Magwood v. Culliver, et al. (DEATH PENALTY)

Filing 157

ORDER directing that, upon consideration of the opinion of the United States Court of Appeals for the Eleventh Circuit entered on December 19, 2011, and the mandate of the United States Court of Appeals for the Eleventh Circuit issued on January 17, 2012, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The 124 stay entered on May 25, 2007 is dissolved; (2) The 116 final judgment of this court made and entered on April 9, 2007 is in full force and effect as of this date. Signed by Honorable Judge Myron H. Thompson on 2/7/12. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

BILLY JOE MAGWOOD,
Petitioner,
v.
WARDEN, COMMISSIONER,
ALABAMA DEPARTMENT OF
CORRECTIONS, and ATTORNEY
GENERAL OF ALABAMA,
Respondents.

)
)
)
) CIVIL ACTION NO.
)
2:97cv629-MHT
)
(WO)
)
)
)
)
)
)
ORDER

Upon consideration of the opinion of the United
States Court of Appeals for the Eleventh Circuit entered
on December 19, 2011, wherein the final judgment of this
court made and entered herein on April 9, 2007 (Doc. no.
116), was affirmed as to the fair-warning claim; and the
mandate of the United States Court of Appeals for the
Eleventh Circuit issued on January 17, 2012, and received
in the office of the clerk of this court on January 19,
2012 (Doc. no. 153), it is the ORDER, JUDGMENT, and
DECREE of the court as follows:

(1) The stay entered on May 25, 2007 (Doc. No. 124),
is dissolved.
(2) The

final

judgment

of

this

court

made

and

entered on April 9, 2007 (Doc. no. 116), is in
full force and effect as of this date.
DONE, this the 7th day of February, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE