Lee v. Butler et al (INMATE 3)
| Rashad C. Lee |
| Reosha Butler and Steven T. Marshall |
| 2:2022cv00019 |
| January 11, 2022 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 22
ORDER: Upon review of Respondents' answer, it is ORDERED that by 3/25/2022, Respondents shall file a supplemental answer specifically addressing the following question as further set out in the order. Signed by Honorable Judge Charles S. Coody on 3/11/2022. (dmn, )
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| AO FORM 85 mailed to counsel for Reosha Butler, Steven T. Marshall. (dmn, ) (no pdf) |
| Filing 21 ANSWER to Complaint by Reosha Butler, Steven T. Marshall. (Attachments: #1 Exhibit 1 - the record of the appeal of Lees first Rule 32 petition in Lee v. State, CR-01-0898 (CC-00-0061.60, Bullock County Circuit Court), #2 Exhibit 2 - Lees brief in CR-01-0898, #3 Exhibit 3 - the States brief in CR-01-0898, #4 Exhibit 4 - the Alabama Court of Criminal Appealss memorandum opinion in CR-01-0898, #5 Exhibit 5 - the Alabama Court of Criminal Appealss order overruling rehearing in CR-01-0898, #6 Exhibit 6 - the Alabama Supreme Courts order in No. 1011849 denying Lees petition for writ of certiorari, #7 Exhibit 7 - the August 6, 2002 certificate of judgment in CR-01-0898, #8 Exhibit 8 - the record of the appeal of Lees second Rule 32 petition in Lee v. State, CR-04-0961 (CC-00-0061.61, Bullock County Circuit Court), #9 Exhibit 9 - Lees brief in CR-04-0961, #10 Exhibit 10 - the States brief in CR-04-0961, #11 Exhibit 11 - the Alabama Court of Criminal Appealss memorandum opinion in CR-04-0961, #12 Exhibit 12 - the Alabama Court of Criminal Appealss order overruling rehearing in CR-04-0961, #13 Exhibit 13 - the Alabama Supreme Courts order in No. 1041639 denying Lees petition for writ of certiorari, #14 Exhibit 14 - the September 9, 2005 certificate of judgment in CR-04-0961, #15 Exhibit 15a - Vol 1 - Pt 1 - the record of the appeal of Lees third Rule 32 petition in Lee v. State, CR-05-0453 (CC-00-0061.62, Bullock County Circuit Court), #16 Exhibit 15b - Vol 1 - Pt 2 - the record of the appeal of Lees third Rule 32 petition in Lee v. State, CR-05-0453 (CC-00-0061.62, Bullock County Circuit Court), #17 Exhibit 16 - Lees brief in CR-05-0453, #18 Exhibit 17 - the States brief in CR-05-0453, #19 Exhibit 18 - Lees reply brief in CR-05-0453, #20 Exhibit 19 - the Alabama Court of Criminal Appealss memorandum opinion in CR-05-0453, #21 Exhibit 20 - the Alabama Court of Criminal Appealss order overruling rehearing in CR-05-0453, #22 Exhibit 21 - the Alabama Supreme Courts order in No. 1051821 denying Lees petition for writ of certiorari, #23 Exhibit 22 - the January 12, 2007 certificate of judgment in CR-04-0961, #24 Exhibit 23a - Vol 1 - Pt 1 - the record of the appeal of Lees fourth Rule 32 petition in Lee v. State, CR-06-1014 (CC-00-0061.63, Bullock County Circuit Court), #25 Exhibit 23b - Vol 1 - Pt 2 - the record of the appeal of Lees fourth Rule 32 petition in Lee v. State, CR-06-1014 (CC-00-0061.63, Bullock County Circuit Court), #26 Exhibit 24 - Lees brief in CR-06-1014, #27 Exhibit 25 - the States brief in CR-06-1014, #28 Exhibit 26 - Lees reply brief in CR-06-1014, #29 Exhibit 27 - the Alabama Court of Criminal Appealss memorandum opinion in CR-06-1014, #30 Exhibit 28 - the Alabama Court of Criminal Appealss order overruling rehearing in CR-06-1014, #31 Exhibit 29 - the Alabama Supreme Courts order in No. 1070129 denying Lees petition for writ of certiorari, #32 Exhibit 30 - the February 15, 2008 certificate of judgment in CR-04-0961, #33 Exhibit 31 - the case action summary from Lees