Wells v. Peterson et al (INMATE 3)
||Kenneth Peterson and Luther Strange
||September 23, 2016
||US District Court for the Middle District of Alabama
||William Keith Watkins
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254
|Jury Demanded By:
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|July 17, 2018
ORDER directing that: (1) the 17 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) Petitioner Nicholas Wells 28 U.S.C. 2254 petition is DISMISSED without prejudice to the extent it challenges his controlled substance conviction s in Covington Circuit Court Case No. CC-03-414 as successive under 28 U.S.C. 2244(b) because he failed to obtain the requisite order from the U.S. Court of the Appeals for the Eleventh Circuit authorizing a federal district court to consider his successive habeas application as required by 2254(b) (3)(A); and (3) Mr. Wells' 2254 petition is DISMISSED with prejudice to the extent it challenges his convictions for breaking and entering a vehicle and first-degree receipt of stolen prop erty in Covington Circuit Court Case No. CC-02-417 because he failed to file his petition within the one-year limitation period in 28 U.S.C. 2244(d); directing the clerk to substitute Steven T. Marshall for Luther Strange as defendant pursuant to Rule 25(d) of the FRCP. Signed by Chief Judge William Keith Watkins on 7/17/18. (djy, )
|January 23, 2017
ORDER that: 1. The Magistrate Judge's 15 Recommendation is ADOPTED; 2. Plaintiff's 11 Petition for Writ of Mandamus is DENIED; and 3. To the extent the 11 Petition for Writ of Mandamus may be construed as a Motion for Production of documents, it is also DENIED. Signed by Chief Judge William Keith Watkins on 1/23/2017. (dmn, )
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