Burress v. United States et al
| Kevin Owen Burress |
| United States, State of Georgia, Dade County, Ray Cross and Nick Weldon |
| 4:2021cv01551 |
| November 19, 2021 |
| US District Court for the Northern District of Alabama |
| Nicholas A Danella |
| Corey L Maze |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 8
ORDER - On transfer to this court, the case was docketed as a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. But, because Burress appears to be a federal pretrial detainee, and not detained "pursuant to the judgment of a State court," 2254 does not provide any basis for relief. Instead, Burress's alleged claims concerning the facts of his detention arise under 28 U.S.C. 2241. The Clerk is DIRECTED to re-docket this action accordingly. On December 29, 2021, Burress complied with that order and filed an amended petition pursuant to 2241. Doc. #6 . As a result, Burress's motion to amend his petition (Doc. #2 ) is DENIED as moot. Also, Burress has filed a motion to proceed in forma pauperis. Doc. #7 . Based on that declaration, it appears that Burress is able to pay the $5.00 filing fee for this action; so his motion to proceed in forma pauperis (Doc. #7 ) is DENIED without prejudice. Consequently, Burress is ORDERED to send a check or money order in the amount of $5.00 made payable to the "Clerk, United States District Court" to the Clerk of Court within 30 days from the date of this order. Signed by Magistrate Judge Nicholas A Danella on 1/11/2022. (KEK)
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Filing 7
MOTION for Leave to Proceed in forma pauperis by Kevin Owen Burress. (KEK)
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Filing 6
AMENDED PETITION for Writ of Habeas Corpus, filed by Kevin Owen Burress.(KEK)
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Filing 5
ORDER Within 30 days of the date of this order, Petitioner Burress MUST EITHER file an amended petition for habeas corpus relief pursuant to 28 U.S.C. 2241, OR dismiss this action and file a civil rights action pursuant to 42 U.S.C. 1983. Signed by Magistrate Judge Nicholas A Danella on 12/13/2021. (SRD)
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Filing 4
Case transferred in from District of Georgia Northern; Case Number 4:21-cv-00208. Original file certified copy of transfer order and docket sheet received.
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Filing 3
ORDER transferring this action to the United States District Court for the Northern District of Alabama, Middle Division in Gadsden, for further proceedings. The Clerk is DIRECTED to terminate the referral to the undersigned. Clerk is DIRECTED to send plaintiff a blank 1983 complaint and application for leave to proceed in forma pauperis. Signed by Magistrate Judge Walter E. Johnson on 11/19/2021. (jkb) [Transferred from Georgia Northern on 11/19/2021.]
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Case electronically transferred to Northern District of Alabama, Middle Division in Gadsden. (jkb) [Transferred from Georgia Northern on 11/19/2021.]
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Civil Case Terminated. Magistrate Judge Walter E. Johnson terminated from case. (jkb) [Transferred from Georgia Northern on 11/19/2021.]
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Filing 2
MOTION to Amend #1 Petition for Writ of Habeas Corpus, by Kevin Owen Burress. (jkb) [Transferred from Georgia Northern on 11/19/2021.] Modified on 11/19/2021 (KEK).
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Submission of #1 Petition for Writ of Habeas Corpus, for IFP, to Magistrate Judge Walter E. Johnson. (tmf) [Transferred from Georgia Northern on 11/19/2021.]
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Filing 1
PETITION for Writ of Habeas Corpus filed by Kevin Owen Burress. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(tmf) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 11/19/2021.]
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