Culver v. Valenza et al (INMATE 3)
| Victor Jandell Culver |
| Austin Arnold, Greg Lee, Angelica Black, Steven T. Marshall, Board of Pardon and Paroles, Dwayne Spurlock, Cliff Walker and Donald Valenza |
| 1:2020cv00769 |
| September 25, 2020 |
| US District Court for the Middle District of Alabama |
| Emily C Marks |
| Susan Russ Walker |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Mail Returned as Undeliverable. #7 Amended 1983 Inmate Complaint and #10 Order mailed to Donald Valenza returned by USPS with the following notation, "Return to Sender, Not Deliverable as Addressed, Unable to Forward." (dmn, ) (no pdf) |
Filing 25
ORDER: It is ORDERED that on or before 12/9/2020, Culver shall SHOW CAUSE why his 2254 Petition should not be dismissed without prejudice to allow him to exhaust his state court remedies. Signed by Honorable Judge Susan Russ Walker on 11/18/2020. (dmn, )
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Filing 24
ORDER ON MOTION: The Motion to Withdraw as Counsel (Doc. #21 ) is DENIED as moot. Signed by Honorable Judge Susan Russ Walker on 11/18/2020. (dmn, )
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Filing 23
ORDER ON MOTION: Assistant Attorney General for the State of Alabama Stephen N. Dodd moves this Court to allow him to withdraw as counsel for Respondents. (Doc. #22 .) Upon consideration of the motion to withdraw as counsel, and for good cause, it is ORDERED that the motion (Doc. #22 ) is GRANTED. Signed by Honorable Judge Susan Russ Walker on 11/18/2020. (dmn, )
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| AO FORM 85 mailed to George Gregory Locklier, counsel for Board of Pardon and Paroles, Steven T. Marshall, Donald Valenza. (dmn, ) 9 (no pdf) |
| *** Attorney Stephen Norwood Dodd terminated pursuant to Court #23 Order. (dmn, ) (no pdf) |
| ANSWER to #7 Petition for Writ of Habeas Corpus by Board of Pardon and Paroles, Steven T. Marshall, Donald Valenza.(dmn, ) (no pdf, see Doc. #20 for pdf; wrong event code selected) |
| Filing 22 Amended MOTION to Withdraw as Attorney by Steven T. Marshall, Donald Valenza. (Dodd, Stephen) |
| Filing 21 MOTION to Withdraw as Attorney by Steven T. Marshall, Donald Valenza. (Dodd, Stephen) |
| Filing 20 (Answer to Habeas Petition) Special Report to Inmate 1983 Complaint by Board of Pardon and Paroles, Steven T. Marshall, Donald Valenza.(Locklier, George) Modified on 11/18/2020 to correct the docket text to reflect as an Answer to Habeas Petition - No Special Report is due in this action (wcl, ). |
| Filing 19 NOTICE of Appearance by George Gregory Locklier on behalf of Board of Pardon and Paroles, Steven T. Marshall, Donald Valenza (Locklier, George) |
| Filing 18 Corporate/Conflict Disclosure Statement by Board of Pardon and Paroles. (Locklier, George) |
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Filing 17
ORDER directing that: (1) The order entered on 9/30/2020 (Doc. #3 ) is VACATED except to the extent it grants Petitioner leave to proceed in forma pauperis; (2) Jail officials shall not deduct or transmit any additional funds from Petitioner's jail account for payment of the filing fee; directing the Clerk to: (1) Undertake measures to return to Petitioner $30.16 of the money received on 11/12/2020; (2) Remand $30.16 to the account clerk at the Houston County Jail for deposit to Petitioner's inmate account at that facility; (3) Not accept any subsequent payments from jail officials or from Petitioner regarding payment of a filing fee associated with this case; (4) Provide a copy of this order to the inmate account clerk at the Houston County Jail. Signed by Honorable Judge Susan Russ Walker on 11/16/2020. Furnished to cashier.(djy, )
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| Filing 16 Partial Filing fee received: $ 35.16, receipt number 4602060165 (dmn, ) |
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Filing 15
ORDER ON MOTION: Respondents have filed a Motion for More Definite Statement (Doc. #14 ) asking this court to order Petitioner Culver to provide a more definite statement of his claims, in particular explaining whether the claims challenge the revocation of Culver's parole under 28 U.S.C. 2254, or whether the claims challenge the revocation of Culver's parole under 28 U.S.C. 2254, or whether the claims challenge Culver's pretrial detention under 28 U.S.C. 2241. This court agrees with Respondents that Culver's filing is not a model of clarity. However, from a review of Culver's habeas petition (See Doc. #7 at 5-19), the court finds Culver is challenging his August 2020 state parole revocation in CC-10-0300 (Houston County Circuit Court) under 28 U.S.C. 2254. This case will proceed as a petition for writ of habeas corpus under 28 U.S.C. 2254 challenging Culver's parole revocation. It is ORDERED that Respondents' Motion for More Definite Statement (Doc. #14 ) is DENIED. The court construes Respondents' motion also to contain a Motion for Extension of Time. The motion having been considered, it is ORDERED that Respondents' Motion for Extension of Time (Doc. #14 ) is GRANTED. Further, it is ORDERED that Respondents are GRANTED an extension from 11/23/2020, to and including 11/30/2020, to file an answer to Culver's 2254 petition challenging his parole revocation. Signed by Honorable Judge Susan Russ Walker on 11/9/2020. (dmn, )
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| Filing 14 MOTION for More Definite Statement by Steven T. Marshall, Donald Valenza. (Dodd, Stephen) |
| Filing 13 NOTICE of Appearance by Stephen Norwood Dodd on behalf of Steven T. Marshall, Donald Valenza (Dodd, Stephen) |
