WHITING v. JUSTICE
| PRESTON WHITING |
| TAKETA JUSTICE |
| 1:2023cv03146 |
| July 17, 2023 |
| US District Court for the Northern District of Georgia |
| Regina D Cannon |
| Leigh Martin May |
| 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 August 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 CLERK'S JUDGMENT dismissing action. (jra)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Attachment(s): #2 Corrected Main Document) (jra). |
Filing 8
ORDER: the Court ADOPTS the Magistrate Judge's #5 Report and Recommendation as the opinion of the Court: Petitioner's 2254 #1 petition is DISMISSED for lack of jurisdiction because it is a successive petition that Petitioner filed without also presenting an order from the United States Court of Appeals for the Eleventh Circuit authorizing him to file it. No certificate of appealability shall issue. The Clerk is DIRECTED to CLOSE this case. Signed by Judge Leigh Martin May on 8/8/23. (jra)
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| Civil Case Terminated. (jra) |
| Clerk's Certificate of Mailing as to PRESTON WHITING re #8 Order on Final Report and Recommendation & #9 Clerk's Judgment. (jra) |
| Submission of #5 FINAL REPORT AND RECOMMENDATION to District Judge Leigh Martin May. (bnp) |
| Filing 7 Mail Returned as Undeliverable. Mail sent to Preston Whiting re #6 Order for Service of Report and Recommendation & #5 FINAL REPORT AND RECOMMENDATION. (jra) |
| Filing Fee Paid: $ 5.00, receipt number 100005138 (jra) |
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Filing 6
ORDER for Service of #5 Final Report and Recommendation & Order 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 7/20/2023. (jra)
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Filing 5
FINAL REPORT AND RECOMMENDATION AND ORDER: It is RECOMMENDED that Whiting's petition #1 be DISMISSED FOR LACK OF JURISDICTION, and I further RECOMMEND that Whiting be DENIED a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (applying 28 U.S.C. 2253(c)). It appears that Whiting failed to pay the filing fee for this case (although he paid the filing fee for his prior 2254 case), so I ORDER him TO PAY $5 to the Clerk within fourteen days of the entry date of this Order. I caution Whiting that failure to comply 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 7/20/23. (jra)
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| Clerk's Certificate of Mailing as to PRESTON WHITING re #6 Order for Service of Report and Recommendation and #5 FINAL REPORT AND RECOMMENDATION & ORDER (jra) |
| Filing 4 Case transferred in from District of Georgia Middle; Case Number 5:23-cv-00237. Original file certified copy of transfer order and docket sheet received. |
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Filing 3
ORDER OF TRANSFER transferring proceedings to the U.S. District Court for the Northern District of Georgia. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 7/17/2023. (kat) [Transferred from Georgia Middle on 7/17/2023.]
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| Case Electronically Transferred Out - District Transfer to Northern District of Georgia. All documents, including a certified copy of the docket sheet and pleading were transferred electronically. **The Notice of Electronic Filing serves as certification for these transferred documents.**Case Transfer Acknowledgment deadline 7/31/2023. (sst) [Transferred from Georgia Middle on 7/17/2023.] |
| Submission of #1 Petition for Writ of Habeas Corpus,, to Magistrate Judge Regina D Cannon. (no filing fee or IFP) (aar) |
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Filing 2
ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 7/14/2023. (sst) [Transferred from Georgia Middle on 7/17/2023.]
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| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS,filed by PRESTON WHITING. (Attachments: #1 Copy of Hearing on Respondent's Motion to Dismiss, #2 Envelope)(sst) Modified date on 7/14/2023 (sst). [Transferred from Georgia Middle on 7/17/2023.] |
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| Petitioner: PRESTON WHITING | |
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| Respondent: TAKETA JUSTICE | |
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