Woods v. Dunn et al (DEATH PENALTY)
| Nathaniel Woods |
| Steve Marshall, Jefferson S. Dunn and Cynthia Stewart |
| 2:2020cv00058 |
| January 23, 2020 |
| US District Court for the Middle District of Alabama |
| Emily C Marks |
| Death Penalty - Habeas Corpus |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 44
ORDER issued as Mandate of USCA as to #35 Notice of Appeal filed by Nathaniel Woods, 11th Circuit Appeal No. 20-10843-P: Appellant Woods's death has mooted this appeal. Therefore, the Clerk is directed to close this case. (dmn, )
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| Filing 43 Appeal Remark re #35 Notice of Appeal, 11th Circuit Appeal No. 20-10843-P: Writ of Certiorari filed as to Appellant Nathaniel Woods is DENIED. Supreme Court No. 19-7880/19A976 entered March 5, 2020. The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied. The order heretofore entered by Justice Thomas is vacated. (dmn, ) |
| Filing 42 PUBLISHED ORDER (RESEND of Doc. #41 ) of USCA as to #35 Notice of Appeal filed by Nathaniel Woods, 11th Circuit Appeal No. 20-10843-P: This opinion has been changed as follows: On page 8, [Id.] has been deleted. We GRANT Woods's motion for excess words and DENY his motion for a stay of execution. ROSENBAUM, Circuit Judge, concurring in the judgment: I concur in the judgment of the Court denying Nathaniel Woods's motion to stay execution as further set out in the order. (dmn, ) |
| Filing 41 PUBLISHED ORDER of USCA as to #35 Notice of Appeal filed by Nathaniel Woods, 11th Circuit Appeal No. 20-10843-P: We GRANT Woods's motion for excess words and DENY his motion for a stay of execution. ROSENBAUM, Circuit Judge, concurring in the judgment: I concur in the judgment of the Court denying Nathaniel Woodss motion to stay execution as further set out in the order. (dmn, ) |
| Filing 40 USCA Appeal Fees received $ 505 receipt number 4602057057 re #35 Notice of Appeal filed by Nathaniel Woods 11th Circuit Appeal No. 20-10843-P. (djy, ) |
| Filing 39 USCA Case Number 20-10843-P for #35 Notice of Appeal filed by Nathaniel Woods. DEATH PENALTY APPEAL DOCKETED. Fee Status: Fee Not Paid. **EXECUTION SCHEDULED (AL), Thursday, March 5, 2020 at 6:00p.m. (Central Time).** (dmn, ) |
| Filing 37 Transmission of #35 Notice of Appeal, #34 Final Judgment, #33 Memorandum Opinion and Order, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, ) |
| Filing 36 Appeal Instructions sent to attorney Marc Shapiro, counsel for Nathaniel Woods re #35 Notice of Appeal. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript. (Attachments: #1 Transcript Information Form)(dmn, ) |
| Filing 35 NOTICE OF APPEAL by Nathaniel Woods as to #34 Final Judgment, #33 Memorandum Opinion and Order denying Motion for a Stay of Execution, entered 3/2/2020. (Shapiro, Marc) Modified on 3/3/2020 to clean up text. (dmn, ) |
| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: #35 Notice of Appeal. The entire record on appeal is available electronically. (dmn, ) |
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Filing 34
FINAL JUDGMENT: it is the ORDER, JUDGMENT and DECREE of the Court that Judgment is entered in favor of the Dfts and against the Plf on all federal claims, and that the Plf's state law claims are DISMISSED without prejudice pursuant to 28 USC 1367(c)(3); Costs are taxed as paid; DIRECTING the Clerk to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 FRCP. Signed by Chief Judge Emily C. Marks on 3/2/2020. (Attachments: #1 Civil Appeals Checklist) Furnished Clerk, Appeals Clerk, SCOTUS, 11th Circuit Capital Cases Clerk. (amf, ) Modified on 3/2/2020 to include copy furnished to text. (dmn, )
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Filing 33
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows that: 1) Woods' claims against the Dfts in their individual capacities are DISMISSED; 2) the State's #19 motion for summary judgment on Woods' federal claims is GRANTED; 3) Woods' #22 cross-motion for summary judgment on his federal claims is DENIED; 4) Woods' state law claims are DISMISSED without prejudice; and 5) Woods' #29 motion for a stay of execution is DENIED; A separate final judgment will be entered in accordance with this order. Signed by Chief Judge Emily C. Marks on 3/2/2020. Furnished Clerk, Appeals Clerk, SCOTUS, 11th Circuit Capital Cases Clerk. (amf, ) Modified on 3/2/2020 to include copy furnished to text. (dmn, )
