BUTLER et al v. COOK et al
| ANDREW BUTLER, III and KELLY ANN SWABY |
| STEVEN F COOK and GAGE COWART |
| 4:2021cv00440 |
| November 1, 2021 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| MARK E WALKER |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on December 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 9 CLERK'S JUDGMENT entered pursuant to Order Adopting Report and Recommendation ECF. No. #8 (sjb) |
Filing 8
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION- The report and recommendation, ECF No. #6 , is accepted and adopted as this Court's opinion. The motion for leave to proceed in forma pauperis, ECF No. #5 , is DENIED as moot. The Clerk shall enter judgment stating, "Petitioners' 2241 petition, ECF No. #1 , is DISMISSED without prejudice." The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 12/29/2021. (sjb)
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| Filing 7 Filing fee: $ 5.00, receipt number FLN400043108. Fee status updated to paid. (toy) |
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Filing 6
REPORT AND RECOMMENDATION. DISMISS Butler's habeas petition under 28 U.S.C. 2241, Doc. #1 , without prejudice. DENY Butler's motion for leave to proceed in forma pauperis, Doc. #5 , as moot. Order the clerk of the court to close the case file. R&R flag set Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 11/30/2021. Internal deadline for referral to district judge if objections are not filed earlier: 12/28/2021. (alb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #5 MOTION for Leave to Proceed in forma pauperis. Referred to MICHAEL J FRANK. (alb) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by ANDREW BUTLER, III. (alb) |
| Filing 4 Mail Returned as Undeliverable. Mail sent to KELLY ANN SWABY Re: 2 Notice to Pro Se Litigants. (Unable to locate Kelly Ann Swaby in any facility. No address to forward to.) (alb) Modified on 11/23/2021 (Ms. Kelly Swaby called, her address is 8330 Nelson St., New Orleans, LA. 70118. Notice to Pro Se sent to this address.) |
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Filing 3
ORDER re #1 Petition for Writ of Habeas Corpus. The clerk of the court shall send to Butler a motion for leave to proceed in forma pauperis for use by prisoners. On or before 12/9/2021, Butler shall: a. pay $5.00; orb. submit a fully-completed motion for leave to proceed in forma pauperis with the necessary attachments. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 11/9/2021. (jcw)(Form sent as ordered.)
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| Filing 2 Notice to Pro Se Litigants. (jfj) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ANDREW BUTLER, III and KELLY ANN SWABY. (No service copies, IFP motion, or fee received.) (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #1 Petition for Writ of Habeas Corpus. (jfj) |
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