Melendez v. McClain et al (INMATE 3)
Plaintiff: Timothy Melendez
Defendant: Antonio McClain and Steven T. Marshall
Case Number: 1:2023cv00426
Filed: July 14, 2023
Court: US District Court for the Middle District of Alabama
Presiding Judge: Stephen Michael Doyle
Referring Judge: Myron H Thompson
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2023 Filing 14 RESPONSE to #13 Order to Show Cause, filed by Timothy Melendez. (am, )
August 8, 2023 Opinion or Order Filing 13 ORDER: it is ORDERED that by 8/28/2023 Melendez shall show cause why his 2254 petition should not be dismissed as untimely under AEDPA's one-year limitation period and for the other reasons argued by Respondents by Magistrate Judge Stephen Michael Doyle on 8/8/2023. (amf, )
August 7, 2023 Filing 12 RESPONSE to #1 Petition for Writ of Habeas Corpus by Steven T. Marshall, Antonio McClain. (Attachments: #1 Exhibit A - Volume 1 - Record on appeal, CR-17-1213, #2 Exhibit A - Volume 2 - Record on appeal, CR-17-1213, #3 Exhibit A - Volume 3 - Record on appeal, CR-17-1213, #4 Exhibit A - Volume 4 - Record on Appeal, CR-17-1213, #5 Exhibit B - Melendez's direct appeal brief, CR-17-1213, #6 Exhibit C - State's direct appeal brief, CR-17-1213, #7 Exhibit D - Court of Criminal Appeals' opinion, CR-17-1213, #8 Exhibit E - Certificate of Judgment, CR-17-1213)(Poe, Beth)
August 1, 2023 Filing 11 Filing fee received: $ 5.00, receipt number 2821. (amf, )
July 19, 2023 Filing 10 Return Receipt Card showing service of #1 Petition & #4 Order, signed by Sandra Blackmon for Steven T. Marshall, served on 7/18/2023, answer due 8/7/2023. (amf, )
July 19, 2023 Filing 9 Return Receipt Card showing service of #1 Petition & #4 Order, signed by Sharon Blakely for Antonio McClain, served on 7/18/2023, answer due 8/7/2023. (amf, )
July 19, 2023 Filing 8 AO FORM 85 sent to counsel for Antonio McClain & Steven T. Marshall; NOTICE TO COUNSEL: If the parties wish to consent to the jurisdiction of a US Magistrate Judge, counsel is required to print, sign and mail this form to all parties/counsel in this case. This form should not be returned to the Clerk's Office unless all parties have consented. (amf, )
July 19, 2023 Filing 7 NOTICE of Appearance by Beth Slate Poe on behalf of Steven T. Marshall, Antonio McClain (Poe, Beth)
July 19, 2023 Filing 6 Corporate/Conflict Disclosure Statement by Steven T. Marshall, Antonio McClain. (Poe, Beth)
July 17, 2023 Opinion or Order Filing 5 ORDER: it is ORDERED that Petitioner's #2 application for leave to proceed in forma pauperis in this habeas corpus action is GRANTED. Signed by Magistrate Judge Stephen Michael Doyle on 7/17/2023. (amf, )
July 17, 2023 Opinion or Order Filing 4 ORDER TO ANSWER habeas by 8/7/2023; Copy mailed to petitioner; mailed CMRRR w/copies of #1 petition to Warden Antonio McClain & Attorney General for the State of Alabama. Signed by Magistrate Judge Stephen Michael Doyle on 7/17/2023. (amf, )
July 14, 2023 Filing 3 Prisoner Trust Fund Account Statement by Timothy Melendez. (tls, )
July 14, 2023 Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Timothy Melendez. (tls, )
July 14, 2023 Filing 1 PETITION for Writ of Habeas Corpus, filed by Timothy Melendez.(tls, )

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Plaintiff: Timothy Melendez
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Defendant: Antonio McClain
Represented By: Beth Slate Poe
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Defendant: Steven T. Marshall
Represented By: Beth Slate Poe
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