Roberts v. Deese et al (INMATE1)
Federal Civil Lawsuit Alabama Middle District Court, Case No. 2:05-cv-01236-MHT-WC
District Judge Myron H. Thompson, presiding

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No Logo Perrion Roberts, Plaintiff
v.
No Logo Frank Albright, Defendant

Toggle Switch Represented by Office of the Alabama Attorney General

Name Phone Fax E-Mail
Space Benjamin Howard Albritton +1 334 353 4484 +1 334 242 2433 balbritton@ago.state.al.us
No Logo Gladys Deese, Defendant

Toggle Switch Represented by Office of the Alabama Attorney General

Name Phone Fax E-Mail
Space Benjamin Howard Albritton +1 334 353 4484 +1 334 242 2433 balbritton@ago.state.al.us
No Logo Lenita Hawthorne, Defendant

Toggle Switch Represented by Office of the Alabama Attorney General

Name Phone Fax E-Mail
Space Benjamin Howard Albritton +1 334 353 4484 +1 334 242 2433 balbritton@ago.state.al.us
No Logo Marion Wright, Defendant

Toggle Switch Represented by Rushton, Stakely, Johnston & Garrett, PA

Name Phone Fax E-Mail
Space Paul McGee James, Jr. +1 334 206 3148 +4810 481 481 0817 pmj@rsjg.com
No Logo Nurse Mobley, Defendant

Toggle Switch Represented by Rushton, Stakely, Johnston & Garrett, PA

Name Phone Fax E-Mail
Space Paul McGee James, Jr. +1 334 206 3148 +4810 481 481 0817 pmj@rsjg.com
No Logo Prison Health Services, Inc., Defendant

Toggle Switch Represented by Rushton, Stakely, Johnston & Garrett, PA

Name Phone Fax E-Mail
Space Paul McGee James, Jr. +1 334 206 3148 +4810 481 481 0817 pmj@rsjg.com
No Logo Samuel Englehardt, Defendant

