Joiner v. Cunningham (INMATE 2)
Plaintiff: Henry Joiner
Defendant: Jimmy Pool and Derrick Cunningham
Case Number: 2:2022cv00629
Filed: October 26, 2022
Court: US District Court for the Middle District of Alabama
Presiding Judge: W Harold Albritton
Referring Judge: Kelly F Pate
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2022 Opinion or Order Mail Returned as Undeliverable; Copy of #16 & #17 Orders sent to Henry Joiner returned with the following USPS notation, "Return to Sender; Not Deliverable as Addressed; Unable to Forward." (Re-mailed to new address per #18 Notice) (NO PDF attached to this entry) (am, )
December 14, 2022 Opinion or Order Filing 18 NOTICE of Change of Address by Henry Joiner. (am, )
December 9, 2022 Opinion or Order Filing 17 ORDER: Upon consideration of the Motion for Extension of Time (Doc. #15 ) filed by Respondent, it is ORDERED that the motion is GRANTED and that the deadline for Respondent to file an Answer to the Petition is EXTENDED to 1/10/2023. Signed by Honorable Judge Kelly F. Pate on 12/9/2022. (dmn, )
December 9, 2022 Opinion or Order Filing 16 ORDER: It is ORDERED that Petitioner's motion for leave to proceed in forma pauperis is GRANTED except to the extent he has submitted the applicable filing fee. On November 28, Petitioner submitted 81 pages of documents and records that the Court construes as a Motion for Leave to Enter Copies of State Court Records and Other Documents in Support of Petitioner's Habeas Petition. Doc. #6 . Upon consideration of the motion, it is ORDERED that the motion is DENIED without prejudice. Pursuant to the Order of Procedure entered November 29 (Doc. #7 ), Respondent must file an answer to the Petition and include those statements, records, rules, regulations, and guidelines relevant to the issues presented. Signed by Honorable Judge Kelly F. Pate on 12/9/2022. (dmn, )
December 6, 2022 Opinion or Order Filing 15 MOTION for Extension of Time to File Answer by Derrick Cunningham. (Howell, Christopher)
December 6, 2022 Opinion or Order Filing 14 Corporate/Conflict Disclosure Statement by Derrick Cunningham. (Howell, Christopher)
December 6, 2022 Opinion or Order Filing 13 NOTICE of Appearance by Christopher Darby Howell on behalf of Derrick Cunningham (Howell, Christopher)
December 5, 2022 Opinion or Order Filing 12 AO FORM 85 sent to counsel for Derrick Cunningham. NOTICE TO COUNSEL: If the parties wish to consent to the jurisdiction of a US Magistrate Judge, counsel is required to print, sign and mail this form to all parties/counsel in this case. This form should not be returned to the Clerk's Office unless all parties have consented. (am, )
December 2, 2022 Opinion or Order Filing 11 Corporate/Conflict Disclosure Statement by Derrick Cunningham. (Walker, Constance)
December 2, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Constance Caldwell Walker on behalf of Derrick Cunningham (Walker, Constance)
December 2, 2022 Opinion or Order Filing 9 Return Receipt Card showing service of #1 Petition & #7 Order signed by Rudolph B. for Derrick Cunningham served on 12/1/2022, answer due 12/20/2022. (am, )
December 2, 2022 Opinion or Order Filing 8 Return Receipt Card showing service as to #1 Petition & #7 Order, signed by J. Taylor for Steven T. Marshall, served on 11/30/2022. (am, )
November 29, 2022 Opinion or Order Filing 7 ORDER TO ANSWER habeas petition by 12/20/2022, as further set out in Order; Copy mailed to petitioner; mailed CMRRR w/copies of #1 petition to Sheriff Derrick Cunningham & Attorney General for the State of Alabama. Signed by Honorable Judge Kelly F. Pate on 11/29/2022. (am, )
November 28, 2022 Opinion or Order Filing 6 MOTION for Leave to Enter Copies of State Court Records by Henry Joiner. (Attachments: #1 Attachment 2, #2 Attachment 3, #3 Attachment 4, #4 Attachment 5, #5 Attachment 6, #6 Attachment 7, #7 Resident Transaction Receipt)(am, )
November 18, 2022 Opinion or Order Filing 5 Filing fee received: $ 5.00, receipt number 791. (dmn, )
November 15, 2022 Opinion or Order Filing 4 Application to Proceed Without Prepayment of Fees and Affidavit by Henry Joiner. (Attachments: #1 Account Statement)(am, )
November 7, 2022 Opinion or Order Filing 3 ORDER that by 11/28/2022, Petitioner must either pay the $5.00 filing fee or file an affidavit in support of a motion for leave to proceed in forma pauperis accompanied by the required documentation from the inmate account clerk. The Clerk is DIRECTED to send Petitioner the form for requesting leave to proceed in forma pauperis. The Clerk is further DIRECTED to substitute Sheriff Derrick Cunningham as the proper respondent. Signed by Honorable Judge Kelly F. Pate on 11/7/2022. Copy with IFP form mailed to Petitioner as directed. (dmn, )
November 4, 2022 Opinion or Order Filing 2 NOTICE (LETTER) to Correct the Record by Henry Joiner. (am, )
October 26, 2022 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus, filed by Henry Joiner. (NO IFP; NO FILING FEE) (Attachments: #1 Exhibit A)(bld, )

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Plaintiff: Henry Joiner
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Defendant: Jimmy Pool
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Defendant: Derrick Cunningham
Represented By: Constance Caldwell Walker
Represented By: Christopher Darby Howell
Represented By: Thomas T. Gallion, III
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