| Filing 12 Corporate/Conflict Disclosure Statement by Steven T. Marshall, Donald Valenza. (Dodd, Stephen) |
| MOTION for Extension of Time to File Answer re #7 Petition for Writ of Habeas Corpus by Steven T. Marshall, Donald Valenza. (dmn, ) (no pdf, see Doc. #14 for pdf) |
| Filing 11 Return Receipt Card showing service of #7 Petition and #10 Order signed by J. Taylor for The Attorney General of the State of Alabama, Steven T. Marshall served on 11/4/2020, answer due 11/23/2020. (dmn, ) |
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Filing 10
ORDER TO ANSWER habeas petition on or before 11/23/2020 as further set out in the order. Copy mailed to petitioner; mailed CMRRR w/copies of petition (Doc. #7 ) to Attorney General of the State of Alabama and Sheriff Donald Valenza, Houston County, Alabama Jail. Signed by Honorable Judge Susan Russ Walker on 11/2/2020. (dmn, )
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Filing 9
ORDER: The Clerk of Court is DIRECTED to modify the docket to add Sheriff Donald Valenza of the Houston County, Alabama Jail and Steven Marshall, Attorney General for the State of Alabama, as Respondents in this case and to dismiss Parole Board Member Greg Lee and Dothan Police Officer Austin Arnold as Respondents. Signed by Honorable Judge Susan Russ Walker on 11/2/2020. (dmn, )
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Filing 8
ORDER: Victor J. Culver initiated this case as a 42 U.S.C. 1983 civil action. Doc. #1 . In response to the orders of this court requiring that he file an amended complaint, Doc. #4 and Doc. #6 , Culver submitted a complaint form and in identifying his grounds for relief stated "see petition for habeas corpus[.]" Doc. #7 at 2. Attached to the complaint is a 28 U.S.C. 2254 petition for writ of habeas corpus in which Culver challenges the revocation of his parole and seeks his release from confinement. Doc. #7 at 5-19. Claims challenging the constitutionality of actions undertaken by a parole officer and/or members of the parole board with respect to any adverse decision related to parole provide no basis for relief under 1983 at this time. Hence, any claim attacking the validity an adverse parole decision is not cognizable under 1983 as it provides no basis for relief at this time. Based on the foregoing and as Culver filed a 28 U.S.C. 2254 petition for writ of habeas corpus challenging the revocation of parole, the undersigned finds that this case should henceforth proceed as an action seeking habeas relief under 28 U.S.c. 2254. The Clerk is DIRECTED to undertake those measures necessary to identify the instant case as one filed pursuant to 28 U.S.C. 2254. Signed by Honorable Judge Susan Russ Walker on 10/30/2020. (dmn, )
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| PETITION for Writ of Habeas Corpus, filed by Victor Jandell Culver.(dmn, ) (no pdf, see Doc. #7 for pdf) |
| Filing 7 AMENDED Inmate 1983 COMPLAINT against Austin Arnold, Greg Lee, Board of Pardon and Paroles, filed by Victor Jandell Culver.(bes, ) |
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Filing 6
ORDER: it is ORDERED that the #5 amended complaint be stricken from the docket and returned to the plaintiff; it is ORDERED that on or before 10/30/2020, the plaintiff shall file an amended complaint that, as further set out in order; DIRECTING the Clerk to provide him with a copy of the form used by prisoners to file 1983 complaints, and the plaintiff shall use this form in filing his amended complaint. Signed by Honorable Judge Susan Russ Walker on 10/9/2020. (Inmate 1983 Complaint form mailed to Plaintiff as directed)(amf, )
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| Filing 5 (STRICKEN AND RETURNED TO PLAINTIFF PURSUANT TO THE COURT'S #6 ORDER) AMENDED Inmate 1983 COMPLAINT against Austin Arnold, Greg Lee, filed by Victor Jandell Culver.(amf, ) (Main Document 5 replaced on 10/9/2020) (amf, ). Modified on 10/9/2020 (amf, ). |
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Filing 4
ORDER that on or before 10/20/2020 the plaintiff shall file an amended complaint as further set out in the order. To aid the plaintiff in filing an amended complaint in response to the directives of this order, the Clerk is DIRECTED to provide him with a copy of the form used by prisoners to file 1983 complaints, and the plaintiff shall use this form in filing his amended complaint as directed by this order. The amended complaint filed in response to this order will supersede the initial amended complaint. Thus, the court will consider only those claims set forth in the amended complaint and the defendant(s) named in the amended complaint filed in compliance with this order. Signed by Honorable Judge Susan Russ Walker on 9/30/2020. Copy with Inmate 1983 Complaint form mailed to Plaintiff as directed.(dmn, )
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Filing 3
(VACATED PURSUANT TO #17 ORDER) ORDER ON MOTION directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting #2 Motion for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at Houston County Jail. Signed by Honorable Judge Susan Russ Walker on 9/30/2020. Furnished cashier. (dmn, ) Modified on 11/16/2020 (djy, ).
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Victor Jandell Culver. (Attachments: #1 Supporting Document)(es, ) |
| Filing 1 Inmate 1983 COMPLAINT against Austin Arnold, Angelica Black, Greg Lee, Dwayne Spurlock, Cliff Walker, filed by Victor Jandell Culver.(es, ) |
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