Dowdell v. United States of America (INMATE 2)
| Kirston Jermaine Dowdell |
| United States of America |
| 3:2023cv00541 |
| September 13, 2023 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| Kelly F Pate |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 6
FINAL JUDGMENT: In accordance with the Order of the Court entered on this day adopting the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT, and DECREE of the Court that this 28 U.S.C. 2255 motion is DISMISSED for lack of jurisdiction because the required permission has not been obtained from the Eleventh Circuit Court of Appeals. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/18/2023. Furnished WW, LW. (Attachments: #1 Civil Appeals Checklist) (dmn, ) Modified on 10/20/2023 to include furnished text. (dmn, )
|
|
Filing 5
ORDER: On 9/25/2023, the Magistrate Judge entered a Recommendation (Doc. #4 ) that Petitioner's motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 be dismissed for lack of jurisdiction because the required permission to file a successive 2255 motion has not been obtained from the Eleventh Circuit Court of Appeals. No timely objections have been filed. After an independent review of the record and upon consideration of the Recommendation, it is hereby ORDERED that the Recommendation is ADOPTED and Petitioner's #1 Motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 is DISMISSED for lack of jurisdiction because the required permission has not been obtained from the Eleventh Circuit Court of Appeals. Final judgment will be entered separately. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/18/2023. (dmn, )
|
| NO OBJECTIONS filed to #4 Recommendation of the Magistrate Judge. (dmn, ) (no pdf) |
| Filing 4 RECOMMENDATION OF THE MAGISTRATE JUDGE: the undersigned Magistrate Judge RECOMMENDS this 2255 #1 motion be DISMISSED for lack of jurisdiction because Dowdell failed to obtain the required authorization from the Eleventh Circuit Court of Appeals to file a successive 2255 motion; Objections to R&R due 10/10/2023. Signed by Magistrate Judge Kelly F. Pate on 9/25/2023. (amf, ) |
| Filing 3 NOTICE of Correction re #2 Notice of Appearance, to attach a corrected PDF document to reflect the proper division in the header & the case number as Eastern. (Attachments: #1 Main PDF to Document #2 )(amf, ) |
| Filing 2 NOTICE of Appearance by Brett J. Talley on behalf of United States of America (Talley, Brett) (Main Document 2 replaced on 9/18/2023 to attach a corrected PDF document to reflect the proper division in the header & the case number as Eastern) (amf, ). (Additional attachment(s) added on 9/18/2023: #1 Corrected Certificate of Service) (amf, ). |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Kirston Jermaine Dowdell. (Attachments: #1 Criminal Docket Sheet, #2 Criminal Judgment, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(amf, ) (Main Document 1 replaced on 9/18/2023 to correct the division in the case number) (amf, ). Modified on 9/18/2023 (amf, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Alabama Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Dowdell v. United States of America (INMATE 2) | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Kirston Jermaine Dowdell | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: United States of America | |
| Represented By: | Kevin P Davidson |
| Represented By: | Brett J. Talley |
| Represented By: | Hollie Worley Reed |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
