Green v. White et al (INMATE 3)
| Byron Denard Green |
| Kevin White, Steven T. Marshall, State of Alabama and Alabama Department of Corrections |
| 2:2022cv00191 |
| April 21, 2022 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 12
ORDER TO SHOW CAUSE: it is ORDERED that by 7/7/2022, Petitioner must show cause why his 2254 petition should not be dismissed because it was filed after expiration of AEDPA's statute of limitations, as further set out in order. Signed by Honorable Judge Charles S. Coody on 6/17/2022. (es, )
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| Filing 11 Respondents' RESPONSE to #5 Amended Petition for Writ of Habeas Corpus, by Steven T. Marshall, Kevin White. (Attachments: #1 Exhibit 1 - Indictment and affidavit for arrest warrant, CC-99-512, #2 Exhibit 2 - Case action summary sheet and Explanation of Rights Guilty Plea form, CC-99-512, #3 Exhibit 3 - Motion to reconsider sentence, CC-99-512, #4 Exhibit 4 - Order, CC-99-512, #5 Exhibit 5 - Ala. R. Crim. P. 32 petition, CC-99-512, #6 Exhibit 6 - Answer to Ala. R. Crim. P. 32 petition, CC-99-512, #7 Exhibit 7 - Order, CC-99-512, #8 Exhibit 8 - Record on appeal, CR-01-1150, #9 Exhibit 9 - Appellant's Brief, CR-01-1150, #10 Exhibit 10 - Appellee's Brief, CR-01-1150, #11 Exhibit 11 - Memorandum opinion, CR-01-1150, #12 Exhibit 12 - Application for rehearing, CR-01-1150, #13 Exhibit 13 - Order overruling application for rehearing, CR-01-1150, #14 Exhibit 14 - Petition, No. 1012090, #15 Exhibit 15 - Certificate of Judgment, No. 1012090, #16 Exhibit 16 - Certificate of Judgment, CR-01-1150, #17 Exhibit 17 - Petition, CC-99-512, #18 Exhibit 18 - Order - CC-99-512, #19 Exhibit 19 - Memorandum opinion, CR-05-1265, #20 Exhibit 20 - Certificate of Judgment, CR-05-1265, #21 Exhibit 21 - Petition, CV-20-0654, #22 Exhibit 22 - Order, CV-20-0654)(Starrett, Marc) Modified on 6/16/2022 to add the link to the #5 Amended Petition and to clarify the docket text (wcl, ). |
| Filing 10 Return Receipt Card showing service of #5 Amended Petition and #6 Order signed by Deke J. Miller for Kevin White served on 5/23/2022, answer due 6/10/2022. (wcl, ) |
| Filing 9 NOTICE of Appearance by Marc Alan Starrett on behalf of Steven T. Marshall, Kevin White (Starrett, Marc) |
| Filing 8 Corporate/Conflict Disclosure Statement by Steven T. Marshall, Kevin White. (Starrett, Marc) |
| AO FORM 85 mailed to counsel for Steven T. Marshall, Kevin White. (No pdf attached to this entry) (wcl, ) |
| Filing 7 Return Receipt Card showing service of #5 Amended Petition and #6 Order signed by Sandra Blackman for Steven T. Marshall served on 5/23/2022, answer due 6/10/2022. (wcl, ) |
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Filing 6
ORDER TO ANSWER habeas petition by 6/10/2022; mailed CMRRR w/copies of #5 amended petition to Captain Kevin White & Attorney General for the State of Alabama. Signed by Honorable Judge Charles S. Coody on 5/20/2022. (wcl, )
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| Filing 5 AMENDED PETITION for Writ of Habeas Corpus, filed by Byron Denard Green. (Attachments: #1 Exhibit 7 (no exhibits 1-6), #2 Exhibit 12 (no exhibits 8-11))(am, ) |
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Filing 4
ORDER: it is ORDERED that by 5/23/2022, Green shall inform the Court whether he seeks to: (1) proceed before the Court under 28 U.S.C. 2254 on the claims in the original petition, i.e., Doc. #1 ; or (2) amend his petition to assert any additional claims under 28 U.S.C. 2254 on which he wishes to challenge the state court judgment; or (3) withdraw his petition; DIRECTING the Clerk to provide Green with a form for filing a petition for writ of habeas corpus under 28 U.S.C. 2254, as further set out in Order. Signed by Honorable Judge Charles S. Coody on 5/3/2022. (mailed w/ 2254 form, as directed)(am, )
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| Filing 3 Habeas Filing fee Received: $ 5.00, receipt number 4602066668. (cwl, ) |
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Filing 2
ORDER: it is ORDERED that by 5/16/2022, Green shall either submit the $5 filing fee or file the appropriate affidavit in support of a motion for leave to proceed in forma pauperis, as further set out in Order; DIRECTING the Clerk to send Green a form for use in filing a motion to proceed in forma pauperis, as further set out in Order. Signed by Honorable Judge Charles S. Coody on 4/26/2022. (Mailed w/ IFP form to plaintiff)(am, )
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Byron Denard Green. (NO IFP; NO FILING FEE) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(bll, ) (Main Document 1 replaced on 4/22/2022 to include the envelope in the main PDF) (amf, ). Modified on 4/22/2022 (amf, ). (Attachment 5 replaced on 4/25/2022) (am, ). Modified on 4/25/2022 to attach correct ex. 5(am, ). |
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