Woodyard v. Mitchell et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DRAPER FRANK WOODYARD, 	*
# 183250, 	*
*
Plaintiff, 	*
* CIVIL ACTION NO. 24-00288-JB-B
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. 	(Docs. 5, 6). 	In light of
the 	foregoing, 	the 	undersigned 	Magistrate 	Judge’s 	report 	and
recommendation 	dated 	November 	13, 	2024 	(Doc. 	4), 	is 	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WITHDRAWN.1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).
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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. 	(See
Doc. 6). 	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.
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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
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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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