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| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 2/26/2020, before Judge Marks. Court Reporter/Transcriber Callen, Telephone number 334-412-3507. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 3/20/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/28/2020. (djy, ) |
| Filing 38 Minute Entry for proceedings held before Chief Judge Emily C. Marks: Motion Hearing held on 2/26/2020 re #19 MOTION to Dismiss and, in the Alternative, MOTION for Summary Judgment filed by Jefferson S. Dunn, Cynthia Stewart, Steve Marshall (PDF available for court use only). (Court Reporter Blanton Callen.) (ws, ) |
| Filing 31 RESPONSE (OBJECTION) to Motion re #29 MOTION for a Stay of Execution filed by Jefferson S. Dunn, Steve Marshall, Cynthia Stewart. (Simpson, Lauren) Modified on 2/25/2020 to clarify the docket text (amf, ). |
| Objection to #29 MOTION for a Stay of Execution filed by Jefferson S. Dunn, Steve Marshall, Cynthia Stewart. (No PDF attached to this entry - See doc #31 for PDF) (amf, ) |
| Filing 30 Reply to Response to Motion re #22 CROSS-MOTION for Summary Judgment filed by Nathaniel Woods. (Shapiro, Marc) Modified on 2/25/2020 to clarify the docket text & to add the link to doc. #22 (amf, ). |
| Filing 29 MOTION for a Stay of Execution by Nathaniel Woods. (Shapiro, Marc) |
| Filing 28 NOTICE of Appearance by Shane McCammon on behalf of Nathaniel Woods (McCammon, Shane) (Additional attachment(s) added on 2/24/2020: #1 Certificate of Service) (amf, ). |
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Filing 27
ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Shane McCammon; Counsel shall file a notice of appearance with the court. Signed by Chief Judge Emily C. Marks on 2/21/2020. (amf, )
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| Filing 26 Pro Hac Vice filing fee received re #24 Motion: $ 75.00, receipt number 4602056851. (amf, ) |
| Filing 25 REPLY to Response to Motion re #19 MOTION to Dismiss and, in the Alternative, MOTION for Summary Judgment, and, RESPONSE in Opposition re #22 CROSS-MOTION for Summary Judgment filed by Jefferson S. Dunn, Steve Marshall, Cynthia Stewart. (Simpson, Lauren) Modified on 2/20/2020 to clarify the docket text (amf, ). |
| Filing 24 MOTION for Admission Pro Hac Vice of Attorney Shane McCammon filed by Nathaniel Woods. (Attachments: #1 Exhibit Certificate of Good Standing)(Shapiro, Marc) |
| ***PURSUANT TO THE #24 MOTION - Attorney Shane McCammon for Nathaniel Woods added. (No PDF attached to this entry) (amf, ) |
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Filing 23
ORDER: it is ORDERED as follows: 1) the Court's #20 order requiring the Dfts' reply by 2/18/2020 is VACATED; 2) the Dfts shall file a response to the Plf's #22 cross-motion for summary judgment as soon as practical but not later than 2/20/2020; 3) the Plf may file a reply to the Dfts' response to his cross-motion for summary judgment as soon as practical but not later than 2/24/2020; further ORDERED that oral argument on all motions pending at the time of oral argument is set for 9:30 AM, on 2/26/2020, in Courtroom 2A; DIRECTING the Clerk to provide a court reporter for this proceeding. Signed by Chief Judge Emily C. Marks on 2/14/2020. (Furnished: Calendar & WS) (amf, )
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| RESPONSE in Opposition re #19 MOTION to Dismiss and, in the Alternative, MOTION for Summary Judgment filed by Nathaniel Woods. (No PDF attached to this entry - See doc #22 for PDF) (amf, ) |
| Filing 22 Opposition to Defendants' #19 Motion to Dismiss and, in the Alternative, Motion for Summary Judgment, and, CROSS-MOTION for Summary Judgment by Nathaniel Woods. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shapiro, Marc) Modified on 2/14/2020 to add the link to the #19 motion (amf, ). |
| Filing 21 Return Receipt Card showing service of Summons and #1 Inmate 1983 Complaint signed by Barbara Baldwin for Jefferson S. Dunn served on 1/30/2020, answer due 2/20/2020. (wcl, ) |
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Filing 20
(VACATED PURSUANT TO THE COURT'S #23 ORDER) ORDER: it is ORDERED that the Plf shall file a response to the #19 MOTION to Dismiss and, in the Alternative, MOTION for Summary Judgment as soon as practical but no later than 2/13/2020; further ORDERED that the Dfts shall file a reply to the Plf's response as soon as practical but no later than 2/18/2020. Signed by Chief Judge Emily C. Marks on 2/6/2020. (wcl, ) Modified on 2/14/2020 (amf, ).
