Mitchell v. Emig et al
Petitioner: David A. Mitchell
Respondent: Commissioner Robert Surles, Attorney General of the State of Delaware and Warden Brian Emig
Case Number: 1:2022cv01542
Filed: November 28, 2022
Court: US District Court for the District of Delaware
Presiding Judge: Colm F Connolly
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 9, 2023 Remark: Filing Fee check payment received ($5.00, Receipt# DDEX468) (mkr)
January 6, 2023 Filing 5 EXHIBIT re #2 Petition for Writ of Habeas Corpus by David A. Mitchell. (mkr)
December 16, 2022 Opinion or Order Filing 4 ORDER, Petitioner's Motion for Leave to Proceed in forma pauperis (D.I. #1 ) is DISMISSED with leave to amend. Petitioner did not include a certified inmate account statement with his Motion, and his Motion indicates that he has more than sufficient funds in a private checking or savings account to cover the $5 filing fee. Petitioner shall have thirty days from the date of this Order to either pay the $5.00 filing fee or file a certified inmate account statement. Petitioner must file the attached form 2254 application and election form with the Court within thirty days of the entry of this Order. Failure to timely return the completed forms will result in the Court's ruling on the pending petition as filed. The Clerk of Court shall correct the caption in the docket for this case by replacing Commissioner Robert Surles with Warden Brian Emig.(Copy to pet. with Mag. Consent Form & AEDPA Form)( Notice of Compliance deadline set for 1/17/2023.) Signed by Judge Colm F. Connolly on 12/16/2022. (Attachments: #1 AEDPA Election Form) (apk)
December 7, 2022 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
November 28, 2022 Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb)
November 28, 2022 Filing 2 PETITION for Writ of Habeas Corpus - filed by David A. Mitchell. (Attachments: #1 Exhibit)(mpb)
November 28, 2022 Filing 1 MOTION for Leave to Proceed in forma pauperis - filed by David A. Mitchell. (mpb)

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Petitioner: David A. Mitchell
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Respondent: Commissioner Robert Surles
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Respondent: Attorney General of the State of Delaware
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Respondent: Warden Brian Emig
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