Ezell v. Toney et al (INMATE 3)
Plaintiff: Adrian Maurice Ezell
Defendant: Debra Toney, Steven T. Marshall and Bibb County Correctional Facility
Case Number: 3:2018cv00697
Filed: July 30, 2018
Court: US District Court for the Middle District of Alabama
Office: Opelika Office
County: Bibb
Presiding Judge: Gray M Borden
Referring Judge: Emily C Marks
2 Judge: William Keith Watkins
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2018 Opinion or Order Filing 15 ORDER: it is ORDERED that on or before 10/1/2018, the respondents shall file a supplemental answer addressing the petitioner's argument that he is entitled to benefit from equitable tolling of the one-year limitation period in 28 USC 2244(d) in this case. Signed by Honorable Judge Gray M. Borden on 9/10/2018. (alm, )
September 10, 2018 Opinion or Order Filing 14 REPLY to #10 Response, RESPONSE TO ORDER TO SHOW CAUSE by Adrian Maurice Ezell re #13 Order to Show Cause (Attachments: #1 Supporting Documents)(alm, )
August 23, 2018 Opinion or Order Filing 13 ORDER: it is ORDERED that by 9/12/2018, Ezell shall show cause why his #1 2254 petition should not be denied and this case dismissed as his #1 petition was not filed within the one-year limitation period in 2244(d) and for the other reasons asserted by the respondents. Signed by Honorable Judge Gray M. Borden on 8/23/2018. (alm, )
August 22, 2018 Opinion or Order Filing 12 NOTICE of Error re #11 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement, which is here by STRICKEN as a clerical error; Dfts Marshall & Toney have already filed their conflict disclosure statement at doc. #6 .(alm, )
August 22, 2018 Opinion or Order Filing 11 (STRICKEN PURSUANT TO THE #12 NOTICE) Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Debra Toney & Steven T. Marshall; Corporate Disclosures due by 9/4/2018. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(alm, ) Modified on 8/22/2018 (alm, ).
August 22, 2018 Opinion or Order Filing 10 RESPONSE to #1 Petition for Writ of Habeas Corpus by Steven T. Marshall, Debra Toney. (Attachments: #1 Exhibit A - Direct appeal record, CR-11-19, #2 Exhibit B - Petitioner's brief on direct appeal, CR-11-19, #3 Exhibit C - State's brief on direct appeal, CR-11-19, #4 Exhibit D - Memorandum Opinion, CR-11-19, #5 Exhibit E - Certificate of Judgment, CR-11-19, #6 Exhibit F - Vol 1, Rule 32 record, CR-16-0619, #7 Exhibit F - Vol 2, Rule 32 record, CR-16-0619, #8 Exhibit F - Vol 3, Rule 32 record, CR-16-0619, #9 Exhibit G - Petitioner's brief on Rule 32 appeal, CR-16-0619, #10 Exhibit H - State's brief on Rule 32 appeal, CR-16-0619, #11 Exhibit I - Memorandum Opinion, CR-16-0619, #12 Exhibit J - Certificate of Judgment, CR-16-0619)(Brendle, Cecil)
August 22, 2018 Opinion or Order AO FORM 85 mailed to counsel for Steven T. Marshall & Debra Toney. (No pdf attached to this entry) (alm, )
August 7, 2018 Opinion or Order Filing 9 Case Reassigned to Honorable Judge Emily C. Marks as Presiding Judge; Chief Judge William Keith Watkins no longer assigned to the case.
August 6, 2018 Opinion or Order Filing 8 Return Receipt Card showing service of #1 Petition & #3 Order signed by Kristie Smith for Debra Toney served on 8/2/2018, answer due 8/22/2018. (alm, )
August 3, 2018 Opinion or Order Filing 7 Return Receipt Card showing service of #1 Petition & #3 Order signed by J. Taylor for Steven T. Marshall served on 8/2/2018, answer due 8/22/2018. (alm, )
August 3, 2018 Opinion or Order Filing 6 Corporate/Conflict Disclosure Statement by Steven T. Marshall, Debra Toney. (Brendle, Cecil)
August 3, 2018 Opinion or Order Filing 5 NOTICE of Appearance by Cecil Gordon Brendle, Jr on behalf of Steven T. Marshall, Debra Toney (Brendle, Cecil)
July 31, 2018 Opinion or Order Filing 4 ORDER ON MOTION: ORDER granting #2 Application for Leave to Proceed in forma pauperis. Signed by Honorable Judge Gray M. Borden on 7/31/2018. (alm, )
July 31, 2018 Opinion or Order Filing 3 ORDER TO ANSWER habeas petition on or before 8/22/2018; Copy mailed to petitioner; mailed CMRRR w/ copies of #1 petition to Warden Debra Toney & Attorney General for the State of Alabama. Signed by Honorable Judge Gray M. Borden on 7/31/2018. (alm, )
July 30, 2018 Opinion or Order Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Adrian Maurice Ezell. (beh, )
July 30, 2018 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus, filed by Adrian Maurice Ezell. (Attachments: #1 Habeas Corpus Petition Brief, #2 Supporting Documents)(beh, )

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Plaintiff: Adrian Maurice Ezell
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Defendant: Debra Toney
Represented By: Cecil Gordon Brendle, Jr.
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Defendant: Steven T. Marshall
Represented By: Cecil Gordon Brendle, Jr.
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Defendant: Bibb County Correctional Facility
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