White v. United States of America (INMATE 3)
| Donald Ray White |
| United States of America and Walter Woods |
| 2:2019cv00474 |
| July 3, 2019 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
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Filing 13
ORDER: This cause is now before the court on the petitioner's notice of appeal (doc. no. #9 ), 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. Copies furnished to Appeals Clerk. (dmn, )
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Filing 12
ORDER OVERRULING petitioner's re #9 OBJECTIONS. Signed by Honorable Judge Myron H. Thompson on 8/28/19. (djy, )
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| Filing 11 USCA Case Number 19-13271-D for #9 Notice of Appeal filed by Donald Ray White. Fee Status: Fee Not Paid. No hearings to be transcribed. (dmn, ) |
| Filing 10 Transmission of #9 Notice of Appeal, #8 Opinion and Order, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, ) |
| MOTION to Proceed on Appeal in forma pauperis by Donald Ray White. (dmn, ) (NO PDF, see Doc. #9 for pdf.) |
| Filing 9 NOTICE OF APPEAL and OBJECTIONS by Donald Ray White as to #8 Opinion and Order entered 8/14/2019. (dmn, ) |
| Received email from Northern District of Alabama regarding receipt of e-transfer case; ALND case number assigned as 5:19cv08029 (No pdf attached to this entry). (djy, ) |
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Filing 8
OPINION and ORDER directing as follows: (1) the #5 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) this case is transferred to the US District Court for the Northern District of Alabama; (3) the pending #7 Motion is left for resolution by the transferee court; directing the clerk to take the appropriate steps to effect the transfer; this case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 8/14/19. (djy, )
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| Filing 7 MOTION Rule 5.1 Challenge, filed by Donald Ray White. (am, ) |
| Case transferred to Northern District Alabama. Electronically transferred via CM/ECF transfer to Clerk. (djy, ) |
| Filing 6 OBJECTION to #5 Report and Recommendations by Donald Ray White. (dmn, ) (entitled "Notice of Appeal") |
| Filing 5 RECOMMENDATION OF THE MAGISTRATE JUDGE RECOMMENDING that this case be TRANSFERRED to the United States District Court for the Northern District of Alabama under 28 U.S.C. 1631; Objections to R&R due by 8/19/2019. Signed by Honorable Judge Charles S. Coody on 8/5/2019. (am, ) |
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Filing 4
ORDER: It is ORDERED that petitioner's #3 objections are OVERRULED. Signed by Honorable Judge Myron H. Thompson on 7/16/2019. (am, )
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| Filing 3 Objections to re #2 Order, filed by Donald Ray White. (am, ) |
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Filing 2
ORDERED that: 1. The instant petition be construed as a motion to vacate under 28 U.S.C. 2255. 2. The United States of America shall henceforth be listed as the sole respondent in this case. 3. On or before July 19, 2019, White shall inform the court if he wishes to do one of the following: (a) Continue to proceed only on the claims he presents in the construed 2255 motion; or (b) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his convictions and sentences; or (c) Withdraw the construed 2255 motion and dismiss this action. White is cautioned that if he fails to file a response in compliance with this order, which requires that he advise the court of whether he wishes to do one of the above options, this cause shall proceed as an action under 28 U.S.C. 2255, as to only those claims presented in the construed 2255 motion (Doc. #1 ). Signed by Honorable Judge Charles S. Coody on 7/5/2019. (kh, )
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Donald Ray White. (No Filing Fee; No IFP) (bes, ) |
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