Hutchinson v. Calloway (INMATE 3)
| Fitzgerald Hutchinson |
| Rolanda Calloway |
| 3:2023cv00492 |
| August 16, 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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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: it is ORDERED that this #14 Motion for Extension of Time is GRANTED and that the deadline for Petitioner to show cause why his 2254 petition should not be dismissed because it was not filed within the limitation period in 28 USC 2244(d) and for the other reasons asserted by Respondents is EXTENDED to 11/22/2023. Signed by Magistrate Judge Stephen Michael Doyle on 10/5/2023. (bes, )
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| Filing 14 MOTION Requesting 30 Days to Respond to the States Answer by Fitzgerald Hutchinson. (bes, ) |
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Filing 13
ORDER TO SHOW CAUSE: it is: ORDERED that by 10/23/2023 Hutchinson 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. Signed by Magistrate Judge Stephen Michael Doyle on 10/2/2023. (bes, )
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| Filing 12 RESPONDENT'S ANSWER to Complaint by Rolanda Calloway. (Attachments: #1 Exhibit A - Memorandum Opinion, CR-18-0175, #2 Exhibit B - Certificate of judgment, CR-18-0175, #3 Exhibit C - Petition for writ of mandamus, CR-23-0176, #4 Exhibit D - Order dismissing petition, CR-23-0176, #5 Exhibit E - Circuit Court order, CC-2016-534.62, #6 Exhibit F - State's motion to dismiss, CC-2016-534.62, #7 Exhibit G - Hutchinson's mpotion for final disposition, CC-2016-534.62, #8 Exhibit H - Final order, CC-2016-534.61, #9 Exhibit I - rule 32 petition, CC-2016-534.61)(Davis, John) |
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Filing 11
ORDER: construing the #10 document as a motion to supplement the 2254 petition; it is ORDERED that the #10 motion to supplement is GRANTED; It is further ORDERED that the deadline for Respondents to file an answer to the 2254 petition is EXTENDED to 9/29/2023. Signed by Magistrate Judge Stephen Michael Doyle on 9/8/2023. (am, )
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| Filing 10 MOTION to Serve Supplemental & or Incorporate Into the Record by Fitzgerald Hutchinson, construed as a Motion to Supplement the 2254 Petition, pursuant to the #11 Order). (Attachments: #1 Attachment)(am, ) Modified on 9/8/2023 (am, ). |
| Filing 9 Return Receipt Card showing service of #1 Petition & #4 Order signed by K. Jackson for Rolanda Calloway served on 8/30/2023, answer due 9/15/2023. (bes, ) |
| Filing 8 AO FORM 85 sent to counsel for Rolanda Calloway. 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. (bes, ) |
| Filing 7 Return Receipt Card showing service of the #1 Petition and #4 Order signed by Sandra Blackmon for Steven T. Marshall, served on 8/28/2023. (bes, ) |
| Filing 6 NOTICE of Appearance by John Judson Davis on behalf of Rolanda Calloway (Davis, John) |
| Filing 5 Corporate/Conflict Disclosure Statement by Rolanda Calloway. (Davis, John) |
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Filing 4
ORDER TO ANSWER habeas petition on or before 9/15/2023; Copy mailed to petitioner; mailed CMRRR w/copies of petition to Warden at Elmore CF & Attorney General for the State of Alabama. Signed by Magistrate Judge Stephen Michael Doyle on 8/24/2023. (bes, )
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| Filing 3 Partial Filing Fee Received: $ 5.00, receipt number 2973 (bes, ) |
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Filing 2
ORDER: it is ORDERED that on or before 8/30/2023, Petitioner shall either submit the $5.00 filing fee or file the appropriate affidavit in support of a motion to proceed in forma pauperis; The Clerk is DIRECTED to send Petitioner a form for use in filing a motion to proceed in forma pauperis. Signed by Magistrate Judge Stephen Michael Doyle on 8/16/2023. (Furn: Cashier) (bes, )
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Fitzgerald Hutchinson. (NO FILING FEE; NO IFP) (Attachments: #1 Supporting Documents)(bes, ) |
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| Plaintiff: Fitzgerald Hutchinson | |
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| Defendant: Rolanda Calloway | |
| Represented By: | John Judson Davis |
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