Weakley v. Marshall (INMATE 3)
| Timothy Wayne Weakley |
| Steven T Marshall |
| 3:2019cv00549 |
| April 10, 2019 |
| US District Court for the Northern District of Alabama |
| Northwestern Office |
| John H England |
| R David Proctor |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on January 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 RESPONSE in Opposition re MOTION for Summary Judgment filed by Timothy Wayne Weakley. (KAM) |
Filing 14
ORDER - Respondent has filed an answer seeking dismissal of this habeas petition. #13 . The court deems the case ripe for summary disposition; 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 5/30/2019. (KAM)
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| Filing 13 Respondent's ANSWER to Complaint by Steven T Marshall. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Davis, John) |
| MOTION for Summary Judgment - Answer of the Respondent #13 is deemed a motion for summary judgment; See order #14 . (KAM) |
| Filing 12 NOTICE of Appearance by John J Davis on behalf of Steven T Marshall (Davis, John) |
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Filing 11
ORDER TO SHOW CAUSE; The Respondent is hereby ORDERED to APPEAR and SHOW CAUSE in writing, within forty-two (42) days from the date of this Order, why the relief requested by the Petitioner should not be granted. ORDER DENYING AS MOOT #3 MOTION to Transfer Venue. Signed by Magistrate Judge John H England, III on 4/18/2019. (JLC)
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| Filing 10 RESPONSE to Court's #9 Order filed by Timothy Wayne Weakley. (JLC) |
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Filing 9
ORDER re #3 Motion to Transfer; Since Weakley did not oppose transfer to this district, it is unclear whether his motion to transfer venue is moot. Accordingly, Weakley is ORDERED to inform the court by April 25, 2019, as to whether he still wishes to transfer the case to the Eastern District of Tennessee. Signed by Magistrate Judge John E Ott on 4/11/2019. (KAM)
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| Filing 8 Case transferred in from District of Alabama Middle; Case Number 2:19-cv-00162. Original file certified copy of transfer order and docket sheet received. |
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Filing 7
OPINION AND ORDER: it is ORDERED as follows: 1) The magistrate judge's #4 recommendation is adopted; 2) This case is transferred to the U.S. District Court for the Northern District of AL pursuant to 28 USC 1631; 3) Plf's #3 motion for change of venue is left for resolution by the transferee court; DIRECTING the Clerk to take appropriate steps to effect the transfer; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 4/10/2019. (Attachments: #1 Civil Appeals Checklist) (alm, ) [Transferred from Alabama Middle on 4/10/2019.]
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| Case transferred to the Northern District of Alabama; Electronically transferred via CM/ECF transfer to Clerk. (No pdf attached to this entry) (alm, ) [Transferred from Alabama Middle on 4/10/2019.] |
| No objections filed to the #4 Recommendation. (No pdf attached to this entry) (alm, ) [Transferred from Alabama Middle on 4/10/2019.] |
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Filing 6
ORDER: DIRECTING the Clerk to docket Doc. No. #5 (currently docketed as an Objection to Report and Recommendation) as a "Notice" by Petitioner. Signed by Honorable Judge Wallace Capel, Jr on 3/14/2019. (alm, ) [Transferred from Alabama Middle on 4/10/2019.]
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| Filing 5 (NOTICE) OBJECTION to #4 Report and Recommendation by Timothy Wayne Weakley. (alm, ) Modified on 3/14/2019 to clarify the docket text to reflect this entry as a "notice", pursuant to the Court's #6 Order (alm, ). [Transferred from Alabama Middle on 4/10/2019.] |
| NOTICE by Timothy Wayne Weakley, as considered in the Court's #6 Order. (No pdf attached to this entry - See doc #5 for pdf) (alm, ) [Transferred from Alabama Middle on 4/10/2019.] |
| Filing 4 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that this case be TRANSFERRED to the U.S. District Court for the Northern District of Alabama under 28 USC 1631; Objections to R&R due by 3/25/2019. Signed by Honorable Judge Wallace Capel, Jr on 3/11/2019. (alm, ) [Transferred from Alabama Middle on 4/10/2019.] |
| Filing 3 MOTION for Transfer of Venue by Timothy Wayne Weakley. (alm, ) [Transferred from Alabama Middle on 4/10/2019.] |
| Filing 2 MEMORANDUM in Support re #1 Petition for Writ of Habeas Corpus filed by Timothy Wayne Weakley. (alm, ) [Transferred from Alabama Middle on 4/10/2019.] |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.00, receipt number 4602052604), filed by Timothy Wayne Weakley. (alm, ) (Additional attachment(s) added on 3/8/2019: #1 Receipt) (alm, ). Modified on 3/8/2019 to add the receipt which was originally omitted in error (alm, ). [Transferred from Alabama Middle on 4/10/2019.] |
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| Plaintiff: Timothy Wayne Weakley | |
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| Defendant: Steven T Marshall | |
| Represented By: | John J Davis |
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