Montgomery v. State of Alabama et al
| Lyle Dan Montgomery |
| State of Alabama and Karla Jones |
| 2:2014cv02474 |
| December 29, 2014 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Barbour |
| Staci G Cornelius |
| C Lynwood Smith |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
28
MEMORANDUM OPINION that the court is of the opinion that the magistrate judge's findings are doe to be and are ADOPTED and her recommendation is ACCEPTED; therefore the original and amended petitions for writ of habeas corpus are due to be denied and this action will be dismissed with prejudice, and a certificate of appealability is due to be denied all of which will be set out in a separate order. Signed by Judge C Lynwood Smith, Jr on 5/17/2019. (AHI )
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Filing
19
MEMORANDUM OPINION AND ORDER that the court REJECTS the magistrate judge's recommendation that Montgomery's 2254 petition be denied as time-barred and his motion to amend be denied as futile; therefore the motion to amend is GRANTED; the mo tion seeking a ruling on petition is DENIED; and the court refers this action to the magistrate judge for further proceedings consistent with this memorandum opinion and order as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 3/30/2016. (AHI )
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