McConico v. Alabama Board of Pardons & Parole et al (INMATE 3)

Plaintiff: James McConico, Jr.
Defendant: Eddie Cook, Alabama Board of Pardons & Parole, Lyn Head, Clifford Walker, Terry Davis, Steven T. Marshall and Patrice Richie
Case Number: 2:2019cv00111
Filed: February 8, 2019
Court: US District Court for the Middle District of Alabama
0 Judge: Myron H Thompson
1 Judge: Susan Russ Walker
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None

Docket Report

This docket was last retrieved on April 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2019 Opinion or Order 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, )
April 2, 2019 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, ).
March 27, 2019 Filing 24 MOTION to Hold in Abeyance the Court's Decision by James McConico, Jr. (djy, )
March 18, 2019 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, )
March 18, 2019 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, )
March 18, 2019 Opinion or Order 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, )
March 18, 2019 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)
March 18, 2019 Opinion or Order 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, )
March 15, 2019 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)
March 6, 2019 Opinion or Order 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, )
March 4, 2019 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, )
February 27, 2019 Opinion or Order 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, )
February 26, 2019 Filing 15 MOTION for Leave to File Partial Motion for Summary Judgment by James McConico, Jr. (Attachments: #1 Partial Motion for Summary Judgment)(kh, )
February 26, 2019 Opinion or Order 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, )
February 25, 2019 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)
February 25, 2019 Filing 12 Corporate/Conflict Disclosure Statement by Alabama Board of Pardons & Parole, Eddie Cook, Terry Davis, Lyn Head, Clifford Walker. (Beckman, Morgan)
February 20, 2019 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, )
February 20, 2019 Opinion or Order 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, )
February 19, 2019 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, )
February 19, 2019 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, )
February 19, 2019 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, )
February 12, 2019 Opinion or Order 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, )
February 12, 2019 Opinion or Order 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, )
February 12, 2019 Opinion or Order 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, )
February 12, 2019 Opinion or Order 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, )
February 8, 2019 Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by James McConico, Jr. (beh, )
February 8, 2019 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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Search for this case: McConico v. Alabama Board of Pardons & Parole et al (INMATE 3)
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Plaintiff: James McConico, Jr.
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Defendant: Eddie Cook
Represented By: Morgan Booker Beckman
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Defendant: Alabama Board of Pardons & Parole
Represented By: Morgan Booker Beckman
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Defendant: Lyn Head
Represented By: Morgan Booker Beckman
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Defendant: Clifford Walker
Represented By: Morgan Booker Beckman
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Defendant: Terry Davis
Represented By: Morgan Booker Beckman
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Defendant: Steven T. Marshall
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Defendant: Patrice Richie
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