant. (djy)

ORDER treating the special report filed 3-9-94 as a motion for summary judgment; [27-1] motion for Summary Judgment by defendants be set for submission on 4/12/94 ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs and counsel. (djy) (Entered: 03/14/1994)

ORDER setting ORAL ARGUMENT for 2:00 6/8/94 for [27-1] motion for Summary Judgment by telephone conference arranged by counsel for the defendants; directing the persons having custody of the plaintiffs to make them available for the telephone conference as hereinabove decsribed ( signed by Mag. Judge Charles S. Coody ). Copies mailed to plaintiffs, counsel and Cecil Atchison; furnished to Marie & Ace. (djy) (Entered: 05/17/1994)

Plaintiff Limbaugh's copy of 5-17-94 order returned in mail with the following notation, "returned to sender-not here". Per Dept of Corrections now at J.O. Davis Correctional Facility. Re-mailed to new address this date. (djy)

Motion hearing held by telephone conference re: [27-1] motion for Summary Judgment by defendants. (dkt clerk)

ORDER staying all further proceeding except settlement negotiations; directing defendants to negotiate with the plaintiffs toward reaching a settlement of the issues raised in this case; directing defendants to report to the court whether this case has been settled, on or before 7/8/94. Signed by Mag. Judge Charles S. Coody. Copies mailed to plaintiffs & counsel. (dkt clerk) (Entered: 06/09/1994)

MOTION by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections to Extend Time in which to comply with the court's order of 6/9/94 referred to Mag. Judge Charles S. Coody (cc) (Entered: 07/12/1994)

MOTION by Matthew Latham for denial of extension of time requested by defendants per motion filed 7/11/94 referred to Mag. Judge Charles S. Coody (cc) (Entered: 07/15/1994)

Stamped ORDER granting until 8/8/94 [31-1] motion to Extend Time in which to comply with the court's order of 6/9/94 ( by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc)

MOTION by Matthew Latham for inmate assistance at the meeting scheduled for 7/20/94 with the Attorney General's office referred to Mag. Judge Charles S. Coody (cc) Modified on 07/26/1994 (Entered: 07/20/1994)

Stamped ORDER denying [32-1] motion for denial of extension of time ( by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc)

Objection to extension of time construed as a MOTION by Matthew Latham to Strike [31-1] motion to Extend Time per order of 7/26/94 (cc) (Entered: 07/26/1994)

ORDER denying as moot [34-1] motion to Strike [31-1] motion to Extend Time; denying as moot [33-1] motion for inmate assistance at the meeting scheduled for 7/20/94 with the Attorney General's office ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc) (Entered: 07/26/1994)

MOTION by James Limbaugh to Show Cause for defendants' failure to comply with order of 6/9/94 referred to Mag. Judge Charles S. Coody (cc) (Entered: 08/24/1994)

MOTION by James Limbaugh for Judgment on the Pleadings (attachments) referred to Mag. Judge Charles S. Coody (cc) (Entered: 08/24/1994)

Defendants' RESPONSE to order of 6/9/94 (attachments) referred to Magistrate Judge Coody. (cc) (Entered: 08/25/1994)

ORDER setting Status Conference 9:00 9/20/94 before Mag. Judge Charles S. Coody, at the Kilby Correctional Facility; directing the persons having custody of the plaintiffs to produce them at the status conference ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison; furnished Marie & Clayton. (cc) (Entered: 08/31/1994)

Plaintiff Latham's copy of order of 8/31/94 returned with following notation "Not Here, Returned to Sender". Per the DOC was paroled 8/29/94. Referred to Magistrate Judge Coody. (cc)

ORDER resetting Status Conference for 9:00 10/4/94 at the Kilby Correctional Facility before Mag. Judge Charles S. Coody ; directing the persons having custody of the plaintiffs to produce them at the status conference ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison; furnished Marie & Clayton. (cc) (Entered: 09/22/1994)

Plaintiff Latham, Irvin & Knight's copies of order of 9/22/94 returned with following notation "Returned to Sender, Not Here, Easterling Correctional Facility". Remailed Irvin & Kinght's copies to Kilby same date. No current address on Latham. (cc)

