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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DRAPER FRANK WOODYARD,
# 183250,

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* CIVIL ACTION NO. 24-00288-JB-B
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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WITHDRAWN.1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

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