Toggle Switch Represented by Rushton, Stakely, Johnston & Garrett, PA

Name Phone Fax E-Mail
Space Paul McGee James, Jr. +1 334 206 3148 +4810 481 481 0817 pmj@rsjg.com
Office Montgomery
Filed 12/29/2005
Jury Demand None
Demand
Nature of Suit 555 - Civil Rights (Prison Condition)
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Disposition Dismissed - Other
County Elmore
Terminated 6/25/2008
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags ANDERSON, CLOSED, INMATE
  Entries (63) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 51 Filed: 6/25/2008, Entered: 6/25/2008
FINAL JUDGMENT that this action is 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 Myron H. Thompson on 6/25/2008. (Attachments: # (1) Civil Appeals Checklist)(cb, )
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    Legal Document 50 Filed: 6/25/2008, Entered: 6/25/2008 Court Filing
    ORDERED that: (1) The [49] Recommendation of the Magistrate Judge is adopted; (2) This case is dismissed without prejudice, for plaintiff's failures to comply with the order of this court; and (3) Costs are taxed against plaintiff, for which execution may issue. An appropriate judgment will be entered. Signed by Honorable Myron H. Thompson on 6/25/2008. (cb, )
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      Blank -- Filed: 6/9/2008, Entered: 6/10/2008 Mail Returned
      Mail Returned as Undeliverable. The [49] Report and Recommendation of the Magistrate Judge mailed to Perrion Roberts was returned with the following notation: Forward Time EXP RTN to Sender (Perrion Roberts 1000 Oakwood Av, Huntsville AL 35811) (cb, )
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        Legal Document 49 Filed: 6/6/2008, Entered: 6/6/2008, Terminated: 6/25/2008 Report and RecommendationsCourt Filing
        REPORT AND RECOMMENDATIONS of the Magistrate Judge that this case be dismissed without prejudice for failure of the plaintiff to comply with the orders of this court. Objections to R&R due by 6/17/2008 Signed by Honorable Wallace Capel, Jr on 6/6/2008. (cb, )
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          Blank -- Filed: 6/4/2008, Entered: 6/5/2008 Mail Returned
          Mail Returned as Undeliverable. The [48] Order mailed to Perrion Roberts was returned with the following notation: Return to Sender Attempted-Not Known, Unable to Forward. (cb, )
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            Legal Document 48 Filed: 5/29/2008, Entered: 5/29/2008
            ORDERED that [47] Motion to Withdraw William R. Lunsford and David B. Block as Attorneys is GRANTED. Signed by Honorable Wallace Capel, Jr on 5/29/2008. (cb, )
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              Blank -- Filed: 5/29/2008, Entered: 5/29/2008
              *** Attorney David Berman Block and William Richard Lunsford terminated as attorney pursuant to [48] Order. (cb, )
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                Legal Document 47 Filed: 5/28/2008, Entered: 5/28/2008, Terminated: 5/29/2008 Motion to Withdraw as Attorney
                MOTION to Withdraw as Attorney by Prison Health Services, Inc., Samuel Englehardt, Marion Wright, Nurse Mobley. (Lunsford, William)
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                  Legal Document 46 Filed: 5/27/2008, Entered: 5/27/2008
                  NOTICE of Appearance by Paul McGee James, Jr on behalf of Prison Health Services, Inc., Samuel Englehardt, Marion Wright, Nurse Mobley (James, Paul)
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                    Blank -- Filed: 11/29/2006, Entered: 11/29/2006
                    Due to the retirement of Judge Vanzetta P. McPherson this case has been reassigned to Judge Wallace Capel, Jr. as referral judge (NO PDF document attached to this notice). (cc, )
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                      Legal Document 45 Filed: 8/17/2006, Entered: 8/17/2006 Court Filing
                      ORDER denying [44] Motion to Compel. Signed by Judge Vanzetta P. McPherson on 8/17/2006. (cb, )
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                        Legal Document 44 Filed: 8/14/2006, Entered: 8/15/2006, Terminated: 8/17/2006 Terminated:
                        MOTION for Order Compelling Party to Answer Interragotories by Perrion Roberts. (cb, )
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                          Legal Document 43 Filed: 8/14/2006, Entered: 8/15/2006 Interrogatories Propounded
                          Plaintiff's Interrogatories and Request for Production of Documents by Perrion Roberts.(cb, )
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                            Blank -- Filed: 8/14/2006, Entered: 8/15/2006 Request for Production of Documents
                            REQUEST for Production of Documents by Perrion Roberts. No pdf attached to this entry. See [43] Interrogatories for pdf.(cb, )
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                              Legal Document 42 Filed: 8/2/2006, Entered: 8/3/2006 Notice of Change of Address
                              NOTICE of Change of Address by Perrion Roberts (cb, )
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                                Legal Document 41 Filed: 6/30/2006, Entered: 6/30/2006 Court Filing
                                ORDER denying [38] Motion to Appoint Counsel . Signed by Judge Vanzetta P. McPherson on 6/30/06. (cb, )
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                                  Legal Document 40 Filed: 6/28/2006, Entered: 6/28/2006
                                  MEMORANDUM of Law in Support of [38] MOTION to Appoint Counsel filed by Perrion Roberts. (cb, )
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                                    Legal Document 39 Filed: 6/28/2006, Entered: 6/28/2006
                                    AFFIDAVIT in Support of [38] MOTION to Appointment of Counsel by Perrion Roberts. (cb, )
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                                      Legal Document 38 Filed: 6/28/2006, Entered: 6/28/2006, Terminated: 6/30/2006 Motion to Appoint Counsel
                                      MOTION to Appointment of Counsel by Perrion Roberts. (cb, )
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                                        Legal Document 37 Filed: 6/27/2006, Entered: 6/28/2006 Interrogatories Propounded
                                        Interrogatories by Perrion Roberts.(cb, )
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                                          Blank -- Filed: 6/27/2006, Entered: 6/28/2006 Request for Production of Documents
