Minnifield v. Graddick et al (INMATE 3) (LEAD)
| Kennedy Minnifield |
| Charles Graddick, Deborah Toney, Steven T. Marshall and Dewayne Estes |
| 2:2020cv00798 |
| October 5, 2020 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on December 6, 2022. A more recent docket listing may be available from PACER.
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| Filing 21 MOTION for Free Copies by Kennedy Minnifield. (amf, ) |
| Filing 20 MOTION to Supplement re #1 Petition for Writ of Habeas Corpus by Kennedy Minnifield. (amf, ) |
Filing 19
ORDER ON MOTION: ORDER denying #17 Motion to Appoint Counsel. Signed by Honorable Judge Charles S. Coody on 12/3/2020. (amf, )
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| Filing 18 Return Receipt Card showing service of #1 Petition, Petition in Member Case 2:20-cv-00933, & #14 Order, signed by Kristi Simpson for ALDOC General Counsel, served on 11/19/2020. (amf, ) |
| Filing 17 MOTION to Appoint Counsel by Kennedy Minnifield. (amf, ) |
| Filing 16 RESPONSE filed by Kennedy Minnifield. (amf, ) |
| Filing 15 Return Receipt Card showing service of #1 Petition, Petition in Member Case 2:20-cv-00933, & #14 Order, signed by Sandra Blackmon for Steven T. Marshall, served on 11/19/2020, answer due 12/11/2020. (amf, ) |
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Filing 14
ORDER TO ANSWER habeas petition on or before 12/11/2020; Copy mailed to petitioner; mailed CMRRR w/copies of Doc. #1 in Civil Action No. 2:20-cv-798-WHA-CSC & Doc. # 1 in Civil Action No. 2:20-cv-933-WHA-CSC to Warden Deborah Toney, Attorney General for the State of Alabama, & General Counsel for the ALBOPP. Signed by Honorable Judge Charles S. Coody on 11/18/2020. (amf, )
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Filing 13
ORDER: it is ORDERED that: 1) Civil Action No. 2:20-cv-798 and Civil Action No. 2:20-cv-933-WHA are consolidated; 2) Civil Action No. 2:20-cv-798-WHA is designated as the lead case; All future pleadings, motions, briefs, orders, and other documents submitted in the consolidated cases shall be filed in only Civil Action 2:20-cv-798-WHA; 3) Civil Action No. 2:20-cv-933-WHA is closed administratively, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 11/18/2020. (amf, )
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Filing 12
ORDER: DIRECTING the Clerk to modify the docket to substitute Deborah Toney (Warden of Limestone Correctional Facility) as a Respondent in this case and to dismiss Dewayne Estes (former Warden of Limestone Correctional Facility) as a Respondent. Signed by Honorable Judge Charles S. Coody on 11/17/2020. (amf, )
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Filing 11
ORDER: It is ORDERED that the court's #9 order of procedure be VACATED. Signed by Honorable Judge Charles S. Coody on 11/17/2020. (amf, )
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Filing 10
ORDER ON MOTION: ORDER granting #2 Affidavit for Leave to Proceed in Forma Pauperis. Signed by Honorable Judge Charles S. Coody on 11/17/2020. (amf, )
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Filing 9
(VACATED PURSUANT TO THE COURT'S #11 ORDER) ORDER TO ANSWER habeas petition on or before 12/11/2020; Copy mailed to petitioner; mailed CMRRR w/copies of #1 petition to Warden Dewayne Estes, Attorney General for the State of Alabama, & General Counsel for the ALBOPP. Signed by Honorable Judge Charles S. Coody on 11/17/2020. (amf, ) Modified on 11/17/2020 (amf, ).
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Filing 8
ORDER: it is ORDERED that: 1) The #3 Recommendation be and is hereby WITHDRAWN; 2) The initial pleading filed by Minnifield, in which he challenges the denial of parole, Doc. #1 at 2-3, and seeks his immediate release from prison on parole, Doc. #1 at 4, is considered a 28 USC 2254 petition for writ of habeas corpus; 3) This case shall henceforth proceed as an action for habeas corpus relief under 28 USC 2254; DIRECTING the Clerk to undertake those measures necessary to identify the instant case as one filed pursuant to 28 USC 2254. Signed by Honorable Judge Charles S. Coody on 11/2/2020. (amf, )
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Filing 7
ORDER: it is ORDERED that the #4 Order and #5 Final Judgment are hereby VACATED; further ORDERED that this case is referred back to the Magistrate Judge for appropriate action consistent with this order. Signed by Honorable Judge W. Harold Albritton, III on 10/30/2020. (amf, )
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| Filing 6 Objection filed by Kennedy Minnifield. (kh, ) |
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Filing 5
(VACATED PURSUANT TO THE COURT'S #7 ORDER) FINAL JUDGMENT: it is the ORDER, JUDGMENT and DECREE of the Court that judgment is entered in favor of Defendant and against Plaintiff and this case 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 W. Harold Albritton, III on 10/28/2020. (Attachments: #1 Civil Appeals Checklist)(amf, ) Modified on 10/30/2020 (amf, ).
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Filing 4
(VACATED PURSUANT TO THE COURT'S #7 ORDER) ORDER: it is ORDERED that: 1) The #3 Recommendation of the Magistrate Judge is ADOPTED; 2) The #2 motion for leave to proceed in forma pauperis filed by Plaintiff is DENIED; 3) This case is DISMISSED without prejudice in accordance with the provisions of 28 USC 1915(g) for Plaintiff's failure to pay the full filing and administrative fees upon initiation of this case; A separate Final Judgment will be entered. Signed by Honorable Judge W. Harold Albritton, III on 10/28/2020. (amf, ) Modified on 10/30/2020 (amf, ).
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| No objections filed to the #3 Recommendation. (No PDF attached to this entry) (amf, ) |
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Filing 3
(WITHDRAWN PURSUANT TO THE COURT'S #8 ORDER) RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The #2 motion for leave to proceed in forma pauperis filed by the plaintiff be DENIED; 2) This case be DISMISSED without prejudice for the plaintiff's failure to pay the full filing and administrative fees upon initiation of this case; Objections to R&R due by 10/22/2020. Signed by Honorable Judge Charles S. Coody on 10/8/2020. (amf, ) Modified on 11/2/2020 (amf, ).
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| PETITION for Writ of Habeas Corpus, filed by Kennedy Minnifield. (No PDF attached to this entry - See doc #1 for PDF) (amf, ) |
| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Kennedy Minnifield. (imm, ) |
| Filing 1 (Petition for Writ of Habeas Corpus, pursuant to the Court's #8 Order) Inmate 1983 COMPLAINT against Charles Graddick, filed by Kennedy Minnifield.(imm, ) (Additional attachment(s) added on 10/6/2020: #1 Supporting Documents) (amf, ). Modified on 11/2/2020 (amf, ). |
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