Harris v. Kilgore et al
| Daniel Harris, Sr |
| Jimmy Kilgore and Attorney General of the State of Alabama |
| 1:2019cv01935 |
| November 27, 2019 |
| US District Court for the Northern District of Alabama |
| John H England |
| Madeline Hughes Haikala |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 13 NOTICE of Change of Address by Daniel Harris, Sr. (JLC) |
Filing 12
ORDER - A search of the Alabama Department of Corrections' website reflects the petitioner is now located at Kilby Correctional Facility, P.O. Box 150, Mt. Meigs, Alabama 36057. Based on the foregoing, the Clerk is DIRECTED to mail a copy of this Order, and a copy of the January 3, 2020, Report and Recommendation (doc. #10 ) to the petitioner at Kilby Correctional Facility. The plaintiff is permitted an additional fourteen (14) days, from the date of entry of this Order, to file any objections he may have in accordance with the instructions contained in the Report and Recommendation. Signed by Magistrate Judge John H England, III on 1/13/2020. (KEK)
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| Filing 11 Mail Returned as Undeliverable. Mail sent to Petitioner (Doc 10). (KEK) |
| Filing 10 MAGISTRATE JUDGE=S REPORT AND RECOMMENDATION - Based on the foregoing, the undersigned RECOMMENDS Respondents' motion for summary dismissal be GRANTED, and the petition for a writ of habeas corpus be DISMISSED WITHOUT PREJUDICE to allow Harris to exhaust his state court remedies. Objections to R&R due by 1/17/2020. Signed by Magistrate Judge John H England, III on 1/3/2020. (KEK) |
| Filing 9 Objection to Respondents' #7 ANSWER filed by Daniel Harris, Sr. (JLC) |
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Filing 8
ORDER - Respondents have filed an answer seeking dismissal of this habeas petition without prejudice due to Petitioner's failure to exhaust his state remedies. (Doc. #7 ). The court deems the case ripe for summary disposition under Rule 8(a) of the Rules Governing Section 2254 Cases on the basis of the defenses asserted in Respondents' answer. Petitioner shall have twenty-one (21) days from the date of this order to supply any additional evidentiary materials or legal arguments he may wish to offer with regard to whether the petition is subject to summary dismissal. Signed by Magistrate Judge John H England, III on 12/19/2019. (KEK)
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| Filing 7 Respondents' ANSWER to Complaint by Attorney General of the State of Alabama, Jimmy Kilgore. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 4A, #6 Exhibit 5, #7 Exhibit 6)(Starrett, Marc) |
| MOTION of Respondents treating Answer #7 as a motion for summary judgment pursuant to #8 Order. (KEK) |
| Filing 6 NOTICE of filing: Motion to Confirm Petitioner's Relief Sought by Daniel Harris, Sr. (KEK) |
| Filing 5 NOTICE of Appearance by Marc Starrett on behalf of Attorney General of the State of Alabama, Jimmy Kilgore (Starrett, Marc) |
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Filing 4
ORDER TO SHOW CAUSE - This is a petition for a writ of habeas corpus brought pursuant to 28 U.S.C. 2254. Petitioner Daniel Harris, Sr., challenges his November 6, 2019 guilty plea in the Circuit Court of Talladega County, Alabama. (Doc. #1 ). Accordingly, it is hereby ORDERED Respondents appear and show cause in writing within forty-two (42) days from the date of this Order, why the relief Petitioner requests should not be granted. Signed by Magistrate Judge John H England, III on 12/2/2019. (KEK)
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Filing 3
ORDER - Petitioner Daniel Harris, Sr. has filed a petition for writ of habeas corpus, (doc. #1 ), accompanied by a declaration in support of his request to proceed in forma pauperis, (doc. #2 ). Upon due consideration, Petitioner's requests to proceed in forma pauperis, (doc. #2 ), is GRANTED. The Clerk is DIRECTED to file this action without prepayment of the filing fee. Signed by Magistrate Judge John H England, III on 12/2/2019. (KEK)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Daniel Harris, Sr. (KEK) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Daniel Harris, Sr.(KEK) |
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