Wimbush v. Tatum
| Therian Wimbush |
| Murray Tatum, Timothy C. Ward and Brian P. Kemp |
| 1:2020cv02376 |
| June 2, 2020 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Russell G Vineyard |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
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Filing 17
ORDER for Service of #16 Final Report and Recommendation by Magistrate Judge Russell G. Vineyard. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Russell G. Vineyard on 7/27/2020. (tmf)
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| Filing 16 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Therian Wimbush Signed by Magistrate Judge Russell G. Vineyard on 7/27/2020. (tmf) |
| FINAL REPORT AND RECOMMENDATION re #10 MOTION to Dismiss filed by Timothy C. Ward, Murray Tatum. IT IS RECOMMENDED that respondent's motion to dismiss, [Doc. #10 ], be GRANTED, that this action be DISMISSED WITHOUT PREJUDICE for lack of exhaustion, and that a COA be DENIED. The Clerk is DIRECTED to terminate the referral to the Magistrate Judge. Ruled on at #16 R&R by Magistrate Judge Russell G. Vineyard on 7/27/2020. (tmf) Modified on 7/27/2020to edit text (tmf). |
| Clerk's Certificate of Mailing as to Therian Wimbush re #17 Order for Service of Report and Recommendation, #16 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Therian Wimbush. (tmf) |
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Filing 15
ORDER denying #13 Motion for Recusal. Signed by Magistrate Judge Russell G. Vineyard on 7/24/2020. (tmf)
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| Clerk's Certificate of Mailing as to Therian Wimbush re #15 Order on Motion for Recusal. (tmf) |
| Filing 14 REPLY to #9 Respondent's Answer and RESPONSE in Opposition to #10 Motion to Dismiss filed by Therian Wimbush. (ddm) |
| Filing 13 MOTION to Recuse Magistrate Judge Russell Glenn Vineyard and District Judge Leigh Martin May filed by Therian Wimbush. (ddm) |
| Clerk's Certificate of Mailing as to Therian Wimbush re #12 Notice (Other). (tmf) |
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Filing 12
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI)
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| Filing 11 NOTICE Of Filing by Murray Tatum, Timothy C. Ward (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 that petition., #11 Exhibit Exhibit 11 a copy of the Habersham County habeas courts order setting that case for hearing to be held on June 24, 2020., #12 Exhibit Exhibit 12 a copy of the Habersham County habeas courts order continuing that hearing pursuant to the statewide COVID-19 Judicial Emergency Order and resetting the hearing for December 17, 2020.)(Hill, Meghan) |
| Filing 10 MOTION to Dismiss with Brief In Support by Murray Tatum, Timothy C. Ward. (Attachments: #1 Brief BRIEF IN SUPPORT OF MOTION TO DISMISS)(Hill, Meghan) |
| Filing 9 ANSWER- RESPONSE to #1 Petition for Writ of Habeas Corpus, by Murray Tatum, Timothy C. Ward.(Hill, Meghan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Clerk's Certificate of Mailing as to Therian Wimbush re #8 Notice (Other). (tmf) |
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Filing 8
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (ddm) (ADI)
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Filing 7
ORDER denying #5 Motion for Recusal. Signed by Magistrate Judge Russell G. Vineyard on 6/19/2020. (tmf)
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| Clerk's Certificate of Mailing as to Therian Wimbush re #7 Order on Motion for Recusal. (tmf) |
| Filing 6 Certified Mail Returned Receipt re #1 Petition for Writ of Habeas Corpus, #4 Order (Warden Tatum delivered 6/10/2020, AG Carr delivered 6/11/2020) (Attachments: #1 Carr delivered) (tmf) |
| Filing 5 MOTION to Recuse Magistrate Judge Russell G. Vineyard and District Judge Leigh Martin May by Therian Wimbush. (jpa) |
| Clerk's Certificate of Mailing as to Therian Wimbush re #4 Order. (tmf) |
| Clerk's Certificate of Mailing as to Murray Tatum (via ERR 91 71999991 7032 5718 0555) and AG Chris Carr (via ERR 91 7199 9991 7032 5718 0548) re #1 Petition for Writ of Habeas Corpus, #4 Order. (tmf) |
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Filing 4
ORDER: Petitioner's request to proceed in forma pauperis, [Doc. #2 ], is GRANTED. 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. The Clerk is DIRECTED to TERMINATE Governor Brian P. Kemp and Commissioner Timothy C. Ward as respondents. See order for further specifics. Signed by Magistrate Judge Russell G. Vineyard on 6/8/2020. (tmf)
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Filing 3
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 5/26/20. (eop)
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| Clerk's Certificate of Mailing as to Therian Wimbush re #3 Order. (eop) |
| Submission of #2 APPLICATION for Leave to Proceed in Forma Pauperis and Frivolity determination, to Magistrate Judge Russell G. Vineyard. (eop) |
| Filing 2 APPLICATION for Leave to Proceed in Forma Pauperis with Account Statement In Support by Therian Wimbush. (eop) |
| 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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