Lemery v. Caldwell
| Steven Lemery |
| Antoin Caldwell |
| 1:2021cv03128 |
| August 2, 2021 |
| US District Court for the Northern District of Georgia |
| Christopher C Bly |
| J P Boulee |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.
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Filing 7
ORDER for Service of #6 Final Report and Recommendation, by Magistrate Judge Christopher C. Bly. 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 Christopher C. Bly on 09/24/2021. (ayw)
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Filing 6
ORDER GRANTING Request to Proceed In Forma Pauperis and FINAL REPORT AND RECOMMENDATION that #4 Amended Petition for Writ of Habeas Corpus be DISMISSED without prejudice for failure to exhaust state remedies. It is RECOMMENDED that a certificate of appealability be DENIED. The Clerk is DIRECTED to terminate the referral to the undersigned. Signed by Magistrate Judge Christopher C. Bly on 09/24/2021. (ayw)
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| Clerk's Certificate of Mailing as to Steven Lemery re #6 FINAL REPORT AND RECOMMENDATION re #4 Amended Petition for Writ of Habeas Corpus, filed by Steven Lemery, #7 Order for Service of Report and Recommendation,. (ayw) |
| Filing 5 Affidavit and Authorization for withdrawal from Inmate Account by Steven Lemery. (rlh) |
| Filing 4 AMENDED PETITION for Writ of Habeas Corpus filed by Steven Lemery. Related document: #1 Petition for Writ of Habeas Corpus, filed by Steven Lemery.(rlh) 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. |
| Filing 3 Affidavit and Authorization for withdrawal from Inmate Account by Steven Lemery. (rlh) |
| Submission of #2 Orderto Magistrate Judge Christopher C. Bly. (ayw) |
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Filing 2
ORDER: It is ORDERED that Petitioner must, within 30 days of the entry date of this Order, submit an amended petition. Petitioner is ORDERED to pay the filing fee of $5.00 required for habeas petitions or submit an application for leave to proceed in forma pauperis within 30 days of the date this Order is entered. Petitioner is admonished that this action shall be subject to dismissal if he fails to submit an amended petition and pay the required fees or submit a completed application for leave to proceed in forma pauperis within the specified period of time, or fails to keep the Clerk of Court advised of his current address at all times while this action is pending. The Clerk is DIRECTED to forward a 28 U.S.C. 2254 petition form and an application for leave to proceed in forma pauperis stamped with the case number for this action to Petitioner together with a copy of this Order. The Clerk is further DIRECTED to resubmit this action to the undersigned upon receipt of the amended petition and required fees or application for leave to proceed in forma pauperis, or at the expiration of the aforementioned time period.(Forms sent to party: Affidavit and Authorization; Affidavit to Proceed IFP; 28:2254 Forms) Signed by Magistrate Judge Christopher C. Bly on 8/12/21. (ceo)
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| Clerk's Certificate of Mailing as to Steven Lemery re #2 Order. (Forms sent to party: Affidavit and Authorization; Affidavit to Proceed IFP; 28:2254 Forms) (ceo) |
| Submission of #1 Petition for Writ of Habeas Corpus for IFP and Frivolity determination, to Magistrate Judge Christopher C. Bly. (eop) |
| Filing 1 PETITION for Writ of Habeas Corpus, titled, Extra Ordinary Motion for a New Trial and Dismissal of Charges Under Spoliation Laws filed by Steven Lemery. (Attachments: #1 Certificate of Service, #2 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: Steven Lemery | |
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| Respondent: Antoin Caldwell | |
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