Case details

Court: almd
Docket #: 2:06-cv-00714
Case Name: Toole v. McDonough et al (INMATE2)
PACER case #: 33813
Date filed: 2006-08-10
Date of last filing: 2008-03-24

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-08-10 1 0 Docket Annotation Copy of Order entered in 1:06cv696-MHT directing the Clerk to (1) open two separate civil actions-one for each separate state court judgment(s) the Petitioner seeks to challenge and directing the Clerk to place a copy of the petition filed by petitioner in this case. (sl, ) 2009-09-04 19:26:22 22307664bd0697752ec0c7ad4b2fde8ae3662991
2006-08-10 2 0 Petition for Writ of Habeas Corpus PETITION for Writ of Habeas Corpus (Filing fee $ 5.in USDC, ND of Florida) , filed by Howard Glen Toole. (Attachments: # (1) Appendix A# (2) Appendix A-A1# (3) Appendix B# (4) Appendix C# (5) Appendix D# (6) Appendix E# (7) Appendix F# (8) Appendix G# (9) Appendix H)(sl, ) 2009-09-04 19:26:32 707d8ed4b1933dd7eb8964986fbeb431bed3f218
2006-08-14 3 0 Order ORDER that on or before August 28, 2006, Petitioner shall file a correctedpetition in the above-captioned action which challenges only the judgment(s) entered against him by the Circuit Court for Pike County, Alabama, on a form for use in filing a habeas corpus petition under 28 U.S.C. 2254 re [2] Petition for Writ of Habeas Corpus. Petitioner's original petition shall be superseded by this amended petition. That means Petitioner shall no longer rely on the original petition. On or before August 28, 2006 petitioner shall either submit the $5.00 filing fee or file the appropriate affidavit in support of a Motion for leave to proceed in forma pauperis. A form for used for filing 28 U.S.C. 2254 along with an Application to Proceed In Forma Pauperis provided to plaintiff with this order as directed.. Signed by Judge Vanzetta P. McPherson on 8/14/2006. (cb, ) 2009-09-04 19:26:51 ee6e9504021d7ad2f0083a20e2caf9fe959f3b49
2006-09-06 4 0 Motion for Extension of Time to File MOTION for Extension of Time to file a corrected petition (pursuant to [3] Order) by Howard Glen Toole. (Attachments: # (1) Exhibit A)(sl, ) 2009-09-04 19:26:24 fd9105296a50bbe9a59be6d1d1ffccc5a77deafb
2006-09-07 5 0 Order on Motion for Extension of Time to File ORDER granting [4] Motion for Extension of Time. Petitioner is granted an extension from 8/28/06 to 9/21/06 to comply with the court's 8/14/06 order. Signed by Judge Vanzetta P. McPherson on 9/7/06. (sl, ) 2009-09-04 19:27:00 0e4a0f99beaa42d1bdf0c0bf6ed0719e53c46cee
2006-09-13 6 0 Petition for Writ of Habeas Corpus AMENDED PETITION for Writ of Habeas Corpus filed by Howard Glen Toole pursuant to [3] Order. (Attachments: # (1) Appendix A# (2) Appendix B# (3) Appendix C)(cc, ) 2009-09-04 19:26:35 1069f9a8a8695bda070e0a39c7955e35946ea85b
2006-09-15 7 0 Order to Answer habeas petition within 20 days of service on the Attorney General. ORDER TO ANSWER habeas petition within 20 days of service on the Attorney General. Copy mailed to petitioner; mailed CMRRR w/copies of amended petition to Warden & Attorney General for the State of Alabama. Signed by Judge Vanzetta P. McPherson on 9/15/06. (vma, ) 2009-09-04 19:26:50 1bf68949e3de77d0538642f51ae4b340c9884eac
2006-09-22 8 0 Return Receipt Card Return Receipt Card showing service of amended petition and procedure order signed by J. Givner for Troy King served on 9/19/2006, answer due 10/10/2006. (sl, ) 2009-09-04 19:26:30 e36a9bb59d8f4752fa9bf0281a108cf548a93bb9
2006-09-25 9 0 Return Receipt Card Return Receipt Card showing service of amended petition and procedure order signed by (illegible signature) for Sam Culpepper served on 9/21/2006, answer due 10/11/2006. (sl, ) 2009-09-04 19:26:59 f916be92a343658b76b6d4341cd9480dfbfc0771
