Case: Miller v. Carson

Miller v. McMillan

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

SEE manual docket sheet for entries made prior to this date. Documents not numbered on manual docket sheet. (jsf) Modified on 02/16/1994

THIRD MOTION by plaintiffs Richard Franklin Miller, et al. regarding transfers from the Duval County Jail (jsf) (Entered: 02/16/1994)

RESPONSE by defendants James E. McMillan, et al. to plaintiffs' [1-1] motion regarding transfers from the Duval County Jail (jsf) (Entered: 02/16/1994)

NOTICE of Hearing: set status conference for 10:30 am. on 2/22/94. Scheduled for Judge Howell W. Melton (Room 307) . ctc (jsf) (Entered: 02/16/1994)

MOTION by plaintiffs Richard Franklin Miller, et al. to continue status conference (jsf) Modified on 02/16/1994 (Entered: 02/16/1994)

NOTICE of withdrawal of motion to continue status conference, by plaintiffs Richard Franklin Miller, et al. (jsf) Modified on 02/16/1994 (Entered: 02/16/1994)

MAGISTRATE JUDGE CASE ASSIGNMENT to Magis. Judge John E. Steele (jsf)

ORDER. The clerk shall execute the English version of the Notice of Proposed Stipulated Final Judgment and Closing of this Case ("Notice"), which is attached, and transmit it to the defendants. Thereafter, defendants shall submit the Spanish translation of the Notice to the Clerk, who shall execute said translation and transmit it to the defendants. Defendants shall post the Notice in accordance with the provisions therein, within 10 days. Fifty days from the date of this order, defendants shall file an affidavit with the court attesting that the posting of the Notice has been accomplished. Defendants' affidavit shall have attached to it as exhibits, the affidavits of each superintendent or chief administrator of each correctional institution and all other facilities housing inmates operated by the Jacksonville Sheriff's Office, attesting that the Notice was continuously posted as specified in the Notice. All comments or objections by members of the plaintiff class must be received by the court by 4/15/94 (via: Miller v. McMillan Class Action, c/o William J. Sheppard, Esq). A hearing will be held 5/18/94 at 10:00 a.m., courtroom #2, to consider any comments or objections which have been filed with the court, and to determine whether it is appropriate to enter the stipulated final judgment and close the case at that time. ( Signed by Judge Howell W. Melton ) ctc (jsf) (Entered: 02/23/1994)

Miscellaneous hearing, re: [6-1] order set for 10:00 a.m on 5/18/94 (courtroom #2). Scheduled for Judge Howell W. Melton (jsf)

RECEIVED Spanish Translation in compliance with court order 6 (issued to attorney Bruce Page personally) ctc (jsf)

MARCH MONTHLY REPORT; by James E. McMillan, et. al. (pmc) (Entered: 04/04/1994)

NOTICE of filing affidavits pursuant to Court's order of 2/22/94; by James E. McMillan (pmc) (Entered: 04/13/1994)

APRIL MONTHLY REPORT, by defendants James E. McMillan, et al. (jsf) (Entered: 05/18/1994)

NOTICE of filing (objections from plaintiffs pursuant to Notice to Class), by plaintiff Richard Franklin Miller (jsf) (Entered: 05/18/1994)

MINUTE ENTRY: Status hearing held before Sr. Judge Melton. Counsel to submit proposed orders closing this case and case no. 75-91-Civ-J-12. Court Reporter: Mildred Shealy (jsf) (Entered: 05/18/1994)

FINAL JUDGMENT. The court makes the following findings of fact and law: Defendants have complied with the injunctions entered in these causes (74-382-Civ-J-12 and 75-91-Civ-J-12), and all remaining orders of the court relating thereto. Defendants have a constitutionally adequate system for housing members of the plaintiff class and have purged themselves of any contempt heretofore found by the court. As a result of the defendants' satisfaction of the orders set forth herein, the court VACATES the following orders: Order and Opinion and Permanent Injunction (filed 7/17/75); Consent Order and Permanent Injunction (filed 1/31/79); All remaining orders of the court relating thereto. The court TERMINATES the responsibilities of the special monitor created by order of this court (filed 4/10/89). The court TERMINATES the responsibilities of class counsel William J. Sheppard, Esquire. This court retains jurisdiction solely for the purpose of resolving any dispute between the defendants and class counsel and the monitor concerning requests from class counsel for fees or reimbursement of expenses. The cases are ordered closed. ( Signed by Judge Howell W. Melton ) MFR Number 125/2312-15 ctc (jsf) (Entered: 05/18/1994)

TRANSCRIPT OF PROCEEDINGS on Pending Motions for date of 5/18/94 before Judge Howell W. Melton. (pmc) (Entered: 06/06/1994)

NOTICE of settlement of fees and costs by Richard Franklin Miller (pmc) (Entered: 06/15/1994)

CLERK noticed plaintiff's counsel (Bruce Page) and defendant's counsel (Wm. Sheppard) to pick up exhibits within 30 days (jsf)

RECEIPT for plaintiff's exhibits (which also includes a box) (jsf) (Entered: 02/15/1995)

DESTRUCTION of defendants' exhibits per Local Rule 5.05 (jsf) (Entered: 04/20/1995)

FRC record data: accession # 021-95-0395; agency box # 1-5 (pleadings); 6 (pleadings, transcripts, exhibit lists, misc. files) 7 (incident reports, ombudsman report, prison survey reports, Duval jail reports, assessment of mental health needs report); 8 (depositions); 9 (exhibits to response 10/19/93, transcripts) location # F0261764; permanent record. (mk)