Foster v. Headley et al (INMATE 2)
| Danny Foster, Sr. |
| Joseph Headley, John Q. Hamm, Alabama Department of Corrections and Steven T. Marshall |
| 2:2022cv00535 |
| September 12, 2022 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Habeas Corpus (Prison Condition) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 27, 2022. A more recent docket listing may be available from PACER.
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Filing 9
ORDER: it is ORDERED that by 10/6/2022, Foster must inform the Court whether he seeks to: (1) proceed before the Court under 28 U.S.C. 2254 which will require the filing of an amended habeas application; OR (2) withdraw the instant habeas petition so that he may file an appropriate civil action by filing either a separate 42 U.S.C. 1983 complaint with this Court or a separate civil action which properly invokes the jurisdiction of a federal court as as further set out in Order; it is ORDERED that: (1) Plaintiff's #2 Motion for Liability is DENIED; (2) Petitioner's #3 Motion for Leave to Proceed In Forma Pauperis is GRANTED. Signed by Honorable Judge Charles S. Coody on 9/22/2022. (am, )
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Filing 8
Case transferred in from District of Alabama Northern; Case Number 2:22-cv-00874. Original file certified copy of transfer order and docket sheet received.
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MOTIONS REFERRED to US Magistrate Judge: #2 MOTION For Liability & #3 Application to Proceed Without Prepayment of Fees and Affidavit. (NO PDF attached to this entry) (am, )
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Filing 7
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 Anna M Manasco on 08/29/2022. (AKD) [Transferred from alnd on 9/12/2022.]
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***Staff notes: Order (doc.7) sent to petitioner first class mail. (AKD) [Transferred from alnd on 9/12/2022.]
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Filing 6
OBJECTION to #5 Report and Recommendations by Danny Foster, Sr.. (KEK) [Transferred from alnd on 9/12/2022.]
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Filing 5
REPORT AND RECOMMENDATION: the undersigned RECOMMENDS this action be TRANSFERRED to the United States District Court for the Middle District of Alabama. The undersigned further RECOMMENDS Foster's "Motion for Liability" (doc. 2), and application for leave to proceed in forma pauperis (doc. 3), be left for the receiving court's consideration. Signed by Magistrate Judge John H England, III on 7/19/2022. (DNW) [Transferred from alnd on 9/12/2022.]
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***Staff notes mailed R&R #5 to petitioner. (DNW) [Transferred from alnd on 9/12/2022.]
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Filing 4
NOTICE of Prisoner Case Number. (DNW) [Transferred from alnd on 9/12/2022.]
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Filing 3
Application to Proceed Without Prepayment of Fees and Affidavit by Danny Foster, Sr. (DNW) [Transferred from alnd on 9/12/2022.]
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Filing 2
MOTION For Liability by Danny Foster, Sr.. (DNW) [Transferred from alnd on 9/12/2022.]
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Filing 1
PETITION for Writ of Habeas Corpus filed by Danny Foster, Sr..(DNW) [Transferred from alnd on 9/12/2022.]
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***Staff notes mailed Notice #4 to petitioner. (DNW) [Transferred from alnd on 9/12/2022.]
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