McBee v. Daniels, et al. (INMATE 3)(LEAD)
Filing
7
ORDER directing that: (1) Civil Action No. 1:14cv1230-MHT and Civil Action No. 1:15cv15-MHT are consolidated; (2) Civil Action No. 1:14cv1230-MHT is designated as the lead case; all future pleadings, motions, briefs, orders, and other documents submitted in the consolidated cases shall be filed in only Civil Action No. 1:14cv1230-MHT; (3) Civil Action No. 1:15cv15-MHT is closed administratively. Signed by Honorable Judge Myron H. Thompson on 1/20/15. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
JERRY RANDOLPH McBEE,
# 105694,
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)
)
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)
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Petitioner,
v.
LEEPOSEY DANIELS, Warden,
and LUTHER STRANGE,
Alabama Attorney General,
Respondents.
JERRY RANDOLPH McBEE,
# 105694,
CIVIL ACTION NO.
1:14cv1230-MHT
(WO)
)
)
)
)
)
)
)
)
)
)
)
)
Petitioner,
v.
LEEPOSEY DANIELS, Warden,
and LUTHER STRANGE,
Alabama Attorney General,
Respondents.
CIVIL ACTION NO.
1:15cv15-MHT
(WO)
ORDER
On
December
15,
2014,
petitioner
Jerry
Randolph
McBee filed a petition for writ of habeas corpus under
28
U.S.C.
§ 2254
in
the
Middle
District
of
Alabama
challenging
his
murder
conviction
and
life
sentence
entered by the Circuit Court of Houston County, which
is located in this District.
This court docketed the
habeas petition as Civil Action No. 1:14cv1230-MHT and
entered orders for the named respondents to file an
answer by January 21, 2015.
In June 2014, McBee filed another habeas petition
under
§
2254,
but
this
time
in
the
United
States
District Court for the Northern District of Alabama.
On December 11, 2014, that court transferred the habeas
petition to Middle District of Alabama after it became
apparent
McBee
was
seeking
to
challenge
the
same
conviction and sentence in Houston County, which, as
stated, is in the Middle District.
On January 8, 2015,
this court docketed the transferred habeas petition as
Civil Action No. 1:15cv15-MHT.
***
2
Because petitioner Jerry Randolph McBee
challenges
the same Houston County conviction and sentence in both
habeas petitions, it is ORDERED that:
1.
Civil
Action
No.
1:14cv1230-MHT
and
Civil
Action No. 1:15cv15-MHT are consolidated.
2.
as
Civil Action No. 1:14cv1230-MHT is designated
the
lead
case.
All
future
pleadings,
motions,
briefs, orders, and other documents submitted in the
consolidated cases shall be filed in only Civil Action
No. 1:14cv1230-MHT.
3.
Civil
Action
No.
1:15cv15-MHT
is
administratively.
DONE, this the 20th day of January, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
closed
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