Mashburn v. Thomas
Defendant: Jefferson Dunn
Petitioner: Ellis Louis Mashburn, JR
Respondent: Kim Thomas
Case Number: 1:2014cv01829
Filed: September 26, 2014
Court: US District Court for the Northern District of Alabama
Office: Eastern Office
County: Calhoun
Presiding Judge: L Scott Coogler
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2022 Opinion or Order Filing 50 ORDER of USCA as to #46 Notice of Appeal filed by Ellis Louis Mashburn, JR. Motion for certificate of appealability filed by Appellant Ellis Louis Mashburn, Jr. is GRANTED. (PSM)
February 1, 2022 Opinion or Order Filing 49 USCA Case Number 22-10329-P for #46 Notice of Appeal filed by Ellis Louis Mashburn, JR. (PSM)
January 26, 2022 Opinion or Order Filing 48 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #46 Notice of Appeal. (PSM)
January 26, 2022 Opinion or Order Filing 47 TRANSMITTAL LETTER re #46 Notice of Appeal. (PSM)
January 26, 2022 Opinion or Order Filing 46 NOTICE OF APPEAL by Ellis Louis Mashburn, JR. Filing fee $ 505, receipt number 1126-4001715. (Keller, Richard) NDAL rec# B4601118146 Modified on 1/27/2022 (KAM).
January 4, 2022 Opinion or Order Filing 45 ORDER denying #44 Motion to Alter Judgment. Signed by Judge L Scott Coogler on 1/4/2022. (PSM)
April 28, 2021 Opinion or Order Filing 44 MOTION to Alter Judgment or Amend Judgment by Ellis Louis Mashburn, JR. (Keller, Richard)
March 31, 2021 Opinion or Order Filing 43 DISMISSAL ORDER In accordance with the Memorandum of Opinion entered contemporaneously herewith, it is hereby ORDERED, ADJDUGED, and DECREED that the petition for writ of habeas corpus is DENIED and this action is hereby DISMISSED WITH PREJUDICE. A certificate of appealability under 28 U.S.C. 2253(c) will not be issued. Signed by Judge L Scott Coogler on 3/31/2021. (PSM)
March 31, 2021 Opinion or Order Filing 42 MEMORANDUM OF OPINION. Signed by Judge L Scott Coogler on 3/31/2021. (PSM)
September 4, 2019 Opinion or Order Filing 41 ORDER DENYING WITHOUT PREJUDICE #25 MOTION for Evidentiary Hearing as set out herein. Signed by Judge L Scott Coogler on 9/4/2019. (JLC)
May 16, 2019 Opinion or Order Filing 40 REPLY to In Support of Amended Petition for Writ of Habeas Corpus filed by Ellis Louis Mashburn, JR. (Keller, Richard)
May 7, 2019 Opinion or Order Filing 39 TEXT ORDER granting #37 Motion for Extension of Time to File Response/Reply. Signed by Judge L. Scott Coogler on May 7, 2019. (ABN)
May 6, 2019 Opinion or Order Filing 38 NOTICE of Appearance by Erin Cornelius Howell on behalf of Ellis Louis Mashburn, JR (Howell, Erin)
May 6, 2019 Opinion or Order Filing 37 MOTION for Extension of Time to File Response/Reply to Respondent's Answer by Ellis Louis Mashburn, JR. (Keller, Richard)
April 5, 2019 Opinion or Order Filing 36 TEXT ORDER granting #34 Motion for Extension of Time. Signed by Judge L. Scott Coogler on April 5, 2019. (ABN)
April 5, 2019 Opinion or Order Filing 35 TEXT ORDER granting #33 Motion to Withdraw as Attorney. Attorney Megan P. Stephens terminated. Signed by Judge L. Scott Coogler on April 5, 2019. (ABN)
April 3, 2019 Opinion or Order Filing 34 MOTION for Extension of Time (Enlargement of Time) by Ellis Louis Mashburn, JR. (Keller, Richard)
April 3, 2019 Opinion or Order Filing 33 MOTION to Withdraw as Attorney Megan P. Stephens by Ellis Louis Mashburn, JR. (Keller, Richard)
March 8, 2019 Opinion or Order Filing 32 RESPONSE to Petition for Writ of Habeas Corpus (Respondent's Answer to Mashburn's Petition for Writ of Habeas Corpus by Kim Thomas.(Anderson, Richard)
March 4, 2019 Opinion or Order Filing 31 TEXT ORDER granting #28 Motion for Extension of Time. Signed by Judge L. Scott Coogler on March 4, 2019. (ABN)
March 4, 2019 Opinion or Order Filing 30 RESPONSE to re #21 (Respondent's Habeas Corpus Checklist) filed by Kim Thomas. (Anderson, Richard) (Additional attachment(s) added on 8/25/2020: #1 Vol 1, #2 Vol 2, #3 Vol 3, #4 Vol 4, #5 Vol 5, #6 Vol 6, #7 Vol 7, #8 Vol 8, #9 Vol 9, #10 Vol 10, #11 Vol 11, #12 Vol 12, #13 Vol 13, #14 Vol 14, #15 Vol 15, #16 Vol 16, #17 Vol 17, #18 Vol 18, #19 Vol 19, #20 Vol 20, #21 Vol 21, #22 Vol 22, #23 Vol 23 part 1, #24 Vol 23 part 2, #25 Volume 24, #26 Vol 25, #27 Vol 26, #28 Vol 27, #29 Vol 28) (KAM, ).
March 4, 2019 Opinion or Order Filing 29 NOTICE by Kim Thomas (Notice of Manual Filing) (Anderson, Richard)
March 1, 2019 Opinion or Order Filing 28 MOTION for Extension of Time by Jefferson Dunn. (Anderson, Richard)
February 4, 2019 Opinion or Order Filing 27 TEXT ORDER granting #26 Motion for Extension of Time. Signed by Judge L. Scott Coogler on February 4, 2019. (ABN)
February 1, 2019 Opinion or Order Filing 26 MOTION for Extension of Time by Jefferson Dunn. (Anderson, Richard)
January 3, 2019 Opinion or Order Filing 25 MOTION for Hearing Evidentiary by Ellis Louis Mashburn, JR. (Keller, Richard)
January 3, 2019 Opinion or Order Filing 24 AMENDED PETITION FOR WRIT OF HABEAS CORPUS BY PRISONER IN STATE CUSTODY UNDER DEATH SENTENCE filed by Ellis Louis Mashburn, JR (Keller, Richard) Modified on 1/3/2019 (PSM).
January 3, 2019 Opinion or Order Filing 23 CERTIFICATE of Counsel by Richard C Keller on behalf of Ellis Louis Mashburn, JR (Keller, Richard)
January 3, 2019 Opinion or Order Filing 22 RESPONSE to re #21 filed by Ellis Louis Mashburn, JR. (Keller, Richard)
December 4, 2018 Opinion or Order Filing 21 ORDER GOVERNING FURTHER PROCEEDINGS. Signed by Judge L Scott Coogler on 12/4/2018. (PSM)
November 30, 2017 Opinion or Order Filing 20 MANDATE of USCA as to Notice of Appeal filed by Ellis Louis Mashburn, JR. Before HULL, JORDAN and JULIE CARNES, Circuit Judges. For the foregoing reasons, we REVERSE the district court's order dismissing Mashburn's 2254 petition as time-barred and REMAND for a consideration of the claims asserted in the petition on the merits. (Attachments: #1 Opinion)(PSM)
February 24, 2016 Opinion or Order Filing 19 Certified and Transmitted Record on Appeal to US Court of Appeals re Notice of Appeal (KAM, )
September 29, 2015 Opinion or Order Filing 18 ORDER of USCA as to Notice of Appeal filed by Ellis Louis Mashburn, JR. ORDER: Motion for certificate of appealability filed by Appellant Ellis Louis Mashburn, Jr. is GRANTED as to (1) whether Appellant's 2254 petition was timely pursuant to 2244(d)(2) and (2) whether equitable tolling applies under the circumstances of this case. (PSM)
April 3, 2015 Opinion or Order USCA Appeal Fees received $ 505 receipt number B4601061186 re Notice of Appeal filed by Ellis Louis Mashburn, JR (KAM, )
April 2, 2015 Opinion or Order Filing 17 USCA Case Number 15-11408-P for Notice of Appeal filed by Ellis Louis Mashburn, JR. (PSM)
April 1, 2015 Opinion or Order Filing 16 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re Notice of Appeal, #14 Notice (Other) (PSM)
April 1, 2015 Opinion or Order Filing 15 TRANSMITTAL LETTER re Notice of Appeal, #14 (PSM)
April 1, 2015 Opinion or Order Filing 14 NOTICE by Ellis Louis Mashburn, JR of Appeal (Keller, Richard)
April 1, 2015 Opinion or Order NOTICE OF APPEAL as to #13 Order on Motion to Alter Judgment, #11 Order Dismissing Case, by Ellis Louis Mashburn, JR. See #14 (PSM)
March 6, 2015 Opinion or Order Filing 13 MEMORANDUM OF OPINION AND ORDER For the reasons stated within, Mashburn's Rule 59(e) motion #12 is DENIED. Signed by Judge L Scott Coogler on 3/6/2015. (PSM)
February 17, 2015 Opinion or Order Filing 12 MOTION to Alter Judgment by Ellis Louis Mashburn, JR. (Keller, Richard)
January 20, 2015 Opinion or Order Filing 11 FINAL JUDGMENT the respondent's #5 motion to dismiss petition as filed outside of the applicable one-year statute of limitations is GRANTED; DISMISSING CASE with prejudice; certificate of appealability will not be issued. Signed by Judge L Scott Coogler on 1/20/2015. (KAM, )
January 20, 2015 Opinion or Order Filing 10 MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 1/20/2015. (KAM, )
December 31, 2014 Opinion or Order Filing 9 RESPONSE to re #8 (Respondent's Response to Mashburn's Reply) filed by Kim Thomas. (Anderson, Richard)
December 22, 2014 Opinion or Order Filing 8 RESPONSE to Motion re #5 MOTION to Dismiss (Respondent's Motion to Dismiss Ellis Mashburn's Petition for Writ of Habeas Corpus) filed by Ellis Louis Mashburn, JR. (Keller, Richard)
December 2, 2014 Opinion or Order Filing 7 ORDER that petitioner show cause in writing w/in 20 days why respondent's motion to dismiss should not be granted; granting #6 Motion for Extension of Time by 60 days to file an answer. Signed by Judge L Scott Coogler on 12/2/2014. (KAM, )
December 1, 2014 Opinion or Order Filing 6 MOTION for Extension of Time (Respondent's Motion for 60-Day Enlargement) by Kim Thomas. (Anderson, Richard)
December 1, 2014 Opinion or Order Filing 5 MOTION to Dismiss (Respondent's Motion to Dismiss Ellis Mashburn's Petition for Writ of Habeas Corpus) by Kim Thomas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 part 1 of 2, #6 Exhibit 5 part 2 of 2, #7 Exhibit 6, #8 Exhibit 7)(Anderson, Richard)
November 21, 2014 Opinion or Order Filing 4 NOTICE of Appearance by Richard D Anderson on behalf of Kim Thomas (Anderson, Richard)
October 27, 2014 Opinion or Order Filing 3 STATUS REPORT Certification of Counsel by Ellis Louis Mashburn, JR. filed by Ellis Louis Mashburn, JR (Keller, Richard)
September 30, 2014 Opinion or Order Filing 2 Initial ORDER setting forth instructions and deadlines in this action; certification of pla's counsel is due within 30 days as set out; petitioner's brief is due within 30 days and must contain all items set out in this order; Respondents shall have 60 days to file an answer to the petition and provide to the clerk the materials set forth in this order ; respondent's brief is due with the answer; pet's shall have 30 days thereafter to reply. Signed by Judge L Scott Coogler on 9/30/2014. (KAM, )
September 26, 2014 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5. rec# B4601056166), filed by Ellis Louis Mashburn, JR.(KAM, )

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Petitioner: Ellis Louis Mashburn, JR
Represented By: Megan P Stephens
Represented By: Richard C Keller
Represented By: Erin Cornelius Howell
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Defendant: Jefferson Dunn
Represented By: Richard D Anderson
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Respondent: Kim Thomas
Represented By: Richard D Anderson
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