Foster v. Ivey et al (INMATE 3)
| Danny Foster, Sr. |
| Joseph H. Headley, Kay Ivey, Randolph County Circuit Court and Steven T. Marshall |
| 3:2022cv00070 |
| February 8, 2022 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| R Austin Huffaker |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on March 9, 2022. A more recent docket listing may be available from PACER.
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Filing 6
ORDER: construing #5 as a notice of voluntary dismissal under Rule 41(a)(1) of the Federal Rules of Civil Procedure, as further set out in order. It is ORDERED that this action is DISMISSED without prejudice under Fed. R. Civ. P. 41(a)(1). The Clerk of Court is DIRECTED to close this case. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/9/2022. (Attachments: #1 Civil Appeals Checklist)(cwl, )
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| NOTICE of Voluntary Dismissal by Danny Foster, Sr., as construed in the Court's #6 Order. (NO pdf attached to this entry - see doc #5 for pdf) (cwl, ) |
| Filing 5 MOTION to Withdraw #1 Petition for Writ of Habeas Corpus, CONSTRUED as a notice of voluntary dismissal under Rule 41(a)(1) of the FRCP PURSUANT TO THE COURT'S #6 ORDER by Danny Foster, Sr. (cwl, ) Modified on 3/9/2022 (cwl, ). |
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Filing 4
ORDER: it is ORDERED that by 3/7/2022, Foster shall inform the Court whether he seeks to: (1) proceed before the Court under 28 U.S.C. 2254 on the claims in his petition (Doc. #1 ); 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; or (3) withdraw his petition. Foster is CAUTIONED that if he fails to file a response in compliance with this order, this case will proceed under 28 U.S.C. 2254 with the Court considering only the claims in the original petition (i.e., Doc. #1 ). The Clerk is DIRECTED to take all necessary steps to amend the Court docket to reflect that this matter is docketed as a 28 U.S.C. 2254 petition. Signed by Honorable Judge Charles S. Coody on 2/14/2022. (cwl, )
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Filing 3
ORDER ON MOTION: The petitioner's application for leave to proceed in forma pauperis (Doc. #2 ) is GRANTED. Signed by Honorable Judge Charles S. Coody on 2/14/2022. (furn: cashier) (cwl, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Danny Foster, Sr. (hrs, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Danny Foster, Sr.(hrs, ) |
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