                                          REQUEST for Production of Documents by Perrion Roberts. No pdf for this entry. See [37] Interrogatories for pdf(cb, )
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                                            Legal Document 36 Filed: 6/15/2006, Entered: 6/16/2006 BRIEF/MEMORANDUM in Opposition
                                            Memorandum of Law in Opposition to Defendants Summary Judgment/[18] Special Report filed by Perrion Roberts. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(cb, )
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                                              Legal Document 35 Filed: 6/15/2006, Entered: 6/16/2006 Response in OppositionCourt Filing
                                              Plaintiff's Response to Defendants Request for Summary Judgement/ [18] Special Report by Perrion Roberts. (cb, )
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                                                Legal Document 34 Filed: 6/12/2006, Entered: 6/12/2006 Court Filing
                                                ORDER granting in part and deny in part [31] Request for Production of Documents as further set out in the Order. Copy of Order mailed to the Warden of Julia Tutwiler Prison for Women and to the supervisor of the Health Care Unit at such facility. Signed by Judge Delores R. Boyd for Vanzetta Penn McPherson on 6/12/06. (cb, )
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                                                  Legal Document 33 Filed: 6/12/2006, Entered: 6/12/2006 Court Filing
                                                  ORDER: Upon review of the document filed by the plaintiff on 6/9/06 which the court construes to contain a motion for court order, and for good cause, it isORDERED that this motion be and is hereby DENIED. Signed by Judge Delores R. Boyd on 6/12/06. (cb, )
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                                                    Legal Document 32 Filed: 6/12/2006, Entered: 6/12/2006 Court Filing
                                                    ORDER granting [30] Motion for Extension of Time to the extent that the planitiff is granted an extensions from June 12, 2006 to and including July 10, 2006 to file a response to the defendants? written reports in compliance with the orderentered on April 17, 2006. Signed by Judge Delores R. Boyd on 6/12/06. (cb, )
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                                                      Legal Document 31 Filed: 6/9/2006, Entered: 6/12/2006, Terminated: 6/12/2006 Request for Production of Documents
                                                      Plaintiff's REQUEST for Production of Documents by Perrion Roberts.(cb, )
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                                                        Legal Document 30 Filed: 6/9/2006, Entered: 6/12/2006, Terminated: 6/12/2006 Terminated:
                                                        MOTION for Enlargement of Time re [22] Special Report and [18] Special Report to Inmate 1983 Complaint, by Perrion Roberts. (cb, )
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                                                          Blank -- Filed: 6/9/2006, Entered: 6/12/2006 Terminated:
                                                          MOTION for Court Order by Perrion Roberts. (cb, )
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                                                            Legal Document 29 Filed: 5/23/2006, Entered: 5/23/2006 Court Filing
                                                            ORDER denying [28] Motion for Leave to File Motion to Exclude Affidavit of Frank Albright. Signed by Judge Vanzetta P. McPherson on 5/23/2006. (cb, )
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                                                              Legal Document 28 Filed: 5/17/2006, Entered: 5/17/2006, Terminated: 5/23/2006 Motion for Leave to File
                                                              Request Permisson to file Motion to Exclude Affidavit of Defendant Frank Albright due to Conflict of Interest by Perrion Roberts. (cb, )
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                                                                Legal Document 27 Filed: 5/9/2006, Entered: 5/9/2006 Court Filing
                                                                ORDER denying [25] Motion for Production of documents to the extent that the plaintiff requests that the defendants be required to provide her with copies of the requested documents; GRANTED to the extent that the plaintiff seeks access to her inmate file and prison medical records which are maintained in conjunction with her incarceration; DENIED with respect to all other requests made by the plaintiff; On or before May 23, 2006, the correctional and medical defendants at Julia Tutwiler shall allow the plaintiff to inspect and/or copy all documents contained in her institutional file and medical records which are within the care, custody, or control of the defendants. Copies of this order furnished to the Warden of Julia Tutwiler and the Supervisor of the health care unit. Signed by Judge Vanzetta P. McPherson on 5/9/. (cb, )
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                                                                  Legal Document 26 Filed: 5/9/2006, Entered: 5/9/2006 Court Filing
                                                                  ORDER that the plaintiff is GRANTED an extension from May 4, 2006 to and includingJune 12, 2006 to file a response to the defendants' written reports in compliance with [23] Order. Signed by Judge Vanzetta P. McPherson on 5/9/2006. (cb, )
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                                                                    Legal Document 25 Filed: 5/5/2006, Entered: 5/8/2006, Terminated: 5/9/2006 Request for Production of Documents
                                                                    REQUEST for Production of Documents ETC. Under Rule 34 by Perrion Roberts.(cb, )
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                                                                      Legal Document 24 Filed: 5/5/2006, Entered: 5/8/2006 Terminated:
                                                                      MOTION for Enlargement of Time to File Response as to [18] Special Report and [22] Special Report by Perrion Roberts. (cb, )