2006-10-05 10 0 Motion for Extension of Time to File Answer First MOTION for Extension of Time to File Answer by James McDonough, Troy King. (Bass, Marcus) 2009-09-04 19:26:10 65e32d86f88d76cfe182578e69242ce2def3f671
2006-10-05 11 0 Order on Motion for Extension of Time to Answer ORDER granting [10] Motion for Extension of Time. Respondents are granted an extension from 10/10/06 to 10/24/06 to file their answer. Signed by Judge Vanzetta P. McPherson on 10/5/06. (sl, ) 2009-09-04 19:26:08 ffeeffcd6f6f62c174027537666d3e8661e6ba40
2006-10-24 12 0 Answer to Complaint RESPONDENTS' ANSWER to Complaint by James McDonough, Troy King. (Attachments: # (1) Exhibit 1A - toole's filed interstate agreement on detainers form# (2) Exhibit 1b - toole's indictment charges for may 2003 grand jury term# (3) Exhibit 1C - toole's pike county true bill indictment# (4) Exhibit 1D - toole's pike county arrest warrant# (5) Exhibit 1E - toole's pike county arrest warrant# (6) Exhibit 1F - pike county circuit judge order to toole's motion to dismiss indictment# (7) Exhibit 1G - toole's pre-trial motions for mental evaluation & amendment of plea# (8) Exhibit 1H - toole's guilty plea for pike county# (9) Exhibit 1I - toole's guilty plea for pike county# (10) Exhibit 1J - sentencing order for pike county# (11) Exhibit 1K - state's motion to order restituion# (12) Exhibit 1L - pike county circuit court's order setting restitution hearing# (13) Exhibit 1M - toole's motion to reschedule restitution hearing# (14) Exhibit 1N - pike county circuit court's order to re-schedule restitution hearing# (15) Exhibit 1O - pike county circuit court's order setting restitution# (16) Exhibit Toole's motion to cca to grant leave to proceed to asc# (17) Exhibit 1Q - cca order dismissing toole's request to proceed to asc)(Bass, Marcus) 2009-09-04 19:26:52 c55a487eaa357e85ee16c3fc586446f8639ff5fe
2006-11-06 13 0 Order ORDERED that on or before 11/27/06, petitioner may file a response to the [12] Answer filed by respondents as further set out in order. Signed by Judge Charles S. Coody on 11/6/06. (sl, ) 2009-09-04 19:26:58 3f6d73b16aeb82d7a6da75b0292fed0d944210a7
2006-11-27 14 0 Notice (Other) NOTICE of Intent to file a response to [12] Answer by Howard Glen Toole. (sl, ) 2009-09-04 19:26:25 c4ec63b53061a5d80cf22d61df3cfb68bb0f842b
2006-12-04 15 0 Response in Opposition RESPONSE to Respondents' [12] Answer to Petition by Howard Glen Toole. (Attachments: # (1) Appendix A-Affidavit of Howard G. Toole# (2) Exhibits 1-22, Appendix B & C)(sl, ) 2009-09-04 19:26:11 558117545cfb3f6db976a788cf63da7178901fb7
2006-12-07 16 0 Order on Motion to Amend/Correct ORDER granting [15] Motion to Amend. Ordered that on or before 12/27/06 respondents shall file a supplemental answer addressing petitioner's claims of ineffective assistance of counsel and access to courts and his assertions that counsel's ineffectiveness and his inability to access relevant legal material establishes cause for his procedural default. Signed by Judge Wallace Capel Jr. on 12/7/06. (sl, ) 2009-09-04 19:26:48 564311901e33e06fdb26f23df568d68ddfc4b650
2006-12-27 17 0 Motion for Extension of Time to File Answer First MOTION for Extension of Time to File Answer by James McDonough, Troy King. (Bass, Marcus) 2009-09-04 19:26:47 764ccdbad2e6d23c591356a3beeb723dc409307a
2007-01-05 18 0 Order on Motion for Extension of Time to Answer ORDER granting [17] Motion for Extension of Time of fourteen days to file supplemental answer. Respondents are granted an extension from 12/27/06 to 1/10/07 to file their answer. Signed by Judge Wallace Capel Jr. on 1/5/07. (sl, ) 2009-09-04 19:26:57 dbebcfa9bf0ac3570f83b4128c5a2b6c5e616096
2007-01-10 19 0 Answer to Complaint ANSWER to Complaint by James McDonough, Troy King. (Attachments: # (1) Exhibit Exhibit A - Alabama Court of Criminal Appeals order dismissing motion for belated appeal.)(Madison, Daniel) 2009-09-04 19:26:41 4dba1eedc67a0b1009b069f540d5ba5f3c9cf9b8
