Woodyard v. Mitchell et al

Filing 7

ORDER WITHDRAWING 4 REPORT AND RECOMMENDATION and DENYING without prejudice 6 MOTION to Proceed Without Prepayment of Fees. The Court is DIRECTED to mail copy of 6 IFP Motion filed 11/19/2024; Woodyard is ORDERED to submit IFP to Limestone busi ness office by 12/15/2024; Warden of Limestone Correctional is ORDERED to complete the "Certificate" on Woodyards IFP form, provide a financial statement reflecting all transactions in Woodyard's inmate account from March 2024 through the present, and return Woodyard's completed IFP form (including the completed "Certificate" on page 5 of the motion form and Woodyard's inmate financial statement) to this Court on or before 12/31/2024. Signed by Magistrate Judge Sonja F. Bivins on 11/25/2024. (Copy to Limestone and Woodyard) (cjr)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DRAPER FRANK WOODYARD, # 183250, * * * * * CIVIL ACTION NO. 24-00288-JB-B * * * * * Plaintiff, vs. MICHAEL MITCHELL, et al., Defendants. ORDER This action is before the Court on review. On November 19, 2024, the Court received Plaintiff Draper Frank Woodyard’s amended complaint and motion to proceed without prepayment of fees, both of which were dated October 24, 2024. the foregoing, recommendation the undersigned dated November (Docs. 5, 6). Magistrate 13, 2024 Judge’s (Doc. 4), In light of report is and hereby WITHDRAWN.1 The Court notes that Woodyard’s motion to proceed without prepayment of fees (”IFP”) is fully completed, except that it does not include a certificate completed and signed by an authorized 1 On September 30, 2024, the Court ordered Woodyard to file an amended complaint, and to either pay the $405.00 filing fee or file a motion to proceed without prepayment of fees, on or before October 30, 2024. (Doc. 3). On November 13, 2024, after receiving no response from Woodyard by the October 30, 2024 deadline, the undersigned entered a report and recommendation recommending that this action be dismissed for failure to prosecute and failure to comply with the Court’s order. (Doc. 4). prison official and does not include a financial statement reflecting all transactions in Woodyard’s inmate account for the six months immediately preceding the filing of this action. Doc. 6). (See Woodyard indicates that he has been unable to obtain the completed certificate and financial statement because the Business Office at Limestone Correctional Facility will not “verify the account.” (Id. at 1). The Court takes judicial notice of the fact that Woodyard has several cases currently pending before this Court, and in his case styled Draper Frank Woodyard versus Baldwin County Sheriff’s Department, et al, Civil Case No. 24-00234-TFM-N, U.S. Magistrate Judge Katherine Nelson, in an Order dated October 10, 2024 (Doc. 23), set forth the Limestone procedures Woodyard must follow in order to obtain a certified copy of the account statement needed for an IFP application. Per the Order, Woodyard is required to: 1. Request a copy of his inmate account statement on the correct form required by Limestone; 2. Give a completed copy of the IFP application to the Limestone business office with his request; and 3. Provide a stamped envelope, addressed to the Court, for the business office to use to mail his completed IFP application (with his certificate account statement) to the Court. 2 See Woodyard v. Baldwin County Sheriff’s Department, et al, Civil Case No. 24-00234-TFM-N, (Doc. 23). Because it does not appear that Woodyard has followed the Limestone procedures, his IFP motion is DENIED without prejudice, and Woodyard is granted leave to follow the procedures set forth above. The Clerk of Court is hereby DIRECTED to mail Woodyard a copy of his IFP form filed with this Court on November 19, 2024 (Doc. 6), and Woodyard is hereby ORDERED to submit the completed IFP form to the Limestone business office by December 15, 2024, along with a stamped envelope, addressed to the Court, for the business office to use to mail Woodyard’s completed IFP motion (along with his certified account statement) to the Court. The Clerk is also DIRECTED to send the Limestone Correctional Facility business office a copy of this order. The Warden of Limestone Correctional Facility is hereby ORDERED to designate and direct an authorized official in the Limestone Correctional Facility Business Office to: (1) upon submission by Woodyard’s of his IFP form, to complete the “Certificate” on Woodyard’s IFP form; (2) provide a financial statement reflecting all transactions in Woodyard’s inmate account from March 2024 through the present; and (3) return Woodyard’s completed IFP form (including the completed “Certificate” on page 5 of the motion form and Woodyard’s 3 inmate financial statement) to this Court on or before December 31, 2024. DONE this 25th day of November, 2024. /s/ SONJA F. BIVINS UNITED STATES MAGISTRATE JUDGE 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?