fifth Rule 32 petition in Lee v. State, CC-00-0061.64 (Bullock Count Circuit Court), #34 Exhibit 32 - undated letter from Lee to the trial court, #35 Exhibit 33 - the Alabama Court of Criminal Appealss June 25, 2008 order dismissing Lees appeal in CR-07-1597, #36 Exhibit 34a - Vol 1 - the record of the appeal of Lees sixth Rule 32 petition in Lee v. State, CR-08-0920 (CC-00-0061.65, Bullock County Circuit Court), #37 Exhibit 34b - Vol 2 - the record of the appeal of Lees sixth Rule 32 petition in Lee v. State, CR-08-0920 (CC-00-0061.65, Bullock County Circuit Court), #38 Exhibit 35 - Lees brief in CR-08-0920, #39 Exhibit 36 - the States brief in CR-08-0920, #40 Exhibit 37 - Lees reply brief in CR-08-0920, #41 Exhibit 38 - the Alabama Court of Criminal Appealss memorandum opinion in CR-08-0920, #42 Exhibit 39 - the Alabama Court of Criminal Appealss order overruling rehearing in CR-08-0920, #43 Exhibit 40 - the Alabama Supreme Courts order in No. 1090100 denying Lees petition for writ of certiorari, #44 Exhibit 41 - the June 18, 2010 certificate of judgment in CR-10-0043, #45 Exhibit 42 - the record of the appeal of Lees seventh Rule 32 petition in Lee v. State, CR-10-0043 (CC-00-0061.66, Bullock County Circuit Court), #46 Exhibit 43 - Lees brief in iCR-10-0043, #47 Exhibit 44 - the States brief in CR-10-0043, #48 Exhibit 45 - the Alabama Court of Criminal Appealss memorandum opinion in CR-10-0043, #49 Exhibit 46 - the Alabama Court of Criminal Appealss special writing memorandum opinion in CR-10-0043, #50 Exhibit 47 - the February 24, 2011 certificate of judgment in CR-10-0043, #51 Exhibit 48 - the record of the appeal of Lees eighth Rule 32 petition in Lee v. State, CR-11-1840 (CC-00-0061.67, Bullock County Circuit Court), #52 Exhibit 49 - Lees brief in CR-11-1840, #53 Exhibit 50 - the States brief in CR-11-1840, #54 Exhibit 51 - the Alabama Court of Criminal Appealss memorandum opinion in CR-11-1840, #55 Exhibit 52 - the Alabama Court of Criminal Appealss order overruling rehearing in CR-11-1840, #56 Exhibit 53 - the Alabama Supreme Courts order in No. 1090100 denying Lees petition for writ of certiorari, #57 Exhibit 54 - the August 16, 2013 certificate of judgment in CR-11-1840, #58 Exhibit 55a - Vol 1 - the record of the appeal of Lees ninth Rule 32 petition in Lee v. State, CR-13-1920 (CC-00-0061.68, Bullock County Circuit Court), #59 Exhibit 55b - Vol 2 - the record of the appeal of Lees ninth Rule 32 petition in Lee v. State, CR-13-1920 (CC-00-0061.68, Bullock County Circuit Court), #60 Exhibit 56 - the supplemental record of the appeal of Lees ninth Rule 32 petition in Lee v. State, CR-13-1920 (CC-00-0061.68, Bullock County Circuit Court), #61 Exhibit 57 - Lees brief in CR-13-1920, #62 Exhibit 58 - the States brief in CR-13-1920, #63 Exhibit 59 - the Alabama Court of Criminal Appealss memorandum opinion in CR-13-1920, #64 Exhibit 60 - the June 10, 2015 certificate of judgment in CR-13-1920, #65 Exhibit 61a - Vol 1 - the record of the appeal of Lees tenth Rule 32 petition in Lee v. State, CR-15-0104 (CC-00-0061.69, Bullock County Circuit Court), #66 Exhibit 61b - Suppl 1 - the record of the appeal of Lees tenth Rule 32 petition in Lee v. State, CR-15-0104 (CC-00-0061.69, Bullock County Circuit Court), #67 Exhibit 62 - Lees brief in CR-15-0104, #68 Exhibit 63 - the States brief in CR-15-0104, #69 Exhibit 64 - the Alabama Court of Criminal Appealss memorandum opinion in CR-15-0104, #70 Exhibit 65 - the Alabama Court of Criminal Appealss order overruling rehearing in CR-15-0104, #71 Exhibit 66 - the Alabama Supreme Courts order in No. 1150751 denying Lees petition for