Rivers v. The State of Georgia
| Calvin Rivers |
| The State of Georgia |
| 1:2020cv02807 |
| July 2, 2020 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.
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| Filing 8 CLERK'S JUDGMENT entered dismissing writ of habeas corpus without prejudice. (jta)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 7
ORDER: The Court APPROVES AND ADOPTS the Amended Order and Final Report and Recommendation Doc. #5 as the opinion and order of the Court. It is hereby ORDERED that Petitioner's request for an extension of time, docketed as a petition for writ of habeas corpus Doc. #1 , is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. The Clerk is DIRECTED to close this case. Signed by Judge Mark H. Cohen on 7/31/2020. (jta)
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| Civil Case Terminated. (jta) |
| Clerk's Certificate of Mailing as to Calvin Rivers re #7 Order on Final Report and Recommendation. (jta) |
| Clerk's Certificate of Mailing as to Calvin Rivers re #8 Clerk's Judgment. (jta) |
| Clerk's Certificate of Mailing as to Calvin Rivers re #6 Notice (Other). (bdb) |
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Filing 6
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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| Clerk's Certificate of Mailing as to Calvin Rivers re #5 AMENDED FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Calvin Rivers. (jta) |
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Filing 5
AMENDED ORDER and FINAL REPORT AND RECOMMENDATION RECOMMENDING re #1 Petition for Writ of Habeas Corpus, filed by Calvin Rivers be DISMISSED for lack of jurisdiction. Although Rivers may believe that the limitation period governing 2254 petitions has expired or may be close to expiring, he may file a proper 2254 petition in a new case under a new docket number. The Court then will determine whether the proper 2254 petition is actually untimely and whether any exception to the limitation period allows Rivers to proceed despite any untimeliness. The Clerk is DIRECTED to terminate the referral to the undersigned Magistrate Judge. Leave for Petitioner to proceed in forma pauperis is GRANTED for the purpose of dismissal only. Signed by Magistrate Judge Justin S. Anand on 7/7/2020. (jta)
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ORDER GRANTING In Forma Pauperis for the purpose of dismissal only. (as found w/i #5 AMENDED Order and Final R&R). By Magistrate Judge Justin S. Anand on 7/7/2020. (jta)
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Filing 4
ORDER for Service of #3 Final Report and Recommendation,, by Magistrate Judge Justin S. Anand. 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 Justin S. Anand on 7/7/2020. (jta)
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| Filing 3 FINAL REPORT AND RECOMMENDATION RECOMMENDING re #1 Petition for Writ of Habeas Corpus, filed by Calvin Rivers be DISMISSED for lack of jurisdiction. Although Rivers may believe that the limitation period governing 2254 petitions has expired or may be close to expiring, he may file a proper 2254 petition in a new case under a new docket number. The Court then will determine whether the proper 2254 petition is actually untimely and whether any exception to the limitation period allows Rivers to proceed despite any untimeliness. The Clerk is DIRECTED to terminate the referral to the undersigned Magistrate Judge. Signed by Magistrate Judge Justin S. Anand on 7/7/2020. (jta) |
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Filing 2
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 7/1/20. (eop)
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| Clerk's Certificate of Mailing as to Calvin Rivers re #2 Order. (eop) |
| Submission of #1 Petition for Writ of Habeas Corpus for IFP and Frivolity determination, to Magistrate Judge Justin S. Anand. (eop) |
| Clerk's Certificate of Mailing as to Calvin Rivers re #3 FINAL REPORT AND RECOMMENDATION, #4 Order for Service of Report and Recommendation. (jta) |
| Filing 1 PETITION for Writ of Habeas Corpus, titled, Request for Extension, filed by Calvin Rivers. (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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| Petitioner: Calvin Rivers | |
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| Respondent: The State of Georgia | |
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