Boone v. Price et al (INMATE 3)
| Daoud Boone |
| Cheryl Price and Luther Strange |
| 2:2015cv00556 |
| August 3, 2015 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| Charles S. Coody |
| Myron H. Thompson |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
55
MEMORANDUM OPINION AND ORDER: This case is pending before the Court on a remand from the Eleventh Circuit Court of Appeals. On 1/5/2022, the Eleventh Circuit remanded this action to the district court for the limited purpose of determining whether Daoud Boone is entitled to a reopening of the time to file an appeal pursuant to FRAP 4(a)(6). The Court held an evidentiary hearing on 4/1/2022. For the reasons that follow, the Court finds that Boone is not entitled to a reopening of the time to a ppeal under FRAP 4(a)(6). Accordingly, pursuant to the directive of the Eleventh Circuit Court of Appeals remanding this case, the Court FINDS that Boone is neither eligible for nor deserving of Rule 4(a)(6) relief. The Clerk of the Court is DIRECTED to return this case, as supplemented, to the Eleventh Circuit Court of Appeals for further proceedings. Signed by Chief Judge Emily C. Marks on 4/5/2022. Furnished Appeals Clerk.(dmn, )
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Filing
49
ORDER finding that Boone has not made a substantial showing of the denial of a constitutional right. In addition, the Court is of the opinion that Boone's appeal has no legal or factual basis and, accordingly, is frivolous and not taken in good faith; DENYING 46 Motion for Certificate of Appealability. Signed by Chief Judge Emily C. Marks on 12/9/2021. Furnished to Appeals clerk. (djy, )
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Filing
43
ORDER construing the 42 pro se Notice of Appeal as containing a motion for a certificate of appealability and a motion to appeal in forma pauperis; the Court finding that Boone has not made a substantial showing of the denial of a constitutional right. In addition, the Court is of the opinion that Boone's appeal has no legal or factual basis and, accordingly, is frivolous and not taken in good faith, as further set out in order; denying Boone's denying 42 Motion for Leave to Appeal in forma pauperis and 42 Motion for Certificate of Appealability. Signed by Chief Judge Emily C. Marks on 11/8/2021. (djy, ) Modified on 11/8/2021 to clarify text to reflect as furnished to Appeals clerk (qc/djy, ).
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Filing
40
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows that: 1. the Petitioner's 30 objections are OVERRULED; 2. the 27 Recommendation of the Magistrate Judge is ADOPTED; 3. the petition for writ of habeas corpus is DENIED; and 4. this case is DISMISSED with prejudice. A separate judgment will be entered. Signed by Chief Judge Emily C. Marks on 9/15/2021. (bes, )
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