Webb v. United States of America (INMATE 3)
| David Webb |
| United States of America |
| 2:2019cv00144 |
| February 20, 2019 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on March 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 MOTION for Status Check by David Webb. (wcl, ) |
Filing 7
ORDER: construing #5 Objections and Motion to Withdraw as a notice of voluntary dismissal under Rule 41(a)(1) FRCP; Rule 41(a)(1)(A)(i) provides that a plf may voluntarily dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment[.]" FRCP 41(a)(1)(A)(i); it is ORDERED that this action is DISMISSED without prejudice under FRCP 41(a)(1); DIRECTING the Clerk to close this case. Signed by Honorable Judge W. Harold Albritton, III on 3/19/2019. (Attachments: #1 Civil Appeals Checklist)(wcl, )
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Filing 6
ORDER: it is ORDERED that the #4 Recommendation of the Magistrate Judge, be and hereby is WITHDRAWN. Signed by Honorable Judge Charles S. Coody on 3/18/2019. (wcl, )
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| NOTICE of Voluntary Dismissal by David Webb, as construed in the Court's #7 Order. (No pdf attached to this entry - see doc #5 for pdf) (wcl, ) |
| Filing 5 Objection to #2 Order, filed by David Webb. (wcl, ) |
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Filing 4
(WITHDRAWN PURSUANT TO THE COURT'S #6 ORDER) RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that Webb's petition, construed as a 2255 motion, be DISMISSED, because this court is without jurisdiction to consider his challenge to his conviction and sentence entered by the United States District Court for the Eastern District of Virginia; Objections to R&R due by 3/29/2019. Signed by Honorable Judge Charles S. Coody on 3/15/2019. (wcl, ) Modified on 3/18/2019 (wcl, ).
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| MOTION to Withdraw #1 Motion to Vacate/Set Aside/Correct Sentence (2255) by David Webb. (No pdf attached to this entry - See doc #5 for pdf) (wcl, ) |
| Filing 3 DECLARATORY RELIEF by David Webb. (wcl, ) |
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Filing 2
ORDER: construing Webb's #1 petition as a 2255 motion; Webb shall inform the court by March 8, 2019 if his wishes to do one of the following: (1) Continue to proceed under 28 USC 2255 solely on the claim(s) he presents in the construed 2255 motion (Doc. #1 ); or (2) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his conviction and sentence; or (3) Withdraw the construed 2255 motion and dismiss this action, as further set out in order. Signed by Honorable Judge Charles S. Coody on 2/26/2019. (kr, )
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| MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by David Webb, as construed in the Court's #2 Order. (No pdf attached - See doc #1 for pdf)(kr, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by David Webb. (Attachments: #1 Eleventh Circuit Email, #2 Eleventh Circuit Letter) (NO FILING FEE - NO IFP) (beh, ) |
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| Defendant: United States of America | |
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| Plaintiff: David Webb | |
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