2007-01-10 20 0 Answer to Complaint RESPONDENT'S SUPPLEMENTAL ANSWER to Complaint by James McDonough, Troy King. (Attachments: # (1) Exhibit 3 - affidavit from Coffee County SO# (2) Exhibit 4 - settlement agreement signed by Toole)(Bass, Marcus) 2009-09-04 19:26:55 ac3cfcf6c639840d90db5f03d8b7e64e0975d79d
2007-01-16 21 0 Order ORDER directing that on or before 1/30/2007 the petitioner may file a response to the supplemental answer, as further set out in order. Signed by Judge Wallace Capel Jr. on 1/16/07. (djy, ) 2009-09-04 19:26:31 c8f6303e83a069d09619fab698755d6b7e117cd5
2007-01-25 22 0 Motion to Appoint Counsel MOTION for Appointment of Counsel by Howard Glen Toole. (Attachments: # (1) Appendix A)(sl, ) 2009-09-04 19:26:28 705cffd0daf6797af6b9d33dc0510a399e49e331
2007-01-29 23 0 Order on Motion to Appoint Counsel ORDER denying [22] Motion to Appoint Counsel; denying [22] Motion for Order; denying [22] Motion to Compel. Signed by Judge Wallace Capel Jr. on 1/29/2007. (cc, ) 2009-09-04 19:26:21 6e9fc3066db5d1755d37bcfeff72d7776fe03cfa
2007-01-29 24 0 Motion for Extension of Time to File Response/Reply MOTION for Enlargement of Time to file response to [20] Supplemental Response by Howard Glen Toole. (sl, ) 2009-09-04 19:26:27 13821c90dd279598ee1f85342462fa5a01c16389
2007-01-31 25 0 Order on Motion for Extension of Time to File Response/Reply ORDERED that: (1) the [24] Motion for Extension of Time to File Response is granted; (2) petitioner is granted an extension from 1/30/07 to 2/20/07 to file his response. Ordered that petitioner's [24] motion for leave to invoke the discovery process is denied. Ordered that the [24] motion for production of document is denied. Signed by Judge Wallace Capel Jr. on 1/31/07. (sl, ) 2009-09-04 19:26:49 1e4ee456bac575be4faf7f9239d754b20e6664ca
2007-02-16 26 0 Objection to Objection to [25] Order filed by Howared G. Toole (Attachments: # (1) Appendix A)(sl, ) 2009-09-04 19:26:43 5f1f4a21dfcff1fe5098380beba099f1894140b1
2007-02-21 27 0 Order on Motion for Reconsideration ORDERED that the [26] Motion for de novo reconsideration is granted. Ordered that the [26] objections to the magistate judge's orders are overruled. Ordered that this cause is referred back to the United States Magistrate Judge for further appropriate proceedings. Signed by Judge Myron H. Thompson on 2/21/07. (sl, ) 2009-09-04 19:26:17 21e4cd7312a4ad72620a861a743db19471ce6fcd
2008-01-31 28 0 Notice of Change of Address NOTICE of Change of Address by Howard Glen Toole. (wcl, ) 2009-09-04 19:26:20 ae4f4e3aeb6454009c260927ce6ef725352035c7
2008-02-26 29 0 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to James McDonough, Troy King; Corporate Disclosures due by 3/11/2008. (Attachments: # (1) Corporate/Conflict Attachment)(wcl, ) 2009-09-04 19:26:18 bfbd03cfa4152b93743f253abce5deee9adeb7c5
2008-02-26 30 0 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Sam Culpepper; Corporate Disclosures due by 3/11/2008. (Attachments: # (1) Corporate/Conflict Attachment)(wcl, ) 2009-09-04 19:26:40 2066df3b8cb8b78eb2f9201ce957a2430f3ee6b1
2008-03-19 31 0 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to James McDonough, Troy King, Sam Culpepper; Corporate Disclosures due by 4/2/2008. (Attachments: # (1) Corporate/Conflict Attachment)(wcl, ) 2009-09-04 19:26:39 0a4c37639daa5f89d888a6cf6ced495226c89788
2008-03-24 32 0 Corporate/Conflict Disclosure Statement Corporate/Conflict Disclosure Statement by James McDonough, Troy King, Sam Culpepper re [30] Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement, [31] SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (wcl, ) 2009-09-04 19:26:46 25b1f882c04dbdc96724a0996c9250c5a83e2d50