Courtroom Deputy's MINUTES of proceedings: (cc) (Entered: 10/04/1994)

Status Conference held before Mag. Judge Charles S. Coody (cc)

Motion to compel construed as a MOTION by James Limbaugh for free copies per order of 10/7/94 (cc) (Entered: 10/07/1994)

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin for temporary restraining order referred to Judge Ira De Ment (cc) (Entered: 10/07/1994)

ORDER setting Evidentiary Hearing pursuant to 28 U.S.C. 636(b)(1)(B) for 9:00 12/6/94, at the Kilby Correctional Facility; set Witness List deadline to at least 10 days before trial, as further set out; directing the persons having custody of the plaintiffs to produce them at said evidentiary hearing (signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison; furnished Marie & Clayton. (cc) (Entered: 10/07/1994)

ORDER denying [42-1] motion for free copies ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc) (Entered: 10/07/1994)

Stamped ORDER denying [43-1] motion for Reconsideration of [13-1] order denying appointment of counsel ( by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc)

ORDER denying [44-1] motion for temporary restraining order filed 10-7-94; referring case back to Mag. Judge Charles S. Coody for further proceedings and determination or recommendation as may be appropriate ( signed by Judge Ira De Ment ). Copies mailed to plaintiffs and counsel. (djy) (Entered: 10/11/1994)

File referred to Magistrate Judge Coody. (djy)

Plaintiff Latham's copies of orders of 10/7/94 returned with following notation "Returned to Sender, Not Here". (cc)

Plaintiff Latham's copy of order of 10/11/94 returned with following notation "Returned to Sender, Not Here". (cc)

ORDER granting [48-1] motion for Reconsideration with respect to paragraphs 5 and 6 of the plaintiffs' 10/13/94 motion and denying [48-1] motion for Reconsideration with respect to paragraphs 1-4 and 7; directing the clerk to mail to the plaintiffs a copy of the case action summary sheet and a copy of the defendants' 3/9/94 special report ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs w/documents as directed and to counsel. (cc) (Entered: 10/14/1994)

ORDER directing plaintiff Latham that on or before 10/24/94 to notify the court of his present address ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc) (Entered: 10/14/1994)

Plaintiff Latham's copies of orders of 10/14/94 returned with following notation "Returned to Sender, not Here". (cc)

ORDER denying [51-1] motion for Reconsideration of [47-1] order denying their motion for TRO; referring this case to Magistrate Judge Charles S. Coody for further proceedings and determination or recommendation as may be appropriate (signed by Judge Ira De Ment), copies mailed to plaintiffs & counsel. (cc) (Entered: 10/19/1994)

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin to Compel defendant Johnson to comply with the courts order of 1/6/94 referred to Mag. Judge Charles S. Coody (cc) (Entered: 10/20/1994)

Plaintiff Latham's copy of order of 10/19/94 returned with following notation "Returned to Sender, Not Here". (cc)

Stamped ORDER denying [53-1] motion to Compel ( by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc)

Plaintiff Latham's copy of stamped order of 10/25/94 returned with following notation "Returned to Sender, Not Here". (cc)

ORDER resetting Evidentiary Hearing for 9:30 12/6/94 in instead of 9:00; directing the persons having custody of the plaintiffs to produce the plaintiffs at 9:30 at the Kilby Correctional Facility at the evidentiary hearing ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison; furnished Marie & Clayton. (cc) (Entered: 11/04/1994)

Plaintiff Latham's copy of order of 11/4/94 returned with the following notation "Returned to Sender, Not Here". (cc)

Witness list by James Limbaugh, Ricky Knight, Franklin Irvin referred to Magistrate Judge Coody. (cc) (Entered: 11/18/1994)

REPORT AND RECOMMENDATIONS of Mag. Judge Charles S. Coody that plaintiff Latham be dismissed from this action with prejudice for his failure to prosecute the case and his failure to keep the court imformed of his current address. Objections to R and R due by 12/9/94, copies mailed to plaintiffs & counsel. (cc) (Entered: 11/21/1994)

