Dakins v. Myers et al (INMATE 3)
Plaintiff: Patrick James Dakins
Defendant: Steven T. Marshall, Alabama Department of Corrections and Walter Myers
Case Number: 3:2019cv00664
Filed: September 11, 2019
Court: US District Court for the Middle District of Alabama
Presiding Judge: Stephen Michael Doyle
Referring Judge: Emily C Marks
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 June 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2019 Opinion or Order Filing 15 ORDER DIRECTING that on or before 11/26/2019, Respondents shall file a Supplemental Answer that addresses the following issues: 1) Petitioner's contention that he exhausted his claims in the state courts by seeking certiorari review in the Alabama Supreme Court after the Alabama Court of Criminal Appeals affirmed the Montgomery County Circuit Courts denial of Petitioner's petition for common law writ of certiorari (see Doc. #14 at 12); and 2) Petitioner's contention that the victim of his crime was over the age of 12 when the offense was committed (see Doc. #14 at 2) and whether, if this is the case, Petitioner was eligible for correctional incentive time. Signed by Honorable Judge Stephen Michael Doyle on 11/6/2019. (am, )
November 6, 2019 Opinion or Order Filing 14 REBUTTAL to #10 Response to Habeas Petition, by Patrick James Dakins. (Attachments: #1 Exhibit E (No Exhibits A-D), #2 Exhibit F (Redacted))(am, )
November 5, 2019 Opinion or Order Filing 13 ORDER: it is ORDERED that on or before 11/25/2019, Petitioner may file a response to the answer filed by Respondents, as further set out in order. Signed by Honorable Judge Stephen Michael Doyle on 11/5/2019. (wcl, )
October 30, 2019 Opinion or Order Filing 12 Corporate/Conflict Disclosure Statement by Alabama Department of Corrections, Steven T. Marshall, Walter Myers re #11 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Lewis, Madeline)
October 30, 2019 Opinion or Order Filing 11 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Walter Myers Steven T. Marshall & Alabama Department of Corrections; Corporate Disclosures due by 11/12/2019. (Attachments: #1 Standing Order and Format)(am, )
October 30, 2019 Opinion or Order AO FORM 85 mailed to counsel for Alabama Department of Corrections, Steven T. Marshall, & Walter Myers. (NO PDF attached to this entry). (am, )
October 29, 2019 Opinion or Order Filing 10 RESPONSE to #1 Petition for Writ of Habeas Corpus by Alabama Department of Corrections, Steven T. Marshall, Walter Myers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Lewis, Madeline)
October 11, 2019 Opinion or Order Filing 9 Return Receipt Card showing service of #7 Order & Petition signed by Barbara Baldwin for Steven T. Marshall served on 10/9/2019, answer due 10/29/2019. (am, )
October 10, 2019 Opinion or Order Filing 8 Return Receipt Card showing service of petition and order of procedure signed by Sharon Blakely for Walter Myers served on 10/9/2019, answer due 10/29/2019. (djy, )
October 7, 2019 Opinion or Order Filing 7 ORDER TO ANSWER habeas petition on or before 10/29/2019; Copy mailed to petitioner; mailed CMRRR w/copies of petition to Warden Walter Myers & Attorney General for the State of Alabama, as further set out in Order. Signed by Honorable Judge Stephen Michael Doyle on 10/7/2019. (am, )
October 7, 2019 Opinion or Order Filing 6 Response to #5 Order, filed by Patrick James Dakins. (am, )
September 30, 2019 Opinion or Order Filing 5 ORDER DIRECTING that on or 10/16/2019, Dakins shall inform this court whether he seeks to do one of the following: 1) Proceed before this court under 28 U.S.C. 2254 on the claims presented in his #1 petition; or 2) Amend his petition to assert any additional claims under 28 U.S.C. 2254 on which he wishes to challenge the state court judgment under which he is incarcerated; or 3) Withdraw his petition, as further set out in Order. Signed by Honorable Judge Stephen Michael Doyle on 9/30/2019. (am, )
September 27, 2019 Opinion or Order Filing 4 Habeas Filing fee received: $5.00, receipt number 4602055057. (am, )
September 12, 2019 Opinion or Order Filing 3 ORDER it is ORDERED that: 1) On or before 9/27/2019, Petitioner shall forward to the Clerk of the Court the $5.00 filing fee; and 2) Except to the extent that payment is required under this order, Petitioner's #2 application for leave to proceed in forma pauperis is GRANTED. Signed by Honorable Judge Stephen Michael Doyle on 9/12/2019. (Furnished to: Cashier & CB) (am, )
September 11, 2019 Opinion or Order Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Patrick James Dakins. (bes, )
September 11, 2019 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus, filed by Patrick James Dakins. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(bes, ) (Main Document 1 replaced on 9/12/2019) (am, ).

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Defendant: Steven T. Marshall
Represented By: Madeline Hinson Lewis
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Defendant: Alabama Department of Corrections
Represented By: Madeline Hinson Lewis
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Defendant: Walter Myers
Represented By: Madeline Hinson Lewis
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Plaintiff: Patrick James Dakins
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