Webb v. United States of America (INMATE 3)
| David Webb |
| Walter J. Wood, Sr. and United States of America |
| 2:2019cv01081 |
| December 30, 2019 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| W Harold Albritton |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on February 19, 2020. 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 final judgment is entered in favor of Respondent and against Petitioner and this action is dismissed without prejudice. Signed by Honorable Judge W. Harold Albritton, III on 2/19/2020. (Attachments: #1 Civil Appeals Checklist)(kh, )
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Filing 5
ORDER: On January 30, 2020, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. #4 .) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation is ADOPTED and this case is DISMISSED for lack of jurisdiction. A separate final judgment will be entered. Signed by Honorable Judge W. Harold Albritton, III on 2/19/2020. (kh, )
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| No objections filed to the #4 Recommendation. (no pdf document attached to this entry)(kh, ) |
| Filing 4 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 entered by the United States District Court for the Eastern District of Virginia and the interest of justice does not warrant a 1631 transfer to that court. Objections to R&R due by 2/13/2020. Signed by Honorable Judge Jerusha T. Adams on 1/30/2020. (kh, ) |
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Filing 3
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 January 22, 2020, Webb 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 conviction and sentence; or (c) Withdraw the construed 2255 motion and dismiss this action, as further set out. Signed by Honorable Judge Jerusha T. Adams on 1/8/2020. (kh, )
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| MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by David Webb as construed in the Court's #3 Order. (No pdf attached to this entry - See doc #2 for pdf)(kh, ) |
| Filing 2 PETITION (APPLICATION) for Writ of Habeas Corpus, filed by David Webb.(djy, ) |
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Filing 1
Copy of ORDER entered in 2:19cv1078-WHA directing the clerk to open a separate civil action for each inmate listed as a petitioner and place a copy of the "Application of Habeas Corpus" in each newly opened case. Signed by Honorable Judge Charles S. Coody on 12/30/2019. (djy, )
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