Pate v. United States of America (INMATE 3)
| Frank Edwin Pate |
| Donald Trump, Walter Woods, Jeff Sessions, Amos L. Mazzant and United States of America |
| 2:2018cv00840 |
| September 27, 2018 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 |
| None |
Docket Report
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This docket was last retrieved on August 12, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 NOTICE to Court with attached letter to Congress in Washington DC by Frank Edwin Pate. (dmn, ) |
Filing 16
ORDER ON MOTION: ORDER denying #15 Motion for Hearing. Signed by Honorable Judge Charles S. Coody on 11/13/2018. (wcl, )
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| Filing 15 MOTION for Hearing by Frank Edwin Pate. (dmn, ) |
| Filing 14 REPORT AND RECOMMENDATION of the Magistrate Judge that this case be TRANSFERRED to the United States District Court for the Eastern District of Texas under 28 USC 1631; Objections to R&R due by 11/19/2018. Signed by Honorable Judge Charles S. Coody on 11/5/18. (djy, ) |
| Filing 13 Response to #9 Order by Frank Edwin Pate. (djy, ) |
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Filing 12
ORDER directing that petitioner's #11 objections are overruled. Signed by Honorable Judge Myron H. Thompson on 10/26/18. (djy, )
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| Filing 11 Objections for the records filed by Frank Edwin Pate. (djy, ) |
| Filing 10 REQUEST for Admissions by Frank Edwin Pate.(djy, ) |
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Filing 9
ORDER: Because the court is construing Pate's petition as a 2255 motion, Pate shall inform the court by October 31, 2018, if his wishes to do one of the following: (1) Continue to proceed before this court under 28 U.S.C. 2255 on the claims he presents in the construed 2255 motion (Doc. 8); or (2) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his convictions and sentence; or (3) Withdraw the construed 2255 motion and dismiss this action. It is further ORDERED that the United States of America shall henceforth be listed as the sole respondent in this case. Signed by Honorable Judge Charles S. Coody on 10/17/2018. (kh, )
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| MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Frank Edwin Pate, construed in the court's #9 order (no pdf document attached to this entry - see docket entry #8 for pdf)(kh, ) |
| Filing 8 AMENDED PETITION for Writ of Habeas Corpus, filed by Frank Edwin Pate. (Attachments: #1 Exhibit A)(djy, ) |
| Filing 7 DECLARATION of facts by Frank Edwin Pate. (djy, ) |
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Filing 6
ORDER ON MOTION construing #5 notice as a MOTION; denying #5 Motion for the court to declare the listed statements as law. Signed by Honorable Judge Charles S. Coody on 10/10/18. (djy, )
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| MOTION for the court to declare the listed statements as law by Frank Edwin Pate (NO PDF document attached to this notice-See Docket entry #5 ). (djy, ) |
| Filing 5 NOTICE (REQUEST FOR DECLARATION OF RIGHTS IN LAW) by Frank Edwin Pate (kh, ) |
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Filing 4
OPINION AND ORDER: ORDERED that petitioner's objection (doc. no. #3 ) to the order of the United States Magistrate Judge is overruled, and his request for an Article III judge to handle all matters in this case (doc. no. #3 ) is denied. Pursuant to 28 U.S.C. 636(b)(1) and (3), the magistrate judge has been designated by this court to enter orders on certain pretrial matters and to enter proposed findings of fact and a recommendation to the district judge for disposition of the petition. The district judge will decide whether to adopt the recommendation after hearing objections from the petitioner and/or respondents. The provisions requiring the parties to consent to a magistrate judge's jurisdiction do not apply when the district judge retains final authority to decide the case. Signed by Honorable Judge Myron H. Thompson on 10/9/2018. (kh, )
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| Filing 3 Objections to #2 Order and Request for Article III Judge filed by Frank Edwin Pate. (djy, ) |
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Filing 2
ORDERED that on or before October 15, 2018, Pate shall file an amended 28 U.S.C. 2241 petition in which he (i) identifies the proceeding wherein the United States failed to meet its burden of proof, and (ii) states how this proceeding resulted in his unlawful detention. This action will therefore proceed only on the claim(s) presented in the amended petition. Pate is advised that if he seeks to challenge his exposure to bat guano while confined at Maxwell he may do so by filing a separate Bivens civil rights action with this court. Pate is cautioned that if he fails to file an amended petition in compliance with this order the undersigned will recommend dismissal of this case for such failure.The Clerk is DIRECTED to furnish Pate with a form for use in filing a petition under 28 U.S.C. 2241 and Pate shall use this form in filing his amended petition. Signed by Honorable Judge Charles S. Coody on 9/28/2018. (kh, )).
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| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number 4602050833.), filed by Frank Edwin Pate. (Attachments: #1 Receipt)(beh, ) |
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