Schofield v. Givens et al (INMATE 3)
Plaintiff: Allen Wayne Schofield
Defendant: Gwendolyn Givens and Steven T. Marshall
Case Number: 2:2021cv00173
Filed: March 1, 2021
Court: US District Court for the Middle District of Alabama
Presiding Judge: R Austin Huffaker
Referring Judge: Susan Russ Walker
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 May 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2021 Filing 16 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that the petition for writ of habeas corpus under 28 USC 2254 be DISMISSED WITHOUT PREJUDICE to allow Schofield to exhaust his state court remedies; Objections to R&R due by 4/27/2021. Signed by Honorable Judge Susan Russ Walker on 4/12/2021. (bes, )
April 8, 2021 Filing 15 RESPONSE TO ORDER TO SHOW CAUSE by Allen Wayne Schofield re #14 Order to Show Cause. (cwl, )
March 25, 2021 Opinion or Order Filing 14 ORDER TO SHOW CAUSE: it is ORDERED that by 4/14/2021, Petitioner shall show cause why his petition should not be dismissed without prejudice to allow him to exhaust his state court remedies; Show Cause Response due by 4/14/2021. Signed by Honorable Judge Susan Russ Walker on 3/25/2021. (bes, )
March 24, 2021 Filing 13 Respondents's ANSWER to Complaint by Gwendolyn Givens, Steven T. Marshall. (Attachments: #1 Exhibit A- Vol. 1 - Record, #2 Exhibit A - Vol. 2 - Record, #3 Exhibit A - Vol. 3 - Record, #4 Exhibit A - Vol. 4 - Record, #5 Exhibit A - Vol. 5 - Record, #6 Exhibit A - Vol. 6 - Record, #7 Exhibit A - Vol. 7 - Record, #8 Exhibit A - S1 - Vol. 1 - Record, #9 Exhibit B - Appellant's Brief, #10 Exhibit C - Appellee's Brief, #11 Exhibit D - Order remanding direct appeal to CC, #12 Exhibit E - CCA Memorandum opinion, #13 Exhibit F - CCA COJ, #14 Exhibit G - Appellant's cert petition, #15 Exhibit H - ASC Order to show cause, #16 Exhibit I - Appellant's response to ASC's order, #17 Exhibit J - ASC Order striking writ of certiorari, #18 Exhibit K - Petition for Relief from Conviction or Sentence, #19 Exhibit L - State's response to Appellant's Rule 32 petition, #20 Exhibit M - Petitioner's response)(Hamm, David)
March 15, 2021 AO FORM 85 mailed to counsel for (DFTs) Gwendolyn Givens, Steven T. Marshall. (No PDF attached to this entry) (bes, )
March 12, 2021 Filing 12 Corporate/Conflict Disclosure Statement by Gwendolyn Givens, Steven T. Marshall. (Hamm, David)
March 12, 2021 Filing 11 NOTICE of Appearance by David Hunter Hamm on behalf of Gwendolyn Givens, Steven T. Marshall (Hamm, David)
March 10, 2021 Filing 10 Return Receipt Card showing service of #1 Complaint and #8 Order signed by J. Taylor for Steven T. Marshall served on 3/8/2021, answer due 3/24/2021. (bes, )
March 8, 2021 Filing 9 Return Receipt Card showing service of #1 Petition and #8 Order signed by Gwendolyn Givens for Gwendolyn Givens served on 3/6/2021, answer due 3/24/2021. (bes, )
March 3, 2021 Opinion or Order Filing 8 ORDER TO ANSWER habeas petition on or before 3/24/2021; Copy mailed to petitioner; mailed CMRRR w/copies of petition to Warden & Attorney General for the State of Alabama. Signed by Honorable Judge Susan Russ Walker on 3/3/2021. (bes, )
March 1, 2021 Filing 7 Case transferred in from District of Alabama Northern; Case Number 6:21-cv-00048. Case electronically transfered order and docket sheet received.
February 17, 2021 Opinion or Order Filing 6 TRANSFER ORDER -transferring case to the Middle District of Alabama; original electronic record and certified copy of docket entries will be sent electronically to Clerk of Court 10 business days from this date. Signed by Judge Abdul K Kallon on 02/17/2021. (AKD) [Transferred from alnd on 3/2/2021.]
January 26, 2021 Filing 5 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Allen Wayne Schofield; Accordingly, for the convenience of the parties and potential witnesses in this case and in the furtherance of justice, the undersigned RECOMMENDS this case be TRANSFERRED to the United States District Court for the Southern District of Alabama. Objections to R&R due by 2/9/2021. Signed by Magistrate Judge John H England, III on 01/26/2021. (AKD) [Transferred from alnd on 3/2/2021.]
January 26, 2021 Opinion or Order Filing 4 ORDER FINDING AS MOOT #2 Motion for Leave to Proceed in forma pauperis; The court received the petitioners filing fee. Signed by Magistrate Judge John H England, III on 01/26/2021. (AKD) [Transferred from alnd on 3/2/2021.]
January 25, 2021 Filing fee: $ 5.00, receipt number B4601111005 (AKD) [Transferred from alnd on 3/2/2021.]
January 13, 2021 Filing 3 NOTICE OF DEFICIENT PLEADING-Although Petitioner filed an application to proceed in forma pauperis, the application was not verified by an authorized officer of the institution or accompanied by a certified copy of prison account statements for the last six months. Petitioner must either file a complete application to proceed in forma pauperis or pay the filing fee of $5.00. An application to proceed in forma pauperis must be verified by an authorized officer of the institution and must be accompanied by a certified copy of prison account statements for the last six months. Signed by Magistrate Judge John H England, III on 01/13/2021. (AKD) [Transferred from alnd on 3/2/2021.]
January 13, 2021 Filing 2 APPLICATION for Leave to Proceed in forma pauperis by Allen Wayne Schofield. (AKD) [Transferred from alnd on 3/2/2021.]
January 13, 2021 Filing 1 PETITION for Writ of Habeas Corpus, filed by Allen Wayne Schofield.(AKD) [Transferred from alnd on 3/2/2021.]

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Defendant: Gwendolyn Givens
Represented By: David Hunter Hamm
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Defendant: Steven T. Marshall
Represented By: David Hunter Hamm
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Plaintiff: Allen Wayne Schofield
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