Burgess v. Allen
| Charles Patrick Wayne Burgess |
| Kelly Allen |
| 5:2023cv01548 |
| November 15, 2023 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Herman N Johnson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 MOTION for the court to intervene by Charles Patrick Wayne Burgess. (KAM) |
Filing 7
ORDER TO SHOW CAUSE On November 16, 2023, the court ordered Burgess to file an amended petition on the court's standard form and either pay the filing fee or file an application to proceed in forma pauperis within 30 days. (Doc. 4). The court received Burgess's amended petition on December 4, 2023. (Doc. 5). The court received the filing fee on December 15, 2023. Therefore, the court DENIES as MOOT Burgesss Motion for an Extension wherein he requested an additional 14 days to pay the filing fee. (Doc. 6). Accordingly, the respondent is ORDERED to appear and show cause in writing within 30 days why the petition should not be granted. In the response, the respondent must include a thorough discussion of all matters of fact and law relating to the petition, including any claim the petitioner must exhaust his administrative or state- court remedies and has not done so. Signed by Magistrate Judge Herman N Johnson, Jr on 12/15/2023. (RMM)
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| Filing fee received: $ 5, receipt number B-9101 (RMM) |
| Filing 6 MOTION for Extension of Time by Charles Patrick Wayne Burgess. (DNW) |
| Filing 5 AMENDED PETITION for Writ of Habeas Corpus, filed by Charles Patrick Wayne Burgess.(RMM) |
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Filing 4
ORDER The petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. (Doc. 2). The petition stands deficient for the following reasons: The petitioner did not use this court's standard form for habeas actions and his petition lacks information necessary to the resolution of his claims. The petitioner has not filed an application to proceed in forma pauperis or paid the filing fee of $5. The petitioner must file an application to proceed in forma pauperis or pay the filing fee of $5 to the Clerk of Court. The petitioner must correct this deficiency within 30 days. If he does not correct the deficiency by this deadline, the court may dismiss this action for want of prosecution without further notice under Federal Rule of Civil Procedure 41(b). Signed by Magistrate Judge Herman N Johnson, Jr on 11/16/2023. (RMM)
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| Filing 3 NOTICE of filing and case number, along with Doc #1 mailed to petitioner via first class mail. (RMM) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by Charles Patrick Wayne Burgess.(RMM) |
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Filing 1
ORDER directing clerk to open a new case and refile Petition for Writ of Habeas Corpus, filed by Charles Patrick Wayne Burgess.(RMM)
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| Petitioner: Charles Patrick Wayne Burgess | |
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| Respondent: Kelly Allen | |
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