The State of Georgia v. Shafer
| The State of Georgia |
| David James Shafer |
| 1:2023cv03720 |
| August 21, 2023 |
| US District Court for the Northern District of Georgia |
| Steve C Jones |
| Civil Rights: Voting |
| 28 U.S.C. § 1442 Petition for Removal - Suit against Federal Officer |
| None |
Docket Report
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This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 USCA Acknowledgment of #30 Notice of Appeal filed by David James Shafer. Case Appealed to USCA- 11th Circuit. Case Number 23-13360-B. (pjm) |
| Filing 35 NOTICE TO COUNSEL OF RECORD for Defendant regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #34 Exhibits. (dnb) |
| Filing 33 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: #30 Notice of Appeal. (pjm) |
| Filing 32 USCA Appeal Transmission Letter to USCA- 11th Circuit re: #31 USCA Appeal Transmission. (pjm) |
| Filing 31 DOCUMENT FILED IN ERROR USCA Appeal Transmission Letter to USCA- 11th Circuit re: #30 Notice of Appeal filed by David James Shafer. (pjm) Modified on 10/6/2023 (pjm). |
| Filing 30 NOTICE OF APPEAL as to #27 Order,,,, by David James Shafer. Filing fee $ 505, receipt number AGANDC-12934680. Transcript Order Form due on 10/20/2023 (Pierson, Holly) |
| Filing 34 Defendants' EXHIBITS admitted and retained at the #22 Evidentiary Hearing, have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(dnb) (Additional attachment(s) added on 10/19/2023: #7 Exhibit D-1 Pg. 13, 33, 56, 62, #9 Exhibit D-3 Pg. 7-9) (cah). |
| Filing 29 Case electronically remanded to Superior Court of Fulton County, Georgia. (Envelope #13278