Wheeler v. Dunn (INMATE 1)

Filing 74

ORDER denying 72 Motion for Contempt of Court, as further set out in order; DIRECTING the Clerk to send to plaintiff with this order a copy of plaintiff's 52 consent form and the attached letter. Signed by Honorable Judge Myron H. Thompson on 3/4/2021. (Copies mailed as directed) (amf, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MARK SHANNON WHEELER,
Plaintiff,
v.
JEFFERSON S. DUNN,
Commissioner of the
Alabama Department of
Corrections,
Defendant.

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CIVIL ACTION NO.
2:13cv112-MHT
(WO)

ORDER
It is ORDERED that plaintiff’s motion for contempt
of court (Doc. 72) is denied.

If plaintiff seeks to

challenge the Alabama Department of Corrections’ taking
of his money, he may seek relief before the Alabama
Board of Adjustment. See Marshall v. Shipman, No. CIVA
05-0643 WSC, 2007 WL 2154162, at *3 (S.D. Ala. June 18,
2007) (“Claims for the loss of property incurred at the
hands of Alabama state agencies or their employees may
be presented for compensation to the Alabama Board of

Adjustment

pursuant

to

Alabama

Code

§§

41-9-60,

et

seq.”).
The court notes that it is unaware of any order
issued in this case for payment of a filing fee at a
rate of no more than 10 % per month.

Plaintiff filed

an appeal in this case in 2014 and at that time agreed
to pay a $ 455 filing fee to the Eleventh Circuit Court
of Appeals.

The appeals court explained the payment

terms in a letter to the warden of Davis Correctional
Facility.
The

clerk

of

court

is

DIRECTED

to

send

to

plaintiff with this order a copy of plaintiff’s consent
form and the attached letter (Doc. 52).
DONE, this the 4th day of March, 2021.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE