Mashburn v. Thomas
| Jefferson Dunn |
| Ellis Louis Mashburn, JR |
| Kim Thomas |
| 1:2014cv01829 |
| September 26, 2014 |
| US District Court for the Northern District of Alabama |
| Eastern Office |
| Calhoun |
| L Scott Coogler |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. § 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
Docket Report
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This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.
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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)
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Filing 49
USCA Case Number 22-10329-P for #46 Notice of Appeal filed by Ellis Louis Mashburn, JR. (PSM)
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Filing 48
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #46 Notice of Appeal. (PSM)
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Filing 47
TRANSMITTAL LETTER re #46 Notice of Appeal. (PSM)
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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).
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Filing 45
ORDER denying #44 Motion to Alter Judgment. Signed by Judge L Scott Coogler on 1/4/2022. (PSM)
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Filing 44
MOTION to Alter Judgment or Amend Judgment by Ellis Louis Mashburn, JR. (Keller, Richard)
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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)
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Filing 42
MEMORANDUM OF OPINION. Signed by Judge L Scott Coogler on 3/31/2021. (PSM)
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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)
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Filing 40
REPLY to In Support of Amended Petition for Writ of Habeas Corpus filed by Ellis Louis Mashburn, JR. (Keller, Richard)
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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)
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Filing 38
NOTICE of Appearance by Erin Cornelius Howell on behalf of Ellis Louis Mashburn, JR (Howell, Erin)
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Filing 37
MOTION for Extension of Time to File Response/Reply to Respondent's Answer by Ellis Louis Mashburn, JR. (Keller, Richard)
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Filing 36
TEXT ORDER granting #34 Motion for Extension of Time. Signed by Judge L. Scott Coogler on April 5, 2019. (ABN)
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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)
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Filing 34
MOTION for Extension of Time (Enlargement of Time) by Ellis Louis Mashburn, JR. (Keller, Richard)
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Filing 33
MOTION to Withdraw as Attorney Megan P. Stephens by Ellis Louis Mashburn, JR. (Keller, Richard)
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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)
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Filing 31
TEXT ORDER granting #28 Motion for Extension of Time. Signed by Judge L. Scott Coogler on March 4, 2019. (ABN)
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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, ).
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Filing 29
NOTICE by Kim Thomas (Notice of Manual Filing) (Anderson, Richard)
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Filing 28
MOTION for Extension of Time by Jefferson Dunn. (Anderson, Richard)
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Filing 27
TEXT ORDER granting #26 Motion for Extension of Time. Signed by Judge L. Scott Coogler on February 4, 2019. (ABN)
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Filing 26
MOTION for Extension of Time by Jefferson Dunn. (Anderson, Richard)
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Filing 25
MOTION for Hearing Evidentiary by Ellis Louis Mashburn, JR. (Keller, Richard)
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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).
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Filing 23
CERTIFICATE of Counsel by Richard C Keller on behalf of Ellis Louis Mashburn, JR (Keller, Richard)
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Filing 22
RESPONSE to re #21 filed by Ellis Louis Mashburn, JR. (Keller, Richard)
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Filing 21
ORDER GOVERNING FURTHER PROCEEDINGS. Signed by Judge L Scott Coogler on 12/4/2018. (PSM)
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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)
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Filing 19
Certified and Transmitted Record on Appeal to US Court of Appeals re Notice of Appeal (KAM, )
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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)
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USCA Appeal Fees received $ 505 receipt number B4601061186 re Notice of Appeal filed by Ellis Louis Mashburn, JR (KAM, )
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Filing 17
USCA Case Number 15-11408-P for Notice of Appeal filed by Ellis Louis Mashburn, JR. (PSM)
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Filing 16
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re Notice of Appeal, #14 Notice (Other) (PSM)
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Filing 15
TRANSMITTAL LETTER re Notice of Appeal, #14 (PSM)
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Filing 14
NOTICE by Ellis Louis Mashburn, JR of Appeal (Keller, Richard)
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NOTICE OF APPEAL as to #13 Order on Motion to Alter Judgment, #11 Order Dismissing Case, by Ellis Louis Mashburn, JR. See #14 (PSM)
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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)
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Filing 12
MOTION to Alter Judgment by Ellis Louis Mashburn, JR. (Keller, Richard)
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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, )
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Filing 10
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 1/20/2015. (KAM, )
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Filing 9
RESPONSE to re #8 (Respondent's Response to Mashburn's Reply) filed by Kim Thomas. (Anderson, Richard)
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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)
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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, )
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Filing 6
MOTION for Extension of Time (Respondent's Motion for 60-Day Enlargement) by Kim Thomas. (Anderson, Richard)
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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)
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Filing 4
NOTICE of Appearance by Richard D Anderson on behalf of Kim Thomas (Anderson, Richard)
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Filing 3
STATUS REPORT Certification of Counsel by Ellis Louis Mashburn, JR. filed by Ellis Louis Mashburn, JR (Keller, Richard)
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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, )
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Filing 1
PETITION for Writ of Habeas Corpus (Filing fee $ 5. rec# B4601056166), filed by Ellis Louis Mashburn, JR.(KAM, )
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