Larson v. Estes et al (INMATE 3)
Plaintiff: Michael Raymond Larson
Defendant: Steven T. Marshall, Deborah Toney and Dewayne Estes
Case Number: 2:2019cv01095
Filed: December 30, 2019
Court: US District Court for the Middle District of Alabama
Presiding Judge: Wallace Capel
Referring Judge: Myron H Thompson
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 21, 2020 Opinion or Order Filing 14 ORDER TO SHOW CAUSE by the Petitioner why his 2254 petition should not be dismissed because it was not filed within the one-year limitation period in 28 USC 2244(d) and for the other reasons asserted by Respondents in their answer; Show Cause Response due by 3/12/2020. Signed by Honorable Judge Wallace Capel, Jr on 2/21/2020. (amf, )
February 18, 2020 Opinion or Order Mail Returned as Undeliverable. Copy of #7 order and service materials to Warden Dewayne Estes returned in mail with the following US Postal Service notation, "returned to sender, not deliverable as addressed-unable to forward". (NO PDF document attached to this notice). (djy, )
February 18, 2020 Opinion or Order Filing 13 RESPONSE to #1 Petition for Writ of Habeas Corpus by Dewayne Estes, Steven T. Marshall. (Attachments: #1 Exhibit A - Record on appeal, CR-96-2056, #2 Exhibit A-1 - Supplemental record on appeal, CR-96-2056, #3 Exhibit B - Larson's brief on direct appeal, CR-96-2056, #4 Exhibit C - State's brief on direct appeal, CR-96-2056, #5 Exhibit D - Court of Criminal Appeals' opinion, CR-96-2056, #6 Exhibit D-1 - Court of Criminal Appeals' decision on return to remand, CR-96-2056, #7 Exhibit E - Alacourt.com records from first Rule 32 petition, CC-96-1678.60, #8 Exhibit F - Alacourt.com record from second Rule 32 petition, CC-96-1978.61, #9 Exhibit G - Record in third Rule 32 proceedings, CR-01-2502, #10 Exhibit H - Larson's Rule 32 brief, CR-01-2502, #11 Exhibit I - State's brief, CR-01-2502, #12 Exhibit J - Court of Criminal memorandum opinion, CR-01-2502, #13 Exhibit K - Certificate of Judgment, CR-01-2502, #14 Exhibit L - Record in fourth Rule 32 proceedings, CR-02-2193, #15 Exhibit M - Larson's brief, CR-02-2193, #16 Exhibit N - State's brief, CR-02-2193, #17 Exhibit O - Court of Criminal Appeals' memorandum opinion, CR-02-2193, #18 Exhibit P - Court of Criminal Appeals' order overruling Larson's application for rehearing, CR-02-2193, #19 Exhibit Q - Ala. Supreme Court's Order denying cert and certificate of Judgment, CR-02-2193, #20 Exhibit R - Larson's petition for writ of certiorari, CR-18-0890, #21 Exhibit S - Motion to Dismiss petition for writ of certiorari, CR-18-0890, #22 Exhibit T - Montgomery Co. Circuit Court ordering a response to Larson/s petition for writ of certiorari, CR-18-0890, #23 Exhibit U - Larson's motion to deny motion to dismiss or in the alternative, motion for summary judgment, CR-18-0890, #24 Exhibit V - Circuit Court's Order granting motion to dismiss, CR-18-0890, #25 Exhibit W - Notice of appeal filed by Larson, CR-18-0890, #26 Exhibit X - Court of Criminal Appeals' deficiency notice issued to Larson, CR-18-0890, #27 Exhibit Y - Notice of transmittal of record, CR-18-0890, #28 Exhibit Z - Court of Criminal Appeals' Order dismissing Larson's appeal, CR-18-0890, #29 Exhibit AA - Certificate of Judgment, CR-18-0890)(Poe, Beth)
January 28, 2020 Opinion or Order Filing 12 ORDER ON MOTION: ORDER granting #11 Motion for Extension of Time; further ORDERED that Respondents are GRANTED an extension from 1/24/2020, to and including 2/18/2020, to file an answer to the 2254 petition. Signed by Honorable Judge Wallace Capel, Jr on 1/28/2020. (amf, )
January 23, 2020 Opinion or Order Filing 11 MOTION for Extension of Time to File Answer by Dewayne Estes, Steven T. Marshall. (Poe, Beth)
January 14, 2020 Opinion or Order AO FORM 85 mailed to counsel for defendants Dewayne Estes, Steven T. Marshall (NO PDF document attached to this notice). (djy, )
January 10, 2020 Opinion or Order Filing 9 NOTICE of Appearance by Beth Slate Poe on behalf of Dewayne Estes, Steven T. Marshall (Poe, Beth)
January 10, 2020 Opinion or Order Filing 8 Corporate/Conflict Disclosure Statement by Dewayne Estes, Steven T. Marshall. (Poe, Beth)
January 8, 2020 Opinion or Order Filing 10 Return Receipt Card showing service of petition and order of procedure signed by J Taylor for Steven T. Marshall served on 1/7/2020, answer due 1/24/2020. (djy, )
January 3, 2020 Opinion or Order Filing 7 ORDER TO ANSWER habeas petition on or before 1/24/2020, as further set out in order. Copy mailed to petitioner; mailed CMRRR w/copies of petition to Warden Dewayne Estes & Attorney General for the State of Alabama. Signed by Honorable Judge Wallace Capel, Jr on 1/3/2020. (djy, )
December 30, 2019 Opinion or Order Filing 6 Case transferred in from the Northern District of Alabama; Case Number 5:19-cv-01671-LSC-SGC; Original file, certified copy of transfer order, & certified docket sheet received ELECTRONICALLY via EMAIL from the Clerk. (amf, )
December 30, 2019 Opinion or Order Filing 5 ORDER OF TRANSFER, entered in ND/AL: the magistrate judge's #4 report is ADOPTED, and the recommendation is ACCEPTED; This matter is TRANSFERRED to the U.S. District Court for the Middle District of Alabama. Signed by Honorable Judge L. Scott Coogler on 12/30/2019. (amf, )
November 13, 2019 Opinion or Order Filing 4 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE, entered in ND/AL: the undersigned magistrate judge RECOMMENDS the petitioners claims be TRANSFERRED to the United States District Court for the Middle District of Alabama; Objection to R&R due 11/27/2019. Signed by Honorable Judge Staci G. Cornelius on 11/13/2019. (amf, )
November 5, 2019 Opinion or Order Filing Fee received: $5.00, receipt number B4601101768. (No PDF attached to this entry) (amf, )
October 15, 2019 Opinion or Order Filing 3 ORDER, entered in ND/AL, denying #2 Application for Leave to Proceed in Forma Pauperis; A check or money order in the amount of five dollars ($5.00) made payable to the "Clerk, United States District Court" SHALL be forwarded to the Clerk within thirty (30) calendar days from the date of this order. Signed by Honorable Judge Staci G. Cornelius on 10/15/2019. (amf, )
October 11, 2019 Opinion or Order Filing 2 Application for Leave to Proceed in Forma Pauperis, filed in ND/AL, filed by Michael Raymond Larson. (amf, )
October 11, 2019 Opinion or Order Filing 1 PETITION, filed in ND/AL, for Writ of Habeas Corpus, filed by Michael Raymond Larson. (amf, )

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Defendant: Steven T. Marshall
Represented By: Beth Slate Poe
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Defendant: Deborah Toney
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Defendant: Dewayne Estes
Represented By: Beth Slate Poe
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Plaintiff: Michael Raymond Larson
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