Prescott v. Etheridge et al
| Lindberg Prescott |
| 1996 Trial and Indictment No. Z-78909, Henry Malkin, Phillip Etheridge, Georgia Dept. of Pardons and Paroles - State of Georgia and Angela Dannally |
| 1:2020cv03441 |
| August 19, 2020 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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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)
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| Civil Case Terminated. (tmf) |
| Clerk's Certificate of Mailing as to Lindberg Prescott re #8 Order on Final Report and Recommendation, Order on Motion for Miscellaneous Relief. (tmf) |
| 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) |
| Clerk's Certificate of Mailing as to Lindberg Prescott re: #7 Notice (Other). (pjm) |
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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)
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| Filing 6 OBJECTIONS to #3 Report and Recommendation filed by Lindberg Prescott (found within #5 Motion). (tmf) |
| Filing 5 MOTION to Withdraw Above Styled Habeas Corpus by Lindberg Prescott. (tmf) |
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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)
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| 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) |
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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)
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| 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) |
| 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). |
| Clerk's Certificate of Mailing as to Lindberg Prescott RE: #2 Order. (aaq) |
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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)
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| 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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