Heard v. McClain et al (INMATE 3)
| Corey Bernard Heard |
| Antonio McClain and Steven T. Marshall |
| 3:2023cv00418 |
| July 11, 2023 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| 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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Filing 13
ORDER: it is ORDERED that by 9/28/2023, Heard shall SHOW CAUSE why his 2254 petition should not be dismissed as untimely under AEDPA's one-year limitation period and for the other reasons argued by Respondents, as further set out in Order. Signed by Magistrate Judge Stephen Michael Doyle on 9/8/2023. (am, )
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| Filing 12 Respondents' ANSWER to Complaint by Steven T. Marshall, Antonio McClain. (Attachments: #1 Exhibit A - Case action summary, CC-2019-681, #2 Exhibit B - Case action summary, CC-2019-681.60, #3 Exhibit C - Case action summary, CC-2019-405, #4 Exhibit D - Guilty plea, CC-2019-681, #5 Exhibit E - Lee County transcript of conviction report, CC-2019-681, #6 Exhibit F - Rule 32 petition, CC-2019-681.60, #7 Exhibit G - Order denying IFP status, CC-2019-681.60, #8 Exhibit H - Order dismissing Rule 32 petition, CC-2019-681.60, #9 Exhibit I - Guilty Plea Documents - CC-2019-405, #10 Exhibit J - Order of Probation, CC-2019-405, #11 Exhibit K - Order of Committal, CC-2019-405, #12 Exhibit L - Ala. Department of Corrections Inmate Summary, CC-2019-405)(Davis, John) |
| Filing 11 Return Receipt Card showing service of #1 Petition, #6 Order to Answer signed by Sandra Blackmon for Steven T. Marshall served on 8/4/2023, answer due 8/23/2023. (hrr, ) |
| Filing 10 AO FORM 85 sent to counsel for Steven T. Marshall, Antonio McClain. NOTICE TO COUNSEL: If the parties wish to consent to the jurisdiction of a US Magistrate Judge, counsel is required to print, sign and mail this form to all parties/counsel in this case. This form should not be returned to the Clerk's Office unless all parties have consented. (hrr, ) |
| Filing 9 NOTICE of Appearance by John Judson Davis on behalf of Steven T. Marshall, Antonio McClain (Davis, John) |
| Filing 8 Corporate/Conflict Disclosure Statement by Steven T. Marshall, Antonio McClain. (Davis, John) |
| Filing 7 Return Receipt Card showing service of #1 Petition & #6 Order signed by illegible for Antonio McClain served on 8/4/2023, answer due 8/23/2023. (am, ) |
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Filing 6
ORDER TO ANSWER habeas petition on ore before 8/23/2023; Copy mailed to petitioner; mailed CMRRR w/copies of #1 petition to Warden Antonio McClain & Attorney General for the State of Alabama. Signed by Magistrate Judge Stephen Michael Doyle on 8/2/2023. (amf, )
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| Filing 5 Filing fee: $ 5.00, receipt number 2791 (hrr, ) |
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Filing 4
ORDER: it is ORDERED that: 1. By July 27, 2023, Petitioner shall forward to the Clerk of Court the $5.00 filing fee; and 2. Except to the extent that payment is required under this order, Petitioner's application for leave to proceed in forma pauperis (Doc. #2 ) is GRANTED.Petitioner is CAUTIONED that his failure to comply with this order by paying the filing fee will result in a recommendation by the undersigned that this case be dismissed. Signed by Magistrate Judge Stephen Michael Doyle on 7/12/2023. (furn: Cashier) (hrr, )
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| Filing 3 Prisoner Trust Fund Account Statement by Corey Bernard Heard. (tls, ) |
| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Corey Bernard Heard. (tls, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Corey Bernard Heard.(tls, ) |
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