Fleming v. White
| Byron Fleming |
| E. Y. Edkin, Daniel Porter, Amber Glenter, Darel Mitchell, Tom Lawler, Gwinnett County Judicial Circuit Public Defenders Office, Gwinnett County Judicial Circuit Chief Public Defender, James W. Oxendine, Carlton C. Jones and Keith Davidson |
| Warden Jermaine White |
| 1:2019cv00850 |
| February 19, 2019 |
| US District Court for the Northern District of Georgia |
| Janet F King |
| William M Ray |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on April 9, 2019. A more recent docket listing may be available from PACER.
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Filing 7
ORDER: The Clerk of Court is DIRECTED to adjust the Courts docket (1) to show that this is a federal habeas corpus petition, 28 U.S.C. 2254, and (2) to terminate all Defendants previously listed in Plaintiff's initial pleading, which has now been superseded and replaced by his habeas corpus petition. The Court finds that Petitioner has sufficient financial means to pay the $5.00 filing fee, and the request #2 , #4 , #6 to proceed in forma pauperis is DENIED. Petitioner is ORDERED to pay the full $5.00 statutory filing fee for habeas corpus petitions. Petitioner must submit the filing fee to the Clerk of the Court within thirty (30) days from the entry date of this order. The Clerk of the Court is hereby DIRECTED TO RESUBMIT this action to the assigned Magistrate Judge upon receipt of the filing fee or at the expiration of the above time period. Signed by Magistrate Judge Janet F. King on 4/9/19. (rlb)
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| Clerk's Certificate of Mailing as to Byron Fleming re #7 Order. (rlb) |
| Submission of #6 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge Janet F. King. (rlb) |
| Filing 6 Motion to Proceed in forma pauperis by Byron Fleming. (rlb) |
| Submission of #4 Affidavit and Authorization for withdrawal from Inmate Account, #5 Petition for Writ of Habeas Corpus and #3 Order, to Magistrate Judge Janet F. King. (rlb) |
| Filing 5 PETITION for Writ of Habeas Corpus filed by Byron Fleming.(rlb) 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. |
| Filing 4 Affidavit and Authorization for withdrawal from Inmate Account by Byron Fleming. (rlb) |
| Clerk's Certificate of Mailing as to Byron Fleming re #3 Order and 2254 forms. (bnp) |
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Filing 3
ORDER: Plaintiff must amend his #1 complaint as it is unclear whether he may have intended to file a federal habeas corpus petition. Plaintiff shall have thirty (30) days from the entry date of this Order in which to amend and file a federal habeas corpus petition. If Plaintiff does not submit amended pleadings as instructed, his initial complaint shall be construed as titled, a civil rights complaint, and shall be deemed the operative pleading in this action. The Clerk of the Court is DIRECTED to forward to Petitioner a 28 U.S.C. 2254 habeas corpus form petition, together with a copy of this Order. The Clerk is FURTHER DIRECTED TO RESUBMIT this action to the assigned Magistrate Judge at the expiration of the above time period. Signed by Magistrate Judge Janet F. King on 2/27/2019. Forms sent to party: 28:2254 Forms(bnp)
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| Submission of #2 Affidavit and Authorization for withdrawal from Inmate Account for IFP and Frivolity determination, to Magistrate Judge Janet F. King. (eop) |
| Filing 2 Affidavit and Authorization for withdrawal from Inmate Account by Byron Fleming. (eop) |
| Filing 1 COMPLAINT filed by Byron Fleming. (Attachments: #1 Civil Cover Sheet)(eop) 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. |
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