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| Filing 19 MOTION to Dismiss and, in the Alternative, MOTION for Summary Judgment by Jefferson S. Dunn, Steve Marshall, Cynthia Stewart. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Simpson, Lauren). Added MOTION for Summary Judgment on 2/6/2020 (wcl, ). Modified on 2/6/2020 to clarify the docket text (wcl, ). |
| Filing 18 Return Receipt Card showing service of Summons and #1 Complaint signed by illegible for Cynthia Stewart served on 1/31/2020, answer due 2/21/2020. (bes, ) |
| Filing 17 NOTICE of Appearance by Jose Mario Valdes on behalf of Nathaniel Woods (Valdes, Jose) |
| Filing 16 NOTICE of Appearance by Warrington Parker on behalf of Nathaniel Woods (Parker, Warrington) |
| Filing 15 Return Receipt Card showing service of Summons & #1 Complaint, signed by Karen Browning for Steve Marshall, served on 1/30/2020, answer due 2/20/2020. (amf, ) |
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Filing 14
ORDER re #10 Notice of Execution Date: it is ORDERED that the Dfts shall file a responsive pleading as soon as practical but no later than 2/7/2020. Signed by Chief Judge Emily C. Marks on 1/31/2020. (amf, )
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Filing 13
ORDER granting #5 & #6 Motions for Admission Pro Hac Vice of Attorneys Warrington Parker & Jose Mario Valdes; Counsel shall file a notice of appearance with the court. Signed by Chief Judge Emily C. Marks on 1/31/2020. (amf, )
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| Filing 12 Corporate/Conflict Disclosure Statement by Jefferson S. Dunn, Steve Marshall, Cynthia Stewart re #11 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Simpson, Lauren) |
| Filing 11 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Jefferson S. Dunn, Cynthia Stewart, & Steve Marshall; Corporate Disclosures due by 2/10/2020. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(amf, ) |
| Filing 10 NOTICE of Execution Date by Jefferson S. Dunn, Steve Marshall, Cynthia Stewart (Simpson, Lauren) |
| Filing 9 NOTICE of Appearance by Lauren Ashley Simpson on behalf of Jefferson S. Dunn, Steve Marshall, Cynthia Stewart (Simpson, Lauren) |
| Filing 8 Pro Hac Vice Filing Fee Received re #6 Motion: $ 75.00, receipt number 4602056495. (amf, ) |
| Filing 7 Pro Hac Vice Filing Fee Received re #5 Motion: $ 75.00, receipt number 4602056494. (amf, ) |
| ***PURSUANT TO THE #5 & #6 MOTIONS - Attorneys Warrington Parker & Jose Mario Valdes added for Plaintiff Nathaniel Woods. (No PDF attached to this entry) (amf, ) |
| Filing 6 MOTION for Admission Pro Hac Vice of Attorney Jose Mario Valdes filed by Nathaniel Woods. (Attachments: #1 Certificate of Good Standing)(Shapiro, Marc) |
| Filing 5 MOTION for Admission Pro Hac Vice of Attorney Warrington Parker filed by Nathaniel Woods. (Attachments: #1 Certificate of Good Standing)(Shapiro, Marc) |
| Filing 4 Summons Issued as to Jefferson S. Dunn, Cynthia Stewart, & Steve Marshall; mailed CMRRR with #1 Complaint. (amf, ) |
| Filing 3 Corporate/Conflict Disclosure Statement by Nathaniel Woods re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Shapiro, Marc) Modified on 1/28/2020 to add the link to the #2 Notice (amf, ). |
| Filing 2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Nathaniel Woods; Corporate Disclosures due by 2/6/2020. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(amf, ) |
| Filing 1 (STRICKEN, WRONG CIVIL EVENT CODE) COMPLAINT against Jefferson S. Dunn, Steve Marshall, Cynthia Stewart (Filing fee $ 400.00, receipt number 4602056455), filed by Nathaniel Woods. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt)(amf, ) Modified on 1/27/2020 (amf, ). |
| Inmate 1983 COMPLAINT against Jefferson S. Dunn, Steve Marshall, Cynthia Stewart (Filing fee $ 400.00 receipt number 4602056455), filed by Nathaniel Woods. (No PDF attached to this entry - See doc #1 for PDF)(amf, ) |
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