UPKINS v. TOBY
| KEVIN UPKINS |
| Annettia Toby |
| 1:2018cv05612 |
| December 10, 2018 |
| US District Court for the Northern District of Georgia |
| Janet F King |
| Charles A Pannell |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 15 RESPONSE in Opposition re #14 MOTION Set Aside Void Conviction", filed by Annettia Toby. (Hill, Meghan) |
| Filing 14 PRO SE MOTION to Set Aside Void Conviction by KEVIN UPKINS. (tcc) |
| Filing 13 NOTICE Of Filing by Annettia Toby (Attachments: #1 Exhibit 1 a copy of the Georgia Court of Appeals opinion affirming Petitioners conviction on direct appeal on March 25, 2015. Upkins v. State, No. A14A1952 (Ga. App. Mar. 25, 2015) (unpublished)., #2 Exhibit 2 a copy of Petitioners state habeas corpus petition filed in Hancock County on November 12, 2015., #3 Exhibit 3 a copy of Petitioners December 3, 2015 amendment to his state habeas corpus petition., #4 Exhibit 4 a copy of Petitioners May 18, 2016 amendment to his state habeas corpus petition., #5 Exhibit 5 a copy of Petitioners June 3, 2016 amendment to his state habeas corpus petition., #6 Exhibit 6 a copy of Petitioners post-hearing amendment to his state habeas corpus petition, filed on August 31, 2016., #7 Exhibit 7 a copy of the state habeas courts final order denying relief, filed on June 5, 2017., #8 Exhibit 8 a copy of the Georgia Supreme Courts order denying Petitioners application for a certificate of probable cause to appeal on August 2, 2018., #9 Exhibit 9 a copy of the transcript from Petitioners April 13, 2016, state habeas corpus evidentiary hearing., #10 Exhibit 10(a) a copy of volume 1 (of 5) of the transcript from Petitioners July 21, 2016, state habeas corpus evidentiary hearing., #11 Exhibit 10(b) Part I of II - a copy of volume 2 (of 5) of the transcript from Petitioners July 21, 2016, state habeas corpus evidentiary hearing., #12 Exhibit 10(b) Part II of II - a copy of volume 2 (of 5) of the transcript from Petitioners July 21, 2016, state habeas corpus evidentiary hearing., #13 Exhibit 10(c) a copy of volume 3 (of 5) of the transcript from Petitioners July 21, 2016, state habeas corpus evidentiary hearing., #14 Exhibit 10(d) Part I of II - a copy of volume 4 (of 5) of the transcript from Petitioners July 21, 2016, state habeas corpus evidentiary hearing., #15 Exhibit 10(d) Part II of II - a copy of volume 4 (of 5) of the transcript from Petitioners July 21, 2016, state habeas corpus evidentiary hearing., #16 Exhibit 10(e) a copy of volume 5 (of 5) of the transcript from Petitioners July 21, 2016, state habeas corpus evidentiary hearing.)(Hill, Meghan) |
| Filing 12 ANSWER- RESPONSE to #1 Petition for Writ of Habeas Corpus by Annettia Toby. (Attachments: #1 Brief In Support of Answer-Response.)(Hill, Meghan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 11 BRIEF in Support of #1 Petition for Writ of Habeas Corpus filed by KEVIN UPKINS. (tcc) |
| Filing 10 NOTICE of Appearance by Paula K. Smith on behalf of Annettia Toby (Smith, Paula) |
| Filing 9 NOTICE of Appearance by Meghan Hobbs Hill on behalf of Annettia Toby (Hill, Meghan) |
Filing 8
ORDER - As Petitioner is in custody pursuant to a judgment of a State court, the Clerk of Court is DIRECTED to adjust the Court's docket to show that this is a federal habeas corpus petition under 28 U.S.C. 2254. IT IS ORDERED that Petitioner's motion for leave to proceed in forma pauperis #2 is GRANTED. IT IS ORDERED that the Clerk transmit a copy of the petition and this Order by certified mail to Respondent and the Attorney General of the State of Georgia. IT IS FURTHER ORDERED that Respondent shall show cause within thirty (30) days of the receipt of this Order why the writ should not be granted. The Court INSTRUCTS Respondent, in filing the state habeas record, to FILE SEPARATELY each state habeas exhibit. The Court INSTRUCTS Respondent to serve Petitioner with copies of the exhibits. Petitioner is DIRECTED that, if he wishes to file a reply to Respondent's response, he must file his reply within twenty (20) days of his receipt of Respondent's response. Petitioner is ADVISED that during the pendency of his case he must keep the Clerk of Court advised of his address at all times and that his failure to do so may result in dismissal of his petition. The Clerk of Court is DIRECTED TO RESUBMIT this action to the assigned Magistrate Judge within twenty days of Respondent filing a response or, if Respondent fails to file a response, at the expiration of his time for doing so. Signed by Magistrate Judge Janet F. King on 12/26/2018. (tcc)
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| Clerk's Certificate of Mailing as to Annettia Toby (CMRR), KEVIN UPKINS, Attorney General of the State of Georgia (CMRR) re #8 Order. (tcc) |
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(Contained w/in #8 Order) ORDER that Petitioner's motion to appoint an expert #3 is DENIED without prejudice. Signed by Magistrate Judge Janet F. King on 12/26/2018. (tcc)
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| Filing 7 Case transferred in from District of Georgia Middle; Case Number 5:18-cv-00351. Original file certified copy of transfer order and docket sheet received. |
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Filing 6
ORDER OF TRANSFER: transferring proceedings to the U.S. District Court for the Northern District of Georgia, Atlanta Division. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 12/810/2018. (chc) [Transferred from Georgia Middle on 12/10/2018.]
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| Submission of #2 Motion for leave to proceed in forma pauperis, #3 Motion to appoint expert, to Magistrate Judge Janet F. King. (aar) |
| Case Electronically Transferred Out - District Transfer to Northern District of Georgia. All documents, including a certified copy of the docket sheet and pleading were transferred electronically. **The Notice of Electronic Filing serves as certification for these transferred documents.**(Case Transfer Acknowledgment deadline 12/26/2018.) (ggs) [Transferred from Georgia Middle on 12/10/2018.] |
| Filing 5 MOTION to Transfer Case Filed by KEVIN UPKINS. (Attachments: #1 Cover Letter, #2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ggs) [Transferred from Georgia Middle on 12/10/2018.] |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Charles H. Weigle issued at the direction of the Court. (ggs) [Transferred from Georgia Middle on 12/10/2018.]
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| Filing 3 MOTION to Appoint Expert Filed by KEVIN UPKINS. (Attachments: #1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ggs) [Transferred from Georgia Middle on 12/10/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis Filed by KEVIN UPKINS. (Attachments: #1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ggs) [Transferred from Georgia Middle on 12/10/2018.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS, filed by KEVIN UPKINS. (Attachments: #1 Envelope)(ggs) [Transferred from Georgia Middle on 12/10/2018.] |
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| Respondent: Annettia Toby | |
| Represented By: | Meghan Hobbs Hill |
| Represented By: | Paula K. Smith |
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| Petitioner: KEVIN UPKINS | |
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