Kelley v. Mims
| Frederick D. Kelley |
| Warden Charles Mims |
| 1:2023cv02734 |
| June 16, 2023 |
| US District Court for the Northern District of Georgia |
| Regina D Cannon |
| Steve C Jones |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on July 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing Fee Paid: $ 5.00, receipt number 100005083 (jra) |
| Clerk's Certificate of Mailing as to Frederick D. Kelley re #8 Clerk's Judgment. (rsg) |
| Filing 8 CLERK'S JUDGMENT (Amended to correct case no.) (rsg)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Filing 7 CLERK'S JUDGMENT dismissing this action without prejudice due to lack of jurisdiction. (rsg)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 6
ORDER adopting the #3 Final Report and Recommendation. Accordingly, the amended 28 U.S.C. 2254 petition is DISMISSED for lack of jurisdiction. A Certificate of Appealability is DENIED. Signed by Judge Steve C. Jones on 07/18/2023. (rsg)
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| Civil Case Terminated. (rsg) |
| Submission of #3 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Frederick D. Kelley, to District Judge Steve C. Jones. (pdw) |
| Clerk's Certificate of Mailing as to Frederick D. Kelley re #6 Order on Final Report and Recommendation, #7 Clerk's Judgment. (rsg) |
| Filing 5 Offender Miscellaneous Withdrawal Form filed by Frederick D. Kelley. (ddm) |
| Clerk's Certificate of Mailing as to Frederick D. Kelley re #3 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Frederick D. Kelley, #4 Order for Service of Report and Recommendation. (rsg) |
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Filing 4
ORDER for Service of #3 Final Report and Recommendation, by Magistrate Judge Regina D Cannon. 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 Regina D Cannon on 06/28/23. (rsg)
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Filing 3
FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, I RECOMMEND that Kelley's petition be DISMISSED FOR LACK OF JURISDICTION, and I further RECOMMEND that Kelley be DENIED a certificate of appealability. I DENY Kelley's application for permission to proceed in forma pauperis because it states that he has a spendable balance of $317.50 in his inmate account, see [Doc. 2 at 4], which is more than sufficient to pay the $5 fee necessary to initiate this case, and I ORDER him TO PAY $5 to the Clerk within fourteen days of the entry date of this Order. I caution Kelley that failure to comply fully with the order in this paragraph would constitute a separate and independent basis for dismissal of this case. See LR 41.3(A)(2), NDGa. I DIRECT the Clerk to terminate the referral of this case to me. Signed by Magistrate Judge Regina D Cannon on 6/27/23. (rsg)
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ORDER denying #2 Application for Leave to Proceed in forma pauperis. (Ruled on within the #3 R&R.) Signed by Magistrate Judge Regina D Cannon on 6/27/23. (rsg)
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| Submission of #2 APPLICATION for Leave to Proceed in forma pauperis for IFP and Frivolity Determination to Magistrate Judge Regina D Cannon. (lwb) |
| Filing 2 APPLICATION for Leave to Proceed in forma pauperis by Frederick D. Kelley. (lwb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Frederick D. Kelley. (Attachments: #1 Brief In Support, #2 Cover Letter, #3 Civil Cover Sheet)(lwb) 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: Frederick D. Kelley | |
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| Respondent: Warden Charles Mims | |
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