Gary v. Toney et al (INMATE 3)
| James Edward Gary, Jr. |
| Deborah Toney and Steven T. Marshall |
| 3:2022cv00122 |
| March 9, 2022 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Stephen Michael Doyle |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 7
FINAL JUDGMENT: the #4 Final Judgment of 4/11/2022 is WITHDRAWN, and the following Judgment is entered; it is the ORDER, JUDGMENT, and DECREE of the court that judgment is entered in favor of Respondents and against Petitioner and this action is DISMISSED under 28 USC 2244(b)(3); DIRECTING the Clerk of the Court to enter this document on the docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge W. Harold Albritton, III on 4/19/2022. (Attachments: #1 Civil Appeals Checklist)(es, )
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Filing 6
ORDER: the Court's #3 Order of 4/11/2022 is WITHDRAWN; it is ORDERED that: (1) Petitioner's #5 Objection is OVERRULED; (2) the Magistrate Judge's #2 Recommendation is ADOPTED; and (3) this case is DISMISSED for lack of jurisdiction, in accordance with the provisions of 28 USC 2244(b)(3)(A), because Petitioner has not obtained the required permission from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider Petitioner's successive habeas application; A final judgment will be entered separately. Signed by Honorable Judge W. Harold Albritton, III on 4/19/2022. (es, )
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| Filing 5 OBJECTION to the #2 Magistrate Judge Recommendations by James Edward Gary, Jr. (Attachments: #1 11th Circuit Application for Leave to File a Second or Successive Habeas Corpus Petition)(es, ) |
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Filing 4
(WITHDRAWN PURSUANT TO THE COURT'S #7 ORDER) FINAL JUDGMENT: In accordance with the prior proceedings, opinions, and orders of the court, it is the ORDER, JUDGMENT, and DECREE of the court that judgment is entered in favor of Respondents and against Petitioner and this action is DISMISSED under 28 USC 2244(b)(3); The Clerk of the Court is DIRECTED to enter this document on the docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge W. Harold Albritton, III on 4/11/2022. (es, ) (Additional attachment(s) added on 4/11/2022: #1 Civil Appeals Checklist) (es, ). Modified on 4/11/2022 to add Civ Appeals Cklist. (es, ). Modified on 4/19/2022 (es, ).
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Filing 3
(WITHDRAWN PURSUANT TO THE COURT'S #6 ORDER) ORDER: it is ORDERED that: (1) the Magistrate Judge's #2 Recommendation is ADOPTED; and (2) this case DISMISSED for lack of jurisdiction, in accordance with the provisions of 28 USC 2244(b)(3)(A), because Petitioner has not obtained the required permission from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider Petitioner's successive habeas application. Signed by Honorable Judge W. Harold Albritton, III on 4/11/2022. (es, ) Modified on 4/19/2022 (es, ).
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| No Objections received re #2 RECOMMENDATION. (No PDF attached to this entry) (es, ) |
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Filing 2
RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that Gary's 28 USC 2254 petition (Doc. #1 ) be DISMISSED for lack of jurisdiction, as Gary 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; Objections to R&R due by 3/28/2022. Signed by Honorable Judge Stephen Michael Doyle on 3/14/2022. (es, )
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by James Edward Gary, Jr. (NO IFP; NO FILING FEE) (Attachments: #1 Attachment)(bll, ) |
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