Isham v. Emmons
| Brian Isham |
| Shawn Emmons |
| 1:2019cv01297 |
| March 21, 2019 |
| US District Court for the Northern District of Georgia |
| Christopher C Bly |
| Charles A Pannell |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 8 NOTICE Of Filing by Shawn Emmons (Attachments: #1 Exhibit Ex 1 a copy of the Georgia Court of Appeals opinion affirming Petitioners convictions and sentences on direct appeal on May 25, 2012. Isham v. State, No. A12A0771 (Ga. App., May 25, 2015) (unpublished)., #2 Exhibit Ex 2 a copy of Petitioners state habeas corpus petition filed in Tattnall County on May 23, 2013., #3 Exhibit Ex 3 a copy of Petitioners amended petition., #4 Exhibit Ex 4 a copy of the state habeas courts final order denying relief, filed on May 11, 2018., #5 Exhibit Ex 5 a copy of the Georgia Supreme Courts order denying Petitioners application for a certificate of probable cause to appeal on March 4, 2019., #6 Exhibit Ex 6a a copy of volume 1 (of 9) of the transcript from Petitioners August 27, 2014, state habeas corpus evidentiary hearing., #7 Exhibit Ex 6b a copy of volume 2 (of 9) of the transcript from Petitioners August 27, 2014, state habeas corpus evidentiary hearing., #8 Exhibit Ex 6c a copy of volume 3 (of 9) of the transcript from Petitioners August 27, 2014, state habeas corpus evidentiary hearing., #9 Exhibit Ex 6d a copy of volume 4 (of 9) of the transcript from Petitioners August 27, 2014, state habeas corpus evidentiary hearing., #10 Exhibit Ex 6e a copy of volume 5 (of 9) of the transcript from Petitioners August 27, 2014, state habeas corpus evidentiary hearing., #11 Exhibit Ex 6f a copy of volume 6 (of 9) of the transcript from Petitioners August 27, 2014, state habeas corpus evidentiary hearing., #12 Exhibit Ex 6g a copy of volume 7 (of 9) of the transcript from Petitioners August 27, 2014, state habeas corpus evidentiary hearing., #13 Exhibit Ex 6h a copy of volume 8 (of 9) of the transcript from Petitioners August 27, 2014, state habeas corpus evidentiary hearing., #14 Exhibit Ex 6i a copy of volume 9 (of 9) of the transcript from Petitioners August 27, 2014, state habeas corpus evidentiary hearing., #15 Exhibit Ex 7 a copy of the transcript from Petitioners August 26, 2015 habeas corpus evidentiary hearing.)(Hill, Meghan) |
| Filing 7 ANSWER- RESPONSE to #1 Petition for Writ of Habeas Corpus, by Shawn Emmons. (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 6 NOTICE of Appearance by Meghan Hobbs Hill on behalf of Shawn Emmons (Hill, Meghan) |
| Filing 5 NOTICE of Appearance by Paula K. Smith on behalf of Shawn Emmons (Smith, Paula) |
Filing 4
ORDER GRANTING In Forma Pauperis. 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. Respondent shall (1) show cause within SIXTY (60) DAYS of the receipt of this Order why the writ should not be granted, and (2) transmit to this Court such pleadings, transcripts, and decisions as are available and required to determine the issues raised. Signed by Magistrate Judge Christopher C. Bly on 5/3/19. (bnw)
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| Clerk's Certificate of Mailing as to Shawn Emmons, Brian Isham, and Attorney General of Georgia re #4 Order. (bnw) |
| Submission of #2 Order, to Magistrate Judge Christopher C. Bly. (tcc) |
| Filing 3 Affidavit and Authorization for withdrawal from Inmate Account by Brian Isham. (tcc) |
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Filing 2
ORDER - The Clerk is DIRECTED to send Petitioner a prisoner application for leave to proceed in forma pauperis, stamped with the case number for this action. If Petitioner wishes to proceed with this case, he is ORDERED, within THIRTY (30) DAYS from the date of this Order, to (1) pay the $5.00 filing fee, or (2) complete and return the application for leave to proceed in forma pauperis. Petitioner is CAUTIONED that this action may be dismissed for failure to (1) comply with any Orders of the Court; see LR 41.3A(2), NDGa.; or (2) keep this Court advised of Petitioner's current address at all times while this lawsuit is pending; see LR 41.2B, NDGa. The Clerk is FURTHER DIRECTED to RESUBMIT this action to the undersigned upon Petitioner's compliance with this Order or the expiration of the thirty-day time period. Signed by Magistrate Judge Christopher C. Bly on 3/26/2019. (tcc)
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| Clerk's Certificate of Mailing as to Brian Isham re #2 Order, Forms sent to party: Affidavit and Authorization. (tcc) |
| Submission of #1 Petition for Writ of Habeas Corpus for IFP and Frivolity determination, to Magistrate Judge Christopher C. Bly. (eop) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Brian Isham. (Attachments: #1 Civil Cover Sheet, #2 Exhibit -Envelope)(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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| Petitioner: Brian Isham | |
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| Respondent: Shawn Emmons | |
| Represented By: | Meghan Hobbs Hill |
| Represented By: | Paula K. Smith |
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