Bailey et al v. Gentry et al
Petitioner: Joey Lee Bailey and James Manely Cost, II
Respondent: Matt Gentry and Martha Williams
Case Number: 5:2021cv01409
Filed: October 20, 2021
Court: US District Court for the Northern District of Alabama
Presiding Judge: Gray M Borden
Referring Judge: Corey L Maze
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2021 Opinion or Order Filing 8 ORDER that Cost's claims be SEVERED from Bailey's claims. Bailey's claims will remain pending in this matter, while the court DISMISSES Cost's claims from this action without prejudice. James Manely Cost, II terminated. Signed by Judge Corey L. Maze on 11/23/2021. (SRD)
November 16, 2021 Opinion or Order Filing 7 PRETRIAL MEMORANDUM by Joey Lee Bailey, James Manely Cost, II. filed by Joey Lee Bailey, James Manely Cost, II (Drake, Thomas)
November 8, 2021 Opinion or Order Filing 6 ORDER For the reasons stated within, Bailey and Cost are ORDERED to SHOW CAUSE in writing, within 14 days of the entry date of this order, why their claims should not be dismissed as unexhausted. Signed by Magistrate Judge Gray M Borden on 11/8/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(SRD)
October 29, 2021 Opinion or Order Filing fee: $ 5, receipt number B4601116634. (KEK)
October 25, 2021 Opinion or Order Filing 5 ORDER - Because Bailey and Cost are not "in custody pursuant to the judgment of a State court," 2254 does not provide any basis for relief. 28 U.S.C. 2254(a). Rather, as pretrial detainees, the petitioners' claims concerning excessive bail arise under 28 U.S.C. 2241. The Clerk of Court is DIRECTED to re-docket this action accordingly. Additionally, Bailey and Cost have not filed an application to proceed in forma pauperis or paid the $5.00 filing fee. The petitioners therefore are ORDERED either to file an application to proceed in forma pauperis or pay the $5.00 filing fee within 30 days. Signed by Magistrate Judge Gray M Borden on 10/25/2021. (KEK)
October 21, 2021 Opinion or Order Filing 4 NOTICE OF FILING Evidentiary Material in Support of #1 Petition filed by Joey Lee Bailey, James Manely Cost, II. (Attachments: #1 Exhibit, #2 Exhibit)(Drake, Thomas) Modified docket text on 10/22/2021 (KEK).
October 21, 2021 Opinion or Order Filing 3 NOTICE OF FILING Evidentiary Material in Support of #1 Petition filed by Joey Lee Bailey, James Manely Cost, II. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Drake, Thomas) Modified docket text on 10/22/2021 (KEK).
October 21, 2021 Opinion or Order Filing 2 NOTICE OF FILING Evidentiary Material in Support of #1 Petition filed by Joey Lee Bailey, James Manely Cost, II. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Drake, Thomas) Modified docket text on 10/22/2021 (KEK).
October 20, 2021 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus, filed by Joey Lee Bailey, James Manely Cost, II.(KEK)

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Petitioner: Joey Lee Bailey
Represented By: Thomas E Drake, II
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Petitioner: James Manely Cost, II
Represented By: Thomas E Drake, II
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Respondent: Matt Gentry
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Respondent: Martha Williams
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