Mahaffey v. State of Alabama
| Corey Ryan Mahaffey |
| State of Alabama |
| 6:2023cv00528 |
| April 25, 2023 |
| US District Court for the Northern District of Alabama |
| L Scott Coogler |
| Herman N Johnson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 FINAL AMENDED PETITION for Writ of Habeas Corpus, filed by Corey Ryan Mahaffey.(KAM) |
Filing 9
ORDER - The applications stand deficient for the following reason: Although the petitioner filed applications to proceed in forma pauperis, he did not attach a certified copy of his jail or prison account statements for the last six months. For this reason, it is ORDERED that the applications to proceed in forma pauperis (Docs. #2 and #8 ) are DENIED. The petitioner must correct this deficiency within 30 days. In addition, since the filing of his original complaint, the court has received two habeas petitions from plaintiff. The court ORDERS petitioner to file a final amended 2241 habeas petition which includes all of his grounds for relief within 30 days. Accordingly, petitioner's request for appointment of counsel, merits DENIAL WITHOUT PREJUDICE. Signed by Magistrate Judge Herman N Johnson, Jr on 6/7/2023. (Attachments: #1 2241 Habeas Petition) (MEB2)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Corey Ryan Mahaffey. (MEB2) |
| Filing 7 AMENDED HABEAS PETITION against State of Alabama, filed by Corey Ryan Mahaffey. (MEB2) |
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Filing 6
ORDER - Accordingly, the Clerk is DIRECTED to remove the 2254 habeas petition filed in Case No. 5:23-cv-00584-RDP-HNJ, (Doc. 1), filed that document as an amended petition in Case No. 6:23-cv-00528-LSC-HNJ, and CLOSE Case No. 5:23-cv-00584-RDP-HNJ. The Clerk is further DIRECTED to remove the Application to Proceed In Forma Pauperis in Case No. 5:23-cv-00584-RDP-HNJ, (Doc. 2), and file that document in Case No. 6:23-cv-00528-LSC-HNJ. Finally, the Clerk is DIRECTED to recharacterize 6:23-cv-00528-LSC-HNJ as an action invoking 28 U.S.C. 2241. Signed by Judge L Scott Coogler on 6/5/2023. (MEB2)
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| Filing 5 AMENDED COMPLAINT against State of Alabama, filed by Corey Ryan Mahaffey.(KAM) |
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Filing 4
ORDER - Plaintiff Corey Ryan Mahaffey ("Mahaffey") initiated this action by filing a pro se complaint pursuant to 42 U.S.C. 1983, alleging violations of his federal constitutional rights (Doc. #1 ). Mahaffey, facing charges of capital murder, requests that the charges against him be dropped (Doc. #1 at 4-5). The Court WARNS Mahaffey that his court MAY NOT order his release from custody in an action brought pursuant to 42 U.S.C. 1983. Subject to the limitations contained in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") and other relevant law, Mahaffey may challenge his pretrial detention through a 28 U.S.C. 2241 habeas petition. In addition, Mahaffey filed an application to proceed in forma pauperis seeking the waiver of the filing fee (Doc. #2 ). Whether Mahaffey pursues habeas relief or relief from 1983, he may apply to proceed in forma pauperis. However, the filing fee and other legal requirements differ depending on the type of action. The undersigned ORDERS Mahaffey to notify the court within 30 days from the entry date of this Order whether he wishes to (1) continue with this action pursuant to 42 U.S.C. 1983; (2) continue with this action as a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241; or (3) dismiss this action without prejudice to allow him an opportunity to pursue his remedies. Signed by Magistrate Judge Herman N Johnson, Jr on 4/27/2023. (Attachments: #1 2241 Habeas Petition) (MEB2)
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| Filing 3 NOTICE to plaintiff to confirm filing of a civil action with the case caption and case number assigned. Sent to plaintiff via USPS First Class Mail. (CTF) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis and appoint attorney by Corey Ryan Mahaffey. (CTF) |
| Filing 1 COMPLAINT against State of Alabama, filed by Corey Ryan Mahaffey.(CTF) |
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| Plaintiff: Corey Ryan Mahaffey | |
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| Defendant: State of Alabama | |
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