Johnson v. Marshall et al (INMATE 3)
Plaintiff: David Lamar Johnson
Defendant: Gary Ray Maxwell, State of Alabama, Dewayne Estes, Steven T. Marshall, Steven Parrish, Patrick B. Jones, III, Arthur Ross Medley, Christopher Gordy and Luther Strange
Case Number: 1:2019cv00772
Filed: October 11, 2019
Court: US District Court for the Middle District of Alabama
Presiding Judge: W Harold Albritton
Referring Judge: Susan Russ Walker
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2019 Opinion or Order Filing 11 FINAL JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that judgment is entered in favor of the Respondents and against the Petitioner and this action is DISMISSED under 28 USC 2244(b)(3); DIRECTING the Clerk to enter this document on the docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge W. Harold Albritton, III on 11/20/2019. (Attachments: #1 Civil Appeals Checklist)(amf, )
November 20, 2019 Opinion or Order Filing 10 ORDER: it is ORDERED that: 1) The Magistrate Judge's #9 Recommendation is ADOPTED; and 2) This case is DISMISSED for lack of jurisdiction, in accordance with the provisions of 28 USC 2244(b)(3)(A), because Petitioner has not obtained the required permission from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider Petitioner's successive habeas application; A final judgment will be entered separately. Signed by Honorable Judge W. Harold Albritton, III on 11/20/2019. (amf, )
November 19, 2019 No objections filed to the #9 Recommendation. (No pdf attached to this entry) (wcl, )
October 28, 2019 Opinion or Order Filing 9 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that the 28 USC 2254 petition for habeas corpus relief filed by Johnson be DISMISSED for lack of jurisdiction, in accordance with the provisions of 28 USC 2244(b)(3)(A), because Johnson has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application; Objections to R&R due by 11/12/2019. Signed by Honorable Judge Susan Russ Walker on 10/28/2019. (wcl, )
October 11, 2019 Filing 8 Case transferred in from Northern District of Alabama; Case Number 5:19-cv-00836-MHH-SGC; Original file with certified copies of transfer order and docket sheet received ELECTRONICALLY via EMAIL from ALND Clerk. (wcl, )
October 11, 2019 Opinion or Order Filing 7 TRANSFER ORDER, entered in ALND - Consistent with the accompanying memorandum opinion, the Court transfers David Lamar Johnsons habeas petition to the United States District Court of the Middle District of Alabama pursuant to 28 USC 2241(d). Signed by Judge Madeline Hughes Haikala on 10/11/2019.(wcl, )
October 11, 2019 Filing 6 MEMORANDUM OPINION, entered in ALND - Having reviewed and considered the materials in the record, the Court adopts the magistrate judges report and accepts her recommendation. Accordingly, the Court will transfer this case to the United States District Court for the Middle District of Alabama pursuant to 28 USC 2241(d). Signed by Judge Madeline Hughes Haikala on 10/11/2019.(wcl, )
July 19, 2019 Filing 5 MAGISTRATE JUDGES REPORT AND RECOMMENDATION, entered in ALND - For the foregoing reasons, the undersigned RECOMMENDS this action be TRANSFERRED to the Middle District of Alabama. Objections to R&R due by 8/2/2019. Signed by Magistrate Judge Staci G Cornelius on 7/19/2019.(wcl, )
July 15, 2019 Filing 4 AMENDED PETITION for Writ of Habeas Corpus, filed in ALND by David Lamar Johnson.(wcl, )
June 10, 2019 Opinion or Order Filing 3 ORDER, entered in ALND - While the undersigned deemed the petitioners motion to dismiss Case No. 18-2020 sufficient to open the instant action, the motion is not sufficient to allow the action to move forward. The petitioner must file an amended habeas petition, using the standard form used by the court for habeas corpus claims. Signed by Magistrate Judge Staci G Cornelius on 6/10/2019. (wcl, )
May 31, 2019 Filing 2 PETITION for Writ of Habeas Corpus (Filing fee $ 5. rec# B4601097228), filed in ALND by David Lamar Johnson. (originally filed in 5:18-cv-2020-RDP 12 and ordered to open a new case (5:18-cv-2020-RDP 14 ).(wcl, )
May 31, 2019 Opinion or Order Filing 1 ORDER, entered in ALND, in 5:18-cv-2020-RDP directing the clerk to open a new 28:2254 action with document 12 as the initial pleading and apply the $5.00 filing fee of 5/2/2019 to the new action. Signed by Magistrate Judge Staci G Cornelius on 5/31/2019. (wcl, )

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Defendant: Gary Ray Maxwell
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Defendant: State of Alabama
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Defendant: Dewayne Estes
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Defendant: Steven T. Marshall
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Defendant: Steven Parrish
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Defendant: Patrick B. Jones, III
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Defendant: Arthur Ross Medley
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Defendant: Christopher Gordy
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Defendant: Luther Strange
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Plaintiff: David Lamar Johnson
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