Dunn et al v. Thomas et al

Filing 4102

ORDER: On 10/26/2023, pro se inmate Elbert Ballard filed a motion to intervene (Doc. 4059 ) in this case. On 10/27/2023, the court entered an order (Doc. 4060 ) denying the motion and noting that Ballard could file a separate and independent law suit asserting his claim that he has been wrongfully retaliated against by certain persons employed by the ADOC because he testified in this case in 2016. After denying the motion, the court received several more documents from Ballard, including a m otion seeking to freeze the assets of the Department of Corrections. See Order (Doc. 4072 ). The court instructed the clerk of court to return those documents. Id. The court has now recently received a second motion to freeze from Ballard. As with t he previous motion to freeze, the new motion should be returned to Ballard because he is not a party to this case. Moreover, in the meantime, Ballard has filed a new and separate lawsuit against the Medical Staff at Hamilton A&I. See Ballard v. Medic al Staff at Hamilton Aged & Infirmed, 2:23cv00698-MHT. In this new lawsuit, he has submitted documents similar and identical to the ones he sent to the court in this case. Accordingly, it is ORDERED as follows: (1) The clerk of court is not to file t he recent document containing a motion to freeze by Elbert Ballard, but rather is to return the document to Ballard. But before doing so, the clerk is to make a cop of the document, put it in an envelope, and put the envelope on the left side of the "hard folder" of this case, along with all the other inmate letters received by the court regarding this case. (2) Ballard is not to submit any more documents for filing in this case, for he has been denied intervention. But if he should, t he clerk of the court is to return the documents to him, after making a copy of them, putting them in an envelope, and putting the envelope on the left side of the "hard folder" of this case, along with all the other inmate letters received by the court regarding this case. Signed by Honorable Judge Myron H. Thompson on 12/7/2023. Document returned to Elbert Ballard as directed. Copy of document returned placed in envelope, and placed on left side of the "hard folder" of this case as directed.(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,
Plaintiffs,
v.
JOHN HAMM, in his
official capacity as
Commissioner of
the Alabama Department of
Corrections, et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv601-MHT
(WO)

ORDER
On October 26, 2023, pro se inmate Elbert Ballard
filed a motion to intervene (Doc. 4059) in this case.

On

October 27, 2023, the court entered an order (Doc. 4060)
denying the motion and noting that Ballard could file a
separate and independent lawsuit asserting his claim that
he has been wrongfully retaliated against by certain
persons employed by the Alabama Department of Corrections
because he testified in this case in 2016.
After denying the motion, the court received several
more documents from Ballard, including a motion seeking

to freeze the assets of the Department of Corrections.
See Order (Doc. 4072).

The court instructed the clerk

of court to return those documents.

Id.

The court has now recently received a second motion
to freeze from Ballard.

As with the previous motion to

freeze, the new motion should be returned to Ballard
because he is not a party to this case.

Moreover, in the

meantime, Ballard has filed a new and separate lawsuit
against the Medical Staff at Hamilton A&I.
v.

Medical

Staff

2:23cv00698-MHT.

at

Hamilton

Aged

See Ballard
&

Infirmed,

In this new lawsuit, he has submitted

documents similar and identical to the ones he sent to
the court in this case.
Accordingly, it is ORDERED as follows:
(1) The clerk of court is not to file the recent
document containing a motion to freeze by Elbert
Ballard, but rather is to return the document to
Ballard.
make

a

But before doing so, the clerk is to
copy

of

the

document,

put

it

in

an

envelope, and put the envelope on the left side
2

of the “hard folder” of this case, along with
all the other inmate letters received by the
court regarding this case.
(2) Ballard is not to submit any more documents for
filing in this case, for he has been denied
intervention.

But if he should, the clerk of

the court is to return the documents to him,
after making a copy of them, putting them in an
envelope, and putting the envelope on the left
side of the “hard folder” of this case, along
with all the other inmate letters received by
the court regarding this case.
DONE, this the 7th day of December, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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