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                                                                        Blank -- Filed: 5/5/2006, Entered: 5/9/2006 Terminated:
                                                                        MOTION for Production of documents by Perrion Roberts. No pdf for this entry. See [25] Request for Production of Documents for pdf. (cb, )
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                                                                          Legal Document 23 Filed: 4/17/2006, Entered: 4/17/2006 Court Filing
                                                                          ORDER that on or before May 4, 2006 the plaintiff shall file a response to the written reports filed by the defendants. Signed by Judge Vanzetta P. McPherson on 4/17/2006. (ag, )
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                                                                            Legal Document 22 Filed: 4/13/2006, Entered: 4/13/2006
                                                                            Special Report to Inmate 1983 Complaint by Gladys Deese, Frank Albright, Lenita Hawthorne. (Attachments: # (1) Exhibit Albright Affidavit# (2) Exhibit Hawthorne Affidavit)(Albritton, Benjamin)
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                                                                              Legal Document 21 Filed: 4/13/2006, Entered: 4/13/2006
                                                                              ANSWER to Complaint by Gladys Deese, Frank Albright, Lenita Hawthorne.(Albritton, Benjamin)
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                                                                                Legal Document 20 Filed: 3/30/2006, Entered: 3/30/2006 Court Filing
                                                                                ORDER granting [19] Motion to Consider Marion Wright as a Defendant in this Cause of Action . Signed by Judge Vanzetta P. McPherson on 3/30/2006. (ag, )
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                                                                                  Legal Document 19 Filed: 3/29/2006, Entered: 3/29/2006, Terminated: 3/30/2006 Motion for Miscellaneous Relief
                                                                                  MOTION to Consider Marion Wright as a Defendant in this Cause of Action by Perrion Roberts. (ag, )
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                                                                                    Legal Document 18 Filed: 3/23/2006, Entered: 3/24/2006 Special Report to Inmate 1983 Complaint
                                                                                    Special Report to Inmate 1983 Complaint by Prison Health Services, Inc., Samuel Englehardt, Marion Wright, Nurse Mobley. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit D cont.# (6) Exhibit D cont.2# (7) Exhibit Dcont.3)(ag, )
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                                                                                    Legal Document 17 Filed: 3/16/2006, Entered: 3/16/2006 Court Filing
                                                                                    ORDER granting [12] Motion for Extension of Time to Answer ; Special Report & Answer due from Samuel Englehardt, Marion Wright and Nurse Mobley on 3/23/2006. Signed by Judge Vanzetta P. McPherson on 3/16/2006. (ag, )
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                                                                                      Legal Document 16 Filed: 3/14/2006, Entered: 3/14/2006 Court Filing
                                                                                      ORDER granting [14] Motion for Extension of Time to File Special Report & Answer ; that the correctional defendants be Granted an extension from 3/13/06 to and including 4/13/06 to file their special report & answer ; Special Report & Answer due from Gladys Deese, Frank Albright and Lenita Hawthorne on 4/13/2006. . Signed by Judge Vanzetta P. McPherson on 3/14/2006. (ag, )
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                                                                                        Blank -- Filed: 3/14/2006, Entered: 3/14/2006
                                                                                        AO FORM 85 mailed to counsel for Gladys Deese, Frank Albright, Samuel Englehardt (ag, )
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                                                                                          Legal Document 15 Filed: 3/13/2006, Entered: 3/13/2006 Court Filing
                                                                                          ORDER TO SHOW CAUSE, for plaintiff, on or before March 20, 2006, as to why Marion Wright should not be dismissed as a defendant in this cause of action ; Plaintiff Show Cause Response due by 3/20/2006. Signed by Judge Vanzetta P. McPherson on 3/13/2006. (ag, )
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                                                                                            Legal Document 14 Filed: 3/13/2006, Entered: 3/13/2006, Terminated: 3/14/2006 Motion for Extension of Time to File Special Repor
                                                                                            MOTION for Extension of Time to File Special Report & Answer by Gladys Deese, Frank Albright, Lenita Hawthorne. (Albritton, Benjamin)
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                                                                                              Legal Document 13 Filed: 3/9/2006, Entered: 3/9/2006
                                                                                              SUGGESTION OF DEATH Upon the Record as to Marion Wright, R.N. by Prison Health Services, Inc.. (Lunsford, William)
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                                                                                                Legal Document 12 Filed: 3/9/2006, Entered: 3/9/2006, Terminated: 3/16/2006
                                                                                                NOTICE by Prison Health Services, Inc., Samuel Englehardt, Marion Wright, Nurse Mobley Notice of Appearance and Motion for Extension of Time to Submit Special Report and Answer (Lunsford, William)
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                                                                                                  Blank -- Filed: 3/9/2006, Entered: 3/10/2006 Terminated:
                                                                                                  MOTION for Extension of Time to Submit Special Report and Answer by Prison Health Services, Inc., Samuel Englehardt, Marion Wright, Nurse Mobley. (No PDF attached, See Doc. [12]) (ag, )
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                                                                                                    Blank -- Filed: 3/9/2006, Entered: 3/10/2006 Add and Terminate Attorneys
                                                                                                    ***Attorney William Richard Lunsford and David Berman Block for Prison Health Services, Inc., Samuel Englehardt, Catherine Mobley and Marion Wright added per Doc. [12]. (ag, )
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                                                                                                      Legal Document 11 Filed: 2/8/2006, Entered: 2/8/2006
                                                                                                      Return Receipt Card showing service of complaint & order #8 signed by Lisa A. Smith for Prison Health Services, Inc. served on 2/1/2006, answer due 3/13/2006. (ag, )
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                                                                                                        Legal Document 10 Filed: 2/2/2006, Entered: 2/3/2006 Return Receipt Card
                                                                                                        Return Receipt Card showing service of complaint and order of procedure signed by Susie Mims for Nurse Mobley served on 1/31/2006, answer due 3/13/2006. (ajr, )
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                                                                                                          Legal Document 9 Filed: 2/1/2006, Entered: 2/2/2006 Return Receipt Card
                                                                                                          Return Receipt Card showing service of complaint and order of procedure signed by Susie Mims for Gladys Deese served on 1/31/2006, answer due 3/13/2006; Frank Albright served on 1/31/2006, answer due 3/13/2006; Lenita Hawthorne served on 1/31/2006, answer due 3/13/2006; Samuel Englehardt served on 1/31/2006, answer due 3/13/2006; Marion Wright served on 1/31/2006, answer due 3/13/2006. (ajr, )
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                                                                                                            Legal Document 8 Filed: 1/30/2006, Entered: 1/30/2006 Court Filing
                                                                                                            ORDER TO FILE SPECIAL REPORT within 40 days from the date of this order; copies mailed to plaintiff; mailed by CMRRR with complaint to named defendants. Signed by Judge Vanzetta P. McPherson on 1/30/06. (ajr, )
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                                                                                                              Legal Document 7 Filed: 1/27/2006, Entered: 1/27/2006 Court Filing
                                                                                                              ORDER granting [6] MOTION for Extension of filing fee Deadline Filing Fee due by 2/9/2006. Signed by Judge Vanzetta P. McPherson on 1/27/06. (ajr, )
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                                                                                                                Blank -- Filed: 1/26/2006, Entered: 1/27/2006 Filing Fee Received
                                                                                                                Filing fee: $14.13, receipt number 109089 (ajr, )
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                                                                                                                  Legal Document 6 Filed: 1/24/2006, Entered: 1/25/2006, Terminated: 1/27/2006 Terminated:
                                                                                                                  MOTION for Extension of filing fee deadline by Perrion Roberts. (ajr, )
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                                                                                                                    Legal Document 5 Filed: 1/6/2006, Entered: 1/6/2006 Court Filing
                                                                                                                    ORDER granting [2] Application to Proceed Without Prepayment of Fees and Affidavit filed by Perrion Roberts, Filing Fee due by 1/25/2006. Signed by Judge Vanzetta P. McPherson on 1/6/06. (ajr, )
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                                                                                                                      Legal Document 4 Filed: 1/6/2006, Entered: 1/6/2006 Court Filing
                                                                                                                      ORDER denying [3] Motion to Appoint Counsel . Signed by Judge Vanzetta P. McPherson on 1/6/06. (ajr, )
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                                                                                                                        Legal Document 3 Filed: 12/29/2005, Entered: 12/30/2005, Terminated: 1/6/2006 Terminated:
                                                                                                                        MOTION to Appoint Counsel by Perrion Roberts. (ajr, )
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                                                                                                                          Legal Document 2 Filed: 12/29/2005, Entered: 12/30/2005, Terminated: 1/6/2006 Terminated:
                                                                                                                          Application to Proceed Without Prepayment of Fees and Affidavit by Perrion Roberts. (ajr, )
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                                                                                                                            Legal Document 1 Filed: 12/29/2005, Entered: 12/30/2005 Inmate 1983 Complaint
                                                                                                                            Inmate 1983 COMPLAINT against all defendants , filed by Perrion Roberts.(ajr, )
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