Prescott v. Etheridge et al
Petitioner: Lindberg Prescott
Respondent: 1996 Trial and Indictment No. Z-78909, Henry Malkin, Phillip Etheridge, Georgia Dept. of Pardons and Paroles - State of Georgia and Angela Dannally
Case Number: 1:2020cv03441
Filed: August 19, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Leigh Martin May
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 2020 Civil Case Terminated. (tmf)
September 24, 2020 Clerk's Certificate of Mailing as to Lindberg Prescott re #8 Order on Final Report and Recommendation, Order on Motion for Miscellaneous Relief. (tmf)
September 24, 2020 Opinion or Order Filing 8 ORDER: This Court DECLINES TO ADOPT the R&R, [Doc. #3 ],Plaintiff's motion for voluntary dismissal, [Doc. #5 ], is GRANTED, and the instant action is DISMISSED without prejudice. Signed by Judge Leigh Martin May on 9/24/2020. (tmf)
September 8, 2020 Submission of #3 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Lindberg Prescott, #6 Objections to Report and Recommendation, #5 MOTION, to District Judge Leigh Martin May. (tmf)
September 3, 2020 Clerk's Certificate of Mailing as to Lindberg Prescott re: #7 Notice (Other). (pjm)
September 2, 2020 Opinion or Order Filing 7 SEVENTH 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 9/1/2020. (ddm) (ADI)
August 31, 2020 Filing 6 OBJECTIONS to #3 Report and Recommendation filed by Lindberg Prescott (found within #5 Motion). (tmf)
August 31, 2020 Filing 5 MOTION to Withdraw Above Styled Habeas Corpus by Lindberg Prescott. (tmf)
August 21, 2020 Clerk's Certificate of Mailing as to Lindberg Prescott re #4 Order for Service of Report and Recommendation, #3 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Lindberg Prescott. (tmf)
August 21, 2020 Opinion or Order Filing 4 ORDER for Service of #3 Final Report and Recommendation, by Magistrate Judge John K. Larkins, III. 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 John K. Larkins, III on 8/21/2020. (tmf)
August 21, 2020 Opinion or Order ORDER GRANTING In Forma Pauperis for the purpose of dismissal only. Ruled on at #3 R&R by Magistrate Judge John K. Larkins, III on 8/21/2020. (tmf)
August 21, 2020 Filing 3 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Lindberg Prescott. With respect to the portion of the petition collaterally attacking Petitioners 1996 Fulton County convictions and sentences, IT IS RECOMMENDED that the petition be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction as an impermissibly second or successive 2254 petition. With respect to the portion of the petition seeking a writ of mandamus compelling the Georgia Board of Pardons and Paroles to release Petitioner on parole, IT IS RECOMMENDED that the petition be DISMISSED under 28 U.S.C. 1915A as frivolous and for failure to state a claim. The Clerk of Court is DIRECTED to terminate the referral to the undersigned United States Magistrate Judge. Signed by Magistrate Judge John K. Larkins, III on 8/21/2020. (tmf)
August 21, 2020 Clerk's Certificate of Mailing as to Lindberg Prescott RE: #2 Order. (aaq)
August 21, 2020 Opinion or Order Filing 2 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/20.(aaq)
August 21, 2020 Submission of #1 Petition for Writ of Habeas Corpus to Magistrate Judge John K. Larkins for IFP determination. (aaq) Modified on 8/21/2020 to edit text. (aaq).
August 19, 2020 Filing 1 PETITION for Writ of Habeas Corpus filed by Lindberg Prescott. (Attachments: #1 Civil Cover Sheet)(aaq) 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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Search for this case: Prescott v. Etheridge et al
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Respondent: 1996 Trial and Indictment No. Z-78909
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Respondent: Henry Malkin
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Respondent: Phillip Etheridge
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Respondent: Georgia Dept. of Pardons and Paroles - State of Georgia
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Respondent: Angela Dannally
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Petitioner: Lindberg Prescott
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