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11-1027 - McGuire v. Marshall et al


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11-1027 - McGuire v. Marshall et al
March 29, 2013
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MEMORANDUM OPINION AND ORDER that Defendants' Motions to Dismiss 78, 80, 83, 86 are GRANTED in part and DENIED in part. Specifically, the Motions to Dismiss are GRANTED as Counts IIII and VXII of Plaintiff's Amended Complaint 74, and these claims are DISMISSED with prejudice. The Motions to Dismiss are DENIED as to Count IV. In sum, only Plaintiff's claim that the retroactive application of Alabama's CNA and ASORCNA violate his rights under the Ex Post Facto Clause remains. Signed by Chief Judge William Keith Watkins on 3/29/2013. (Attachments: # (1) Civil Appeals Checklist)(jg, )
February 5, 2015
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e William Keith Watkins on 2/5/2015. (kh, )MEMORANDUM OPINION AND ORDER: it is ORDERED and DECLARED that ASORCNA is unconstitutional under the Ex Post Facto Clause of the United States Constitution to the extent that it requires (1) in-town homeless registrants to register (or check-in) on a weekly basis with two separate law-enforcement jurisdictions as provided by § 15-20A-12(b) in conjunction with § 15-20A-4(13) and (2) all in-town registrants to complete travel permit applications with two separate law-enforcement jurisdictions as provided by § 15-20A-15 in conjunction with § 15-20A-4(13). It is further ORDERED that the Attorney Generals oral Motion to Strike and Defendants oral Motions for Judgment as a Matter of Law are DENIED AS MOOT. Signed by Chief Judg
August 27, 2015
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ORDERED that the 285 motion for attorney's fees is DENIED without prejudice and with leave to re-file no later than fourteen days after entry of the mandate by the Court of Appeals on the pending appeal. Further, 346 the motion to strike is DENIED as moot. Signed by Chief Judge William Keith Watkins on 8/27/2015. (kh, )
April 4, 2016
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ORDERED that, on or before April 8, 2016, Defendants shall state, in writing, whether they dispute Plaintiff's assertion that he is currently homeless. Further, if Defendants contend that Plaintiff is not currently homeless, they shall submit an affidavit or other evidentiary material to support that contention. Signed by Chief Judge William Keith Watkins on 4/4/2016. (kh, )
January 5, 2018
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fee for Mr. McGuire's work in obtaining the relief afforded by the 284 Judgment. This figure does not reflect fees on appeal; 5) Plf may file a motion for costs and additional attorney's fees, including the EJUL attorneys' fees, attorneys' fees reasonably incurred with respect claims on which Plf may prevail on appeal, fees and costs incurred after entry of the judgment, and any other appropriate attorneys' fees and costs, no later than fourteen days after entry of the mandate by the Court of Appeals on the pending appeal. Signed by Chief Judge William Keith Watkins on 1/5/2018. (alm, ) (Main Document 365 replaced on 1/8/2018 to attach a corrected PDF document to correct a typographical error to reflect a date of 2/1/2018 and not 2/1/2017 in the 4th directive of page 28 of the Order) (alm, ). Modified on 1/8/2018 (alm, ).MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) Plf's 361 motion for reconsideration is GRANTED; 2) Plf's 361 motion for an interim award of costs and attorney's fees is GRANTED IN PART to the extent provided in this Memorandum Opinion and Order. In all other respects, Plf's 361 motion for an interim award of costs and attorney's fees is DENIED; 3) Dft Stephen T. Marshall's 363 motion to summarily deny Plf's 361 motion for reconsideration is DENIED; 4) On or before 2/1/2018, the State Official Dfts (Dfts Charles Ward, Stephen T. Marshall, D. T. Marshall, in their official capacities) shall deliver to Attorney McGuire $82,417.00, representing a reasonable interim attorney's