Lee v. Givens, et al(INMATE 3)
| Rashad C. Lee |
| Gwendolyn Givens and Steven T. Marshall |
| 2:2019cv00471 |
| July 2, 2019 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 11
ORDER: This cause is now before the court on the petitioner's #8 Notice of Appeal, which the court is treating as a Motion to proceed on appeal in forma pauperis. It is ORDERED that the petitioner's motion to proceed on appeal in forma pauperis is denied; and that the appeal in this cause is certified, pursuant to 28 U.S.C. 1915(a)(3), as not taken in good faith. signed by Honorable Judge Myron H. Thompson on 8/29/2019. Furnished to Appeals Clerk. (dmn, )
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| Filing 10 USCA Case Number 19-13246-J for #8 Notice of Appeal filed by Rashad C. Lee. Fee Status: IFP Granted. (dmn, ) |
| Filing 9 Transmission of #8 Notice of Appeal, #6 Opinion, #7 Judgment, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, ) |
| MOTION for Leave to Appeal in forma pauperis by Rashad C. Lee. (dmn, ) (NO PDF, see Doc. #8 for pdf.) |
| Filing 8 PRO SE NOTICE OF APPEAL by Rashad C. Lee as to #6 Opinion, and #7 Judgment entered 7/31/2019. (dmn, ) |
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Filing 7
JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) Petitioner's objections (doc. no. #5 ) are overruled. (2) The United States Magistrate Judge's recommendation (doc. no. #4 ) is adopted. (3) The petition for writ of habeas corpus (doc. no. #1 ) is dismissed without prejudice because the required permission has not been obtained from the Eleventh Circuit Court of Appeals. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 7/31/2019. (Attachments: #1 Civil Appeals Checklist)(kh, )
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| Filing 6 OPINION. Signed by Honorable Judge Myron H. Thompson on 7/31/2019. (kh, ) |
| Filing 5 OBJECTION to #4 Report and Recommendations by Rashad C. Lee. (kh, ) |
| Filing 4 RECOMMENDATION OF THE MAGISTRATE JUDGE that Lee's 2254 petition for writ of habeas corpus be DISMISSED for lack of jurisdiction, because it is a successive petition filed without the required authorization of the Eleventh Circuit Court of Appeals, 28 U.S.C. 2244(b)(3)(A). Objections to R&R due by 7/23/2019. Signed by Honorable Judge Charles S. Coody on 7/9/2019. (kh, ) |
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Filing 3
ORDER ON MOTION: Petitioner's application to proceed in forma pauperis (Doc. #2 ) is GRANTED. Signed by Honorable Judge Charles S. Coody on 7/8/2019. (kh, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Rashad C. Lee. (arc, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Rashad C. Lee. (Attachments: #1 Statement, #2 Brief, #3 Supporting Documents, #4 Affidavit)(arc, ) |
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