McConico v. Alabama Board of Pardons & Parole et al (INMATE 3)
| James McConico, Jr. |
| Eddie Cook, Alabama Board of Pardons & Parole, Lyn Head, Clifford Walker, Terry Davis, Steven T. Marshall and Patrice Richie |
| 2:2019cv00111 |
| February 8, 2019 |
| US District Court for the Middle District of Alabama |
| Myron H Thompson |
| Susan Russ Walker |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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Filing 26
ORDERED that on or before April 22, 2019, McConico shall SHOW CAUSE why his federal habeas corpus petition should not be dismissed without prejudice for his failure to exhaust state court remedies. Signed by Honorable Judge Susan Russ Walker on 4/2/2019. (kh, )
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| Filing 25 Supplemental Special Report and ANSWER to Complaint by Alabama Board of Pardons & Parole, Eddie Cook, Terry Davis, Lyn Head, Clifford Walker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Beckman, Morgan) Modified on 4/3/2019 to clarify the test (kh, ). |
| Filing 24 MOTION to Hold in Abeyance the Court's Decision by James McConico, Jr. (djy, ) |
| Filing 23 Courtesy copy of Petition for Writ of Mandumus filed on March 15, 2019 in the 11th Circuit Court of Appeals received for Judge Susan Russ Walker. (dmn, ) |
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Filing 22
ORDERED that by April 2, 2019, Respondents shall file a supplemental answer that includes copies of the following state court records: 1. Petitioner's petition for writ of certiorari and affidavit of substantial hardship filed with the Montgomery County Circuit Court around November 8, 2018. 2. The order of the Montgomery County Circuit Court denying Petitioner's substantial hardship request. 3. Petitioner's motion to reconsider the denial of his substantial hardship request. 4. The order of the Montgomery County Circuit Court denying Petitioner's motion to reconsider the denial of his substantial hardship request. Signed by Honorable Judge Susan Russ Walker on 3/18/2019. (kh, )
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| Filing 21 Special Report and ANSWER to Complaint by Alabama Board of Pardons & Parole, Eddie Cook, Terry Davis, Lyn Head, Clifford Walker. (Attachments: #1 Exhibit A)(Beckman, Morgan) |
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Filing 20
ORDER denying #19 Motion for Leave to File Motion to Dismiss. Signed by Honorable Judge Susan Russ Walker on 3/18/2019. (kh, )
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| AO FORM 85 mailed to counsel for Alabama Board of Pardons & Parole, Eddie Cook, Terry Davis, Lyn Head, Clifford Walker (no pdf document attached to this entry)(kh, ) |
| Filing 19 MOTION for Leave to File Motion to Dismiss by Alabama Board of Pardons & Parole, Eddie Cook, Terry Davis, Lyn Head, Clifford Walker. (Beckman, Morgan) |
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Filing 18
ORDER: Upon consideration of Petitioner's "Motion to Compel Respondents to Transcribe His Parole Hearing Transcript" (Doc. No. #17 ), it is ORDERED that this motion is DENIED. Signed by Honorable Judge Susan Russ Walker on 3/6/2019. (kh, )
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| Filing 17 MOTION to Compel Respondents to Transcribe His Parole Hearing Transcript as Petitioner Will Not Adequately Be Able to Answer The Respondent's Response by James McConico, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B)(kh, ) |
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Filing 16
ORDER: Petitioner's motion for leave to file a motion for partial summary judgment (Doc. No. #15 ) is DENIED. Signed by Honorable Judge Susan Russ Walker on 2/27/2019. (kh, )
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| Filing 15 MOTION for Leave to File Partial Motion for Summary Judgment by James McConico, Jr. (Attachments: #1 Partial Motion for Summary Judgment)(kh, ) |
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Filing 14
ORDERED that this #13 motion is GRANTED. It is further ORDERED that Respondents be GRANTED an extension from March 5, 2019, to and including March 19, 2019, to file a answer to Petitioner's 2254 petition. Signed by Honorable Judge Susan Russ Walker on 2/26/2019. (kh, )
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| Filing 13 MOTION for Extension of Time to File Answer by Alabama Board of Pardons & Parole, Eddie Cook, Terry Davis, Lyn Head, Clifford Walker. (Beckman, Morgan) |
| Filing 12 Corporate/Conflict Disclosure Statement by Alabama Board of Pardons & Parole, Eddie Cook, Terry Davis, Lyn Head, Clifford Walker. (Beckman, Morgan) |
| Filing 11 Return Receipt Card showing service of #1 Petition for Writ of Habeas Corpus and #6 order signed by James Walters for Alabama Board of Pardons & Parole served on 2/5/2019, answer due 3/5/2019. (kh, ) |
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Filing 10
ORDER: The petitioner's motion to correct typographical error (Doc. No. #7 ) is GRANTED. Signed by Honorable Judge Susan Russ Walker on 2/20/2019. (kh, )
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| Filing 9 Return Receipt Card showing service of #1 Petition for Writ of Habeas Corpus and #6 order signed by Sandra Blackmon for Steven T. Marshall served on 2/15/2019, answer due 3/5/2019. (kh, ) |
| Filing 8 Return Receipt Card showing service of #1 Petition for Writ of Habeas Corpus and #6 order signed by Olivia Hicks for Patrice Richie served on 2/15/2019, answer due 3/5/2019. (kh, ) |
| Filing 7 MOTION to Correct The Typographical Error in the Caption of the Attached Claims to the Petitioner's Petition for Writ of Habeas Corpus by James McConico, Jr. (kh, ) |
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Filing 6
ORDER TO ANSWER habeas petition on or before March 5, 2019; Copy mailed to petitioner; mailed CMRRR w/copies of petition and this #6 order to to the Attorney General of the State of Alabama and to the General Counsel for the Alabama Board of Pardons and Paroles, and cause a copy of the same to be served upon Warden Patrice Richie. Signed by Honorable Judge Susan Russ Walker on 2/12/2019. (kh, )
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Filing 5
ORDER: The petitioner's application to proceed in forma pauperis in this habeas corpus action (Doc. No. #2 ) is hereby GRANTED. Signed by Honorable Judge Susan Russ Walker on 2/12/2019. (kh, )
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Filing 4
ORDER: The Clerk of Court is DIRECTED to modify the docket to add Patrice Richie (Warden, Bullock Correctional Facility) as a Respondent in this case. Signed by Honorable Judge Susan Russ Walker on 2/12/2019. (kh, )
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Filing 3
ORDERED that the instant petition for habeas corpus relief be construed as one filed under 28 U.S.C. 2254 and henceforth proceed as such a petition. Signed by Honorable Judge Susan Russ Walker on 2/12/2019. (kh, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by James McConico, Jr. (beh, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by James McConico, Jr. (Attachments: #1 Request for Production of Documents)(beh, ) |
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