ORDER directing the State of Alabama to produce inmates William J. Heup, AIS #Unknown, Floyd Foster, AIS #Unknown, Shirley McCall, AIS # Unknown, Samuel Weaver, Jr., AIS #146467 and Arron Lesperance, AIS #172694 for the evidentiary hearing set for 12/6/94 at 9:30 a.m. at the Kilby Correctional Facility ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs, counsel & Cecil Atchison. (cc) (Entered: 11/21/1994)

Plaintiff Latham's copy of order & recommendation of 11/21/94 returned with following notation "Returned to Sender, not Here". (cc)

Courtroom Deputy's MINUTES of proceedings; Exhibit List; Witness List; EXHIBITS UNDER SEPARATE COVER W/FILE (cc) (Entered: 12/06/1994)

BRIEF by James Limbaugh, Ricky Knight, Franklin Irvin in support of [1-1] complaint referred to Mag. Judge Charles S. Coody (cc) (Entered: 12/06/1994)

Evidentiary Hearing held before Mag. Judge Charles S. Coody (cc)

ORDER directing the parties to file a joint status report indicating (1) whether a policy has been promulgated, (2) whether appropriate officials of the department have met with the plaintiffs concerning these policies, (3) whether the plaintiffs agree to the policies; set Status Report deadline to 12/27/94 ( signed by Mag. Judge Charles S. Coody ), copies mailed to plaintiffs & counsel. (cc) (Entered: 12/08/1994)

ORDER adopting [56-1] report and recommendations; dismissing Matthew Latham as a plaintiff because of his failure to prosecute and his failure to keep the court informed of his current address; Referring Case to Mag. Judge Charles S. Coody for further proceedings ( signed by Judge Ira De Ment ), copies mailed to plaintiffs & counsel. (cc) (Entered: 12/09/1994)

Plaintiff Latham's copies of orders of 12/8/94 and 12/9/94 returned with the following notation "Returned to Sender, Not Here, Easterling Correctional Facility". (cc)

STATUS REPORT (w/attachment) by James Limbaugh, Ricky Knight, Franklin Irvin referred to Magistrate Judge Coody. (cc) (Entered: 12/20/1994)

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin for Summary Judgment referred to Mag. Judge Charles S. Coody (cc) (Entered: 12/21/1994)

Defendants' response to order of 12/8/94 referred to Magistrate Judge Coody. (cc) (Entered: 12/28/1994)

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin for Final Judgment on the Case referred to Mag. Judge Charles S. Coody (cc) (Entered: 01/19/1995)

MOTION by James Limbaugh, Ricky Knight, Franklin Irvin for Summary Judgment referred to Mag. Judge Charles S. Coody (cc) (Entered: 02/07/1995)

MOTION to Intervene as a plaintiff in this action by Jimmy Lee Bowen, AIS #141620 referred to Mag. Judge Charles S. Coody [Construed as Motion to Amend the Complaint to Add Jimmy Lee Bowen as a Plaintiff pursuant to Court's Order of 3/25/99] (cc) Modified on 03/26/1999 (Entered: 02/24/1995)

STATUS REPORT (w/Exhibits A-C attached) by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections referred to Magistrate Judge Coody. (cc) Modified on 03/26/1999 (Entered: 02/24/1995)

SUPPLEMENT TO STATUS REPORT (document #62) by James Limbaugh, Ricky Knight, Franklin Irvin referred to Magistrate Judge Coody. (cc) (Entered: 03/03/1995)

MOTION by Leslie Thompson, Donald Parker, Kenneth Patrick, Willie Johnson, Dewayne Estes, J. McClure, Dept. of Corrections to Supplement the Status Report filed 2/24/95 ; attachment referred to Mag. Judge Charles S. Coody (cc) (Entered: 03/09/1995)

NOTICE of Attorney Appearance for James Limbaugh, Ricky Knight, Franklin Irvin, Jimmy Lee Bowen by Mark W. Sabel Jr. (dmk) (Entered: 06/13/1995)

NOTICE of Attorney Appearance for Ricky Knight, Franklin Irvin, Jimmy Lee Bowen, James Limbaugh by James A. Tucker (cc) (Entered: 06/19/1995)