writ of certiorari, #72 Exhibit 67 - the May 20, 2016 certificate of judgment in CR-15-0104, #73 Exhibit 68 - the case action summary from Lees eleventh Rule 32 petition in Lee v. State, CC-00-0061.90 (Bullock Count Circuit Court), #74 Exhibit 69 - the Alabama Court of Criminal Appealss December 28, 2017 order dismissing Lees appeal in CR-17-0056, #75 Exhibit 70a - Vol 1 - the record of the appeal of Lees twelfth Rule 32 petition in Lee v. State, CR-19-0845 (CC-00-0061.91, Bullock County Circuit Court), #76 Exhibit 70b - Vol 2 - the record of the appeal of Lees twelfth Rule 32 petition in Lee v. State, CR-19-0845 (CC-00-0061.91, Bullock County Circuit Court), #77 Exhibit 71a - Suppl 1 - Vol 1 - the supplemental record of the appeal of Lees twelfth Rule 32 petition in Lee v. State, CR-19-0845 (CC-00-0061.91, Bullock County Circuit Court), #78 Exhibit 71b - Suppl 1 - Vol 2 - the supplemental record of the appeal of Lees twelfth Rule 32 petition in Lee v. State, CR-19-0845 (CC-00-0061.91, Bullock County Circuit Court), #79 Exhibit 71c - Suppl 1 - Vol 3 - the supplemental record of the appeal of Lees twelfth Rule 32 petition in Lee v. State, CR-19-0845 (CC-00-0061.91, Bullock County Circuit Court), #80 Exhibit 72 - Lees brief in CR-19-0845, #81 Exhibit 73 - the States brief in CR-19-0845, #82 Exhibit 74 - the January 10, 2006 letter Lee wrote to the trial court in connection, apparently, with his third Rule 32 petition in Lee v. State, CR-01-0898 (CC-00-0061.62, Bullock County Circuit Court), #83 Exhibit 75 - the sentencing order in State v. Lee, CC-00-0061 (Bullock County Circuit Court) as it has been amended through the years, #84 Exhibit 76 - the record of Lees first parole consideration in 2011, #85 Exhibit 77 - the record of Lees second parole consideration in 2015, #86 Exhibit 78 - the record of Lees third parole consideration in 2018, #87 Exhibit 79 - the record of Lees fourth parole consideration in 2021)(Dodd, Stephen) |
| Filing 20 Return Receipt Card showing service of #1 Petition and #4 Order signed by D. name illegible for General Counsel Alabama Board of Pardons & Paroles served 1/24/2022. (dmn, ) |
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Filing 19
ORDER denying at this time #18 Motion for Order of Productions of Documents. Signed by Honorable Judge Charles S. Coody on 2/25/2022. (wcl, )
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| Filing 18 MOTION for Order of Productions of Documents by Rashad C. Lee. (dmn, ) |
| Filing 17 SUPPLEMENTAL SHOW CAUSE RESPONSE by Rashad C. Lee to #9 Order to Show Cause. (dmn, ) |
| Filing 16 RESPONSE TO Court's #9 ORDER TO SHOW CAUSE by Rashad C. Lee. (dmn, ) |
| Filing 15 RESPONSE and OBJECTION to State's "NONCOMPLIANCE" to the Court's Order filed by Rashad C. Lee. (dmn, ) |
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Filing 14
ORDER: It is ORDERED that Respondent's Motion to Stay (Doc. #13 ) is DENIED. It is further ORDERED that Respondents' Motion for Extension of Time is GRANTED and that the deadline for Respondents to file an answer to the 2254 petition is extended to 3/10/2022. Respondents answer shall address, but shall not be limited to, the issues as further set out in the order. Signed by Honorable Judge Charles S. Coody on 2/10/2022. (dmn, )
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| Filing 13 MOTION to Stay or, in the alternative, MOTION for Extension of Time to File Answer by Reosha Butler, Steven T. Marshall. (Dodd, Stephen) |
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Filing 12
