Tyson v. Dunn (DEATH PENALTY)

Tyson v. Dunn (DEATH PENALTY)

Plaintiff:	Anthony Tyson
Defendant:	Jefferson S. Dunn
Case Number:	3:2017cv00719
Filed:	October 20, 2017
Court:	US District Court for the Middle District of Alabama
Office:	Opelika Office
County:	Escambia
Presiding Judge:	Susan Russ Walker
Presiding Judge:	William Keith Watkins
Nature of Suit:	Death Penalty
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
November 4, 2020	Filing 48 MEMORANDUM OPINION AND ORDER: it is ORDERED that: 1) Petitioner Tyson's 41 Motion to Require the State to Show Cause for Failing to Comply with the Court's Scheduling Order is GRANTED; 2) The State's 43 response to Petitioner� 39;s motion demonstrates excusable neglect for its failure to comply with the Scheduling Order; 3) The State's 43 Motion for an Extension Pursuant to Rule 6(b)(1)(B) FRCP to file an Answer to Tyson's Second Amended Petition is GRANTED; 4) The State's 45 Motion to Accept Answer as Timely Filed is GRANTED; 5) The State's 46 Answer to Second Amended Petition for Writ of Habeas Corpus is DEEMED properly filed; 6) Tyson's 47 Motion to Strike the State's Answer is DENIED; 7) On or before 11/23/2020, the State shall submit to the Clerk true and correct copies of all pertinent state court records from Petitioner's state court proceedings, as further set out in order; 8) On or before 11/23/2020, pursuant to Federal Habeas Rule 5(e), Petitioner may file a reply to the State's answer; 9) Any party seeking an extension of the foregoing deadlines must file a motion prior to the expiration of the deadline and must set forth detailed reasons why that party, despite the exercise of due diligence and in consideration of the passage of time, cannot comply with the deadline. Signed by Honorable Judge William Keith Watkins on 11/4/2020. (amf, )
May 29, 2020	Filing 39 MEMORANDUM OPINION AND ORDER: It is ORDERED that: 1. Respondent's Motion to Strike New Issues Raised in Petitioner's Reply Brief (Doc. 35 ) is DENIED. 2. Tyson's request for leave to file an amended petition (Doc. 38 at 6) is GRA NTED. 3. On or before 6/15/2020, Tyson is directed to re-file his Reply (Doc. 27 ) and to caption it as a Second Amended Petition. 4. On or before 7/15/2020, Respondent shall file is answer or other responsive pleading to Petitioner's Second Am ended Petition as further set out in the opinion and order. 5. Respondent shall clearly and directly respond to the issue of whether Petitioner has exhausted available state remedies as further set out in the opinion and order. 6. On or before thirty days after the date Respondent files his answer or responsive pleading, Respondent shall submit to the Clerk of the Court true and correct copies of all pertinent state court records from Petitioner's state court proceedings, including copies o f any and all still-available juror questionnaires completed by Petitioner's jury venire members (consideration of which is necessary in order to resolve Petitioner's Batson claim). 7. On or before thirty days after Respondent serves Petit ioner's counsel of record with a copy Respondent's answer or other responsive pleading, pursuant to Rule 5(d) of the Rules Governing Habeas Corpus Cases Under Section 2254, Petitioner shall file with the Clerk of the Court any reply Petitio ner wishes to make to Respondent's answer or other responsive pleading. 8. Any party seeking an extension of the foregoing deadlines shall file a written motion as further set out in the opinion and order. 9. This action is referred to United States Magistrate Judge Jerusha T. Adams for all procedural and discovery matters that may arise herein. Signed by Honorable Judge William Keith Watkins on 5/29/2020. (dmn, )

Date Filed

Document Text

November 4, 2020

Filing 48 MEMORANDUM OPINION AND ORDER: it is ORDERED that: 1) Petitioner Tyson's 41 Motion to Require the State to Show Cause for Failing to Comply with the Court's Scheduling Order is GRANTED; 2) The State's 43 response to Petitioner� 39;s motion demonstrates excusable neglect for its failure to comply with the Scheduling Order; 3) The State's 43 Motion for an Extension Pursuant to Rule 6(b)(1)(B) FRCP to file an Answer to Tyson's Second Amended Petition is GRANTED; 4) The State's 45 Motion to Accept Answer as Timely Filed is GRANTED; 5) The State's 46 Answer to Second Amended Petition for Writ of Habeas Corpus is DEEMED properly filed; 6) Tyson's 47 Motion to Strike the State's Answer is DENIED; 7) On or before 11/23/2020, the State shall submit to the Clerk true and correct copies of all pertinent state court records from Petitioner's state court proceedings, as further set out in order; 8) On or before 11/23/2020, pursuant to Federal Habeas Rule 5(e), Petitioner may file a reply to the State's answer; 9) Any party seeking an extension of the foregoing deadlines must file a motion prior to the expiration of the deadline and must set forth detailed reasons why that party, despite the exercise of due diligence and in consideration of the passage of time, cannot comply with the deadline. Signed by Honorable Judge William Keith Watkins on 11/4/2020. (amf, )

May 29, 2020

Filing 39 MEMORANDUM OPINION AND ORDER: It is ORDERED that: 1. Respondent's Motion to Strike New Issues Raised in Petitioner's Reply Brief (Doc. 35 ) is DENIED. 2. Tyson's request for leave to file an amended petition (Doc. 38 at 6) is GRA NTED. 3. On or before 6/15/2020, Tyson is directed to re-file his Reply (Doc. 27 ) and to caption it as a Second Amended Petition. 4. On or before 7/15/2020, Respondent shall file is answer or other responsive pleading to Petitioner's Second Am ended Petition as further set out in the opinion and order. 5. Respondent shall clearly and directly respond to the issue of whether Petitioner has exhausted available state remedies as further set out in the opinion and order. 6. On or before thirty days after the date Respondent files his answer or responsive pleading, Respondent shall submit to the Clerk of the Court true and correct copies of all pertinent state court records from Petitioner's state court proceedings, including copies o f any and all still-available juror questionnaires completed by Petitioner's jury venire members (consideration of which is necessary in order to resolve Petitioner's Batson claim). 7. On or before thirty days after Respondent serves Petit ioner's counsel of record with a copy Respondent's answer or other responsive pleading, pursuant to Rule 5(d) of the Rules Governing Habeas Corpus Cases Under Section 2254, Petitioner shall file with the Clerk of the Court any reply Petitio ner wishes to make to Respondent's answer or other responsive pleading. 8. Any party seeking an extension of the foregoing deadlines shall file a written motion as further set out in the opinion and order. 9. This action is referred to United States Magistrate Judge Jerusha T. Adams for all procedural and discovery matters that may arise herein. Signed by Honorable Judge William Keith Watkins on 5/29/2020. (dmn, )

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Plaintiff: Anthony Tyson
Represented By:	George B Bulls, II
Represented By:	Kurt Calia
Represented By:	Gary Rubman
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Defendant: Jefferson S. Dunn
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