McCray v. Cummins et al (INMATE2)

Plaintiff: Robert L. McCray
Defendant: John Cummins, Troy King and Parole Board State of Alabama
Case Number: 3:2009cv00659
Filed: July 15, 2009
Court: Alabama Middle District Court
Office: Opelika Office
County: Montgomery
Presiding Judge: Ira De Ment
Referring Judge: Terry F. Moorer
Nature of Suit: None
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
November 16, 2009 28 Opinion or Order of the Court FINAL JUDGMENT in favor of the respondents and against the petitioner; the petition for a writ of habeas corpus is dismissed without prejudice. The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Ira De Ment on 11/16/09. (br, )
November 12, 2009 26 Opinion or Order of the Court ORDER and OPINION adopting 15 RECOMMENDATION of the Magistrate Judge; dismissing Petitioner's habeas claims in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) to the extent they challenge petitioner's 1992 convictions for second degree kidnapping and second degree assault, as he 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; referring this case back to the Magistrate Judge for further proceedings. Signed by Honorable Ira De Ment on 11/12/09. (br, ) Modified on 11/12/2009 to clarify text (br, ).
September 22, 2009 22 Opinion or Order of the Court RECOMMENDATION OF THE MAGISTRATE JUDGE that the petition for habeas corpus relief filed by Petitioner Robert McCray be DISMISSED without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies; it is further ORDERED that on or before October 5, 2009 the parties may file objections to the Recommendation. Objections to R&R due by 10/5/2009. Signed by Honorable Terry F. Moorer on 9/22/09. (br, )
September 1, 2009 20 Opinion or Order of the Court ORDER granting 19 MOTION for Extension of Time to file response to 16 Supplemental Answer; Petitioner is GRANTED an extension from September 18, 2009 to and including September 25, 2009 to file said response. Signed by Honorable Terry F. Moorer on 9/1/09. (br, )
August 28, 2009 18 Opinion or Order of the Court ORDER that on or before September 18, 2009 Petitioner shall show cause why his petition should not be dismissed for failure to exhaust state remedies. Signed by Honorable Terry F. Moorer on 8/28/09. (br, )
August 17, 2009 15 Opinion or Order of the Court ORDER AND RECOMMENDATION of the Magistrate Judge that: 1) To the extent the instant habeas application represents an attempt to once again challenge Petitioner's 1992 convictions for second degree kidnapping and second degree assault, such claim s are due to be DISMISSED in accordance with the provisions of 28 USC 2244(b)(3)(A) as Petitioner has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habe as application; 2) This case be REFERRED back to the undersigned for further proceedings as directed herein; ORDERED that to the extent Petitioner seeks to challenge a revocation of parole, Respondents shall, on or before 9/3/2009, file an answer in response thereto in accordance with the provisions of the court's 5 Order; Objections to R&R due by 9/3/2009. Signed by Honorable Terry F. Moorer on 8/17/2009. (wcl, )

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Plaintiff: Robert L. McCray
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Defendant: John Cummins
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Defendant: Troy King
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Defendant: Parole Board State of Alabama
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