Smith v. United States of America (INMATE 3)
| Marcus Rashawn Smith |
| United States of America |
| 2:2019cv00532 |
| July 25, 2019 |
| US District Court for the Middle District of Alabama |
| Susan Russ Walker |
| William Keith Watkins |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.
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Filing 6
FINAL JUDGMENT: in accordance with the prior proceedings, opinions, and orders of the court, it is the ORDER, JUDGMENT, and DECREE of the court that this action is DISMISSED without prejudice; DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge William Keith Watkins on 9/6/2019. (Attachments: #1 Civil Appeals Checklist) (wcl, )
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Filing 5
ORDER DISMISSING ACTION AND DENYING A CERTIFICATE OF APPEALABILITY: it is ORDERED that the #4 Objections are OVERRULED and that the #3 Recommendation is ADOPTED; this action is DISMISSED without prejudice; Because reasonable jurists would not find the denial of Petitioner's 2255 motion debatable, a certificate of appealability is DENIED. Signed by Honorable Judge William Keith Watkins on 9/6/2019. (wcl, )
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| Filing 4 OBJECTION to #3 Report and Recommendation filed by Marcus Rashawn Smith. (alm, ) |
| No objections filed to the #3 Recommendation. (No PDF attached to this entry) (alm, ) |
| Filing 3 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that Smith's #2 instant motion, which constitutes a successive 2255 motion, be DISMISSED because Smith has not received permission from the appellate court to file a second or successive 2255 motion and this court therefore lacks jurisdiction to consider the motion; Objections to R&R due by 8/21/2019. Signed by Honorable Judge Susan Russ Walker on 8/7/2019. (alm, ) |
| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Marcus Rashawn Smith. (Attachments: #1 Criminal Judgment - 2:06-CR-21-WKW-SRW, #2 Criminal Docket Sheet - 2:06-CR-21-WKW-SRW)(alm, ) (Additional attachment(s) added on 8/2/2019: #3 Original Ink Signature Page) (alm, ). |
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Filing 1
ORDER, entered in 2:06-CR-21-WKW-SRW, DIRECTING the Clerk to: 1) strike the pro se motion challenging this court's subject matter jurisdiction, currently docketed as Doc. No. 84; 2) open a new civil action under 29 USC 2255 and docket this same motion in the newly opened civil action; 3) assign the newly opened civil action to the magistrate judge and district judge to whom this case is assigned; and 4) refer the case file to the appropriate magistrate judge for further proceedings upon completion of the foregoing directives. Signed by Honorable Judge Susan Russ Walker on 7/25/2019. (alm, )
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| Plaintiff: Marcus Rashawn Smith | |
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| Defendant: United States of America | |
| Represented By: | Susan R. Redmond |
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