Sunday v. Lee County Circuit Court et al (INMATE1)

Plaintiff: Timothy Lee Sunday
Defendant: Lee County Circuit Court, State of Alabama, Billy Mitchem and Troy King
Case Number: 3:2009cv00202
Filed: March 9, 2009
Court: Alabama Middle District Court
Office: Habeas Corpus (General) Office
County: Limestone
Referring Judge: Wallace Capel
Presiding Judge: Truman M. Hobbs
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

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Date Filed#Document Text
June 23, 2009 19 Opinion or Order of the Court ORDER, JUDGMENT, and DECREE of the court that: 1. The 10 Recommendation of the Magistrate Judge is ADOPTED. 2. To the extent Sunday presents claims which substantively address federal grounds for setting aside his sexual abuse conviction, this acti on constitutes a second or successive habeas petition and, with respect to such claims, is DISMISSED in accordance with the provisions of 28 U.S.C. 2244(b)(3)(A), as Sunday has failed to obtain the requisite order from the Eleventh Circuit Court of A ppeals authorizing a federal district court to consider his successive habeas application. 3. The petitioner's Motion for Relief from Judgment under FRCP 60(b) is DENIED. 4. This case is DISMISSED with prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 6/23/2009. (dmn)
April 21, 2009 10 Opinion or Order of the Court REPORT AND RECOMMENDATION that: 1. To the extent Sunday presents claims which substantively address federal grounds for setting aside his sexual abuse conviction, this action constitutes a second or successive habeas petition and, with respect to suc h claims, is due to be DISMISSED, in accordance with the provisions of 28 U.S.C. 2244(b)(3)(A), as Sunday has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. 2. The petitioner's motion for relief from judgment under FRCP 60(b) be DENIED. 3. This case be DISMISSED with prejudice. Objections to R&R due by 5/4/2009. Signed by Honorable Wallace Capel, Jr. on 4/21/2009. (dmn)

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Search for this case: Sunday v. Lee County Circuit Court et al (INMATE1)
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Plaintiff: Timothy Lee Sunday
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Defendant: Lee County Circuit Court
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Defendant: State of Alabama
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Defendant: Billy Mitchem
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Defendant: Troy King
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