Presley v. Gonzalez et al (INMATE1)

Case Number: 2:2005cv00259
Filed: March 18, 2005
Court: Alabama Middle District Court
Office: Montgomery Office
Presiding Judge: W. Harold Albritton
Referring Judge: Wallace Capel
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
March 23, 2005 2 Opinion or Order of the Court REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus that: 1. Petitioner's claim of actual innocence and his allegation of ineffective assistance of counsel be dismissed with prejudice as such claims go to the validity of the fir earm conviction and are not properly before this court in a 28 U.S.C. 2241 petition for habeas corpus relief. 2. Petitioner's claim challenging the denial of early release be referred back to the undersigned for appropriate proceedings. Objections to R&R due by 4/6/2005. Signed by Judge Vanzetta P. McPherson on 3/23/2005. (dmn)

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