Sutton v. Unnamed Respondent(s)
| Jermaine Sutton |
| Unnamed Respondent(s) |
| 1:2021cv01621 |
| April 21, 2021 |
| US District Court for the Northern District of Georgia |
| John K Larkins |
| Leigh Martin May |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 CLERK'S JUDGMENT dismissing action. (tmf)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 5
ORDER adopting #3 Final Report and Recommendation as the opinion of the Court. This Petition #1 is DISMISSED under Rule 4. A certificate of appealability is DENIED based on Petitioners failure to make a substantial showing of the denial of a constitutional right. 28 U.S.C. 2253(c)(2). This denial is without prejudice to any future petition that Petitioner may filed once his underlying charges are resolved. The Clerk is DIRECTED to CLOSE this case. Signed by Judge Leigh Martin May on 5/11/2021. (tmf)
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| Civil Case Terminated. (tmf) |
| Clerk's Certificate of Mailing as to Jermaine Sutton re #5 Order on Final Report and Recommendation,, #6 Clerk's Judgment. (tmf) |
| Submission of #3 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Jermaine Sutton, to District Judge Leigh Martin May. (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 4/22/2021. (cmd)
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| Filing 3 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus: Petitioner's habeas claims are premature because he can raise these issues in his pending criminal case, through his attorney. In light of the foregoing analysis, IT IS RECOMMENDED that the petition [Doc. #1 ] be DISMISSED under Rule 4. The Clerk is DIRECTED to terminate the reference to the undersigned Magistrate Judge. Signed by Magistrate Judge John K. Larkins, III on 4/22/2021. (cmd) |
| Clerk's Certificate of Mailing as to Jermaine Sutton re #4 Order for Service of Report and Recommendation. (cmd) |
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ORDER: Because Petitioner is not a state prisoner, the Clerk is DIRECTED to RESTYLE this case as a petition brought pursuant to 28 U.S.C. 2241, rather than 2254. For the purpose of preliminary review under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, Petitioner is GRANTED leave to proceed in forma pauperis. Ruled on by Magistrate Judge John K. Larkins III on 4/22/2021 within the #3 R&R. (cmd)
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| Clerk's Certificate of Mailing as to Jermaine Sutton re #3 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus. (cmd) |
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Filing 2
ELEVENTH 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 3/9/21. (eop)
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Jermaine Sutton. (Remark: Petition filed in U.S. Attorney Office on March 30th and received in U. S. District Court Office on April 21st) (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. |
| Clerk's Certificate of Mailing as to Jermaine Sutton re #2 Order. (eop) |
| Submission of #1 Petition for Writ of Habeas Corpus for IFP and Frivolity determination, to Magistrate Judge John K. Larkins. (eop) |
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