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16-780 - Wells v. Peterson et al (INMATE 3)


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16-780 - Wells v. Peterson et al (INMATE 3)
December 15, 2016
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RECOMMENDATION AND ORDER OF THE MAGISTRATE JUDGE: It is the RECOMMENDATION of the Magistrate Judge that the 11 Petition for Writ of Mandamus be DENIED. To the extent this filing may be construed as a Motion for Production of Documents, it is ORDERED that the Motion for Production is DENIED. Objections to R&R due by 12/29/2016. Signed by Honorable Judge Wallace Capel, Jr on 12/15/2016. (dmn, )
January 23, 2017
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ORDER that: 1. The Magistrate Judge's 15 Recommendation is ADOPTED; 2. Plaintiff's 11 Petition for Writ of Mandamus is DENIED; and 3. To the extent the 11 Petition for Writ of Mandamus may be construed as a Motion for Production of documents, it is also DENIED. Signed by Chief Judge William Keith Watkins on 1/23/2017. (dmn, )
June 12, 2018
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. To the extent Wells's 2254 petition challenges his controlled substance convictions in Covington Circuit Court Case No. CC-03-414, his petition should be DISMISSED as successive under the provisions of 28 U.S.C. 2244(b)(3)(A), because he failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. 2. To the extent Wells's 2254 petition challenges his convictions for breaking and entering a vehicle and first-degree receipt of stolen property in Covington Circuit Court Case No. CC-02-417, his petition should be DENIED and this case DISMISSED with prejudice, because he failed to file his petition within the one-year limitation period in 28 U.S.C. 2244(d). Objections to R&R due by 6/26/2018. Signed by Honorable Judge Wallace Capel, Jr on 6/12/2018. (kh, )
July 17, 2018
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ORDER directing that: (1) the 17 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) Petitioner Nicholas Wells 28 U.S.C. 2254 petition is DISMISSED without prejudice to the extent it challenges his controlled substance convictionto Rule 25(d) of the FRCP. Signed by Chief Judge William Keith Watkins on 7/17/18. (djy, )s in Covington Circuit Court Case No. CC-03-414 as successive under 28 U.S.C. 2244(b) because he failed to obtain the requisite order from the U.S. Court of the Appeals for the Eleventh Circuit authorizing a federal district court to consider his successive habeas application as required by 2254(b) (3)(A); and (3) Mr. Wells' 2254 petition is DISMISSED with prejudice to the extent it challenges his convictions for breaking and entering a vehicle and first-degree receipt of stolen property in Covington Circuit Court Case No. CC-02-417 because he failed to file his petition within the one-year limitation period in 28 U.S.C. 2244(d); directing the clerk to substitute Steven T. Marshall for Luther Strange as defendant pursuant