Wimbush v. Mickens
Petitioner: Therian Wimbush
Respondent: Willie Sue Mickens
Case Number: 1:2019cv05318
Filed: November 21, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Leigh Martin May
Referring Judge: Russell G Vineyard
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 2, 2020 Filing 11 NOTICE Of Filing by Willie Sue Mickens (Attachments: #1 Exhibit Exhibit 1 a copy of the decision affirming Petitioners convictions and sentences on direct appeal on March 8, 2018. Wimbush v. State, 345 Ga. App. 54, 812 S.E.2d 489 (2018)., #2 Exhibit Exhibit 2 a copy of Petitioners premature state habeas corpus petition, filed in Pulaski County on June 30, 2017., #3 Exhibit Exhibit 3 a copy of the motion to stay the Pulaski County habeas proceeding pending the outcome of Petitioners direct appeal., #4 Exhibit Exhibit 4 a copy of the order staying the hearing., #5 Exhibit Exhibit 5 a copy of Petitioners motion for a hearing, indicating that the direct appeal opinion had issued., #6 Exhibit Exhibit 6 a copy of the order scheduling the Pulaski County habeas case for hearing., #7 Exhibit Exhibit 7 a copy of the Pulaski County habeas courts final order denying relief on December 3, 2018., #8 Exhibit Exhibit 8 a copy of the Georgia Supreme Court order granting Petitioners application for a certificate of probable cause to appeal and remanding the case for the Pulaski County habeas court to dismiss the petition as premature on August 19, 2019., #9 Exhibit Exhibit 9 a copy of Petitioners state habeas corpus petition, filed in Habersham County on November 14, 2019., #10 Exhibit Exhibit 10 a copy of the Respondents return and answer to the petition., #11 Exhibit Exhibit 11 a copy of the Habersham County habeas courts order setting the case for hearing to be held on June 24, 2020.)(Hill, Meghan)
January 2, 2020 Filing 10 MOTION to Dismiss Petition for Lack of Exhaustion with Brief In Support by Willie Sue Mickens. (Attachments: #1 BRIEF IN SUPPORT OF MOTION TO DISMISS PETITION FOR LACK OF EXHAUSTION)(Hill, Meghan)
January 2, 2020 Filing 9 ANSWER- RESPONSE to #1 Petition for Writ of Habeas Corpus, by Willie Sue Mickens.(Hill, Meghan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
December 11, 2019 Filing 7 NOTICE of Appearance by Paula K. Smith on behalf of Willie Sue Mickens (Smith, Paula)
December 11, 2019 Filing 6 NOTICE of Appearance by Meghan Hobbs Hill on behalf of Willie Sue Mickens (Hill, Meghan)
December 9, 2019 Filing 8 NOTICE of Change of Address for Therian Wimbush (tmf)
December 6, 2019 Filing 5 Certified Mail Returned Receipt as to Willie Sue Mickens 9171999991703257178668 re #3 Order Directing Clerk to Perfect Service of HC Petition. Delivered 12/6/2019. (tmf)
December 6, 2019 Filing 4 Certified Mail Returned Receipt as to Attorney General Chris Carr 9171999991703257178651 re #3 Order Directing Clerk to Perfect Service of HC Petition. Delivered 12/6/2019. (tmf)
December 3, 2019 Opinion or Order Filing 3 ORDER: The Clerk SHALL 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 SHOW CAUSE within THIRTY (30) DAYS of the receipt of this Order why the 2254 petition should not be granted, and SHALL transmit to this Court all available pleadings, transcripts, and decisions needed to determine the issues raised. Petitioner's request to proceed in forma pauperis, [Doc. #2 ], is GRANTED. See order for further specifics. Signed by Magistrate Judge Russell G. Vineyard on 12/3/2019. (tmf)
December 3, 2019 Clerk's Certificate of Mailing via ERR 9171999991703257178668 as to Willie Sue Mickens re #3 Order Directing Clerk to Perfect Service of HC Petition, #1 Petition for Writ of Habeas Corpus,. (tmf)
December 3, 2019 Clerk's Certificate of Mailing as to Therian Wimbush re #3 Order Directing Clerk to Perfect Service of HC Petition. (tmf)
December 3, 2019 Clerk's Certificate of Mailing via ERR 9171999991703257178651 as to Attorney General Chris Carr re #3 Order Directing Clerk to Perfect Service of HC Petition, #1 Petition for Writ of Habeas Corpus,. (tmf)
November 27, 2019 Submission of #2 APPLICATION for Leave to Proceed in Forma Pauperis and Frivolity determination, to Magistrate Judge Russell G. Vineyard. (eop)
November 21, 2019 Filing 2 APPLICATION for Leave to Proceed in Forma Pauperis with Certification and Account Statement In Support by Therian Wimbush. (eop)
November 21, 2019 Filing 1 PETITION for Writ of Habeas Corpus filed by Therian Wimbush. (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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Respondent: Willie Sue Mickens
Represented By: Meghan Hobbs Hill
Represented By: Paula K. Smith
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Petitioner: Therian Wimbush
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