ORDER: Respondents' Motion to Clarify (Doc. #11 ) is GRANTED. Accordingly, the Clerk is DIRECTED to strike Doc. #10 , Petitioner's "Response to State's Answer to Petitioner's 60(b) Motion," and to docket the same document in Civil Action No. 2:05-cv-968-WKW-CSC. Signed by Honorable Judge Charles S. Coody on 2/9/2022. (dmn, )
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| Filing 11 MOTION to Clarify by Reosha Butler, Steven T. Marshall. (Dodd, Stephen) |
| Filing 10 [STRICKEN FROM THE RECORD PURSUANT TO COURT #12 ORDER. DOCKETED IN WRONG CASE.] RESPONSE to States Answer to Petitioners 60(B) Motion to Vacate Final Judgment Entered by Court by Rashad C. Lee. (dmn, ) (Main Document 10 replaced on 2/9/2022) Modified on 2/9/2022. (dmn, ) |
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Filing 9
ORDER: It is ORDERED that by 2/24/2022, Petitioner Rashad Lee shall SHOW CAUSE why Respondents' motion for leave to file a motion to dismiss Lee's 2254 habeas petition for lack of jurisdiction (Doc. #8 ) should not be granted. Signed by Honorable Judge Charles S. Coody on 2/4/2022. (dmn, )
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| Filing 8 REQUEST for Leave to File Motion to Dismiss, and MOTION to Dismiss for Lack of Jurisdiction due to Unauthorized Successive Nature of Lee's Petition, by Reosha Butler, Steven T. Marshall. (Attachments: #1 Exhibit 1 - CR-19-0845 State Brief, #2 Exhibit 2 - May 3, 2006 Report and Recommendation, #3 Exhibit 3 - April 27, 2009 Report and Recommendation, #4 Exhibit 4 - December 3, 2013 Report and Recommendation, #5 Exhibit 5 - July 9, 2019 Report and Recommendation, #6 Exhibit 6 - July 8, 2019 Report and Recommendation, #7 Exhibit 7 - January 21, 2022 Report and Recommendation)(Dodd, Stephen) Modified on 2/4/2022 to clean up text. (dmn, ) |
| Filing 7 Return Receipt Card showing service of petition and order of procedure signed by O Riley for Reosha Butler served on 1/25/2022, answer due 2/11/2022. (djy, ) |
| Filing 6 Return Receipt Card showing service of #1 Petition and #4 Order signed by Sandra Blackman for Steven T. Marshall, Attorney General served on 1/24/2022, answer due 2/11/2022. (dmn, ) |
| Filing 5 NOTICE of Appearance by Stephen Norwood Dodd on behalf of Reosha Butler, Steven T. Marshall (Dodd, Stephen) |
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Filing 4
ORDER TO ANSWER habeas petition on or before 2/11/2022 as further set out in the order. The Clerk is DIRECTED to not accept for filing any pleadings submitted by Lee not in compliance with either the FRCP or the directives in this Order. Copy mailed to petitioner; mailed CMRRR w/copies of petition to Warden Reosha Butler, Attorney General for the State of Alabama, and General Counsel for the Alabama Bureau of Pardons and Paroles. Signed by Honorable Judge Charles S. Coody on 1/19/2022. (dmn, )
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Filing 2
ORDER: Before the Court is Petitioner Rashad C. Lee's Petition for Writ of Habeas Corpus under 28 U.S.C. 2254. Doc. #1 . Lee has not submitted the $5.00 filing fee, nor has he moved to proceed in forma pauperis. It is ORDERED that by 1/28/2022, Lee shall either submit the $5.00 filing fee or file the appropriate affidavit supporting a motion for leave to proceed in forma pauperis. The Clerk of Court is DIRECTED to SEND Lee a form for use in filing a motion to proceed in forma pauperis. Signed by Honorable Judge Charles S. Coody on 1/12/2022. Copy with IFP form mailed to Plaintiff as directed.(dmn, )
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Rashad C. Lee. (NO IFP; NO FILING FEE) (Attachments: #1 Supporting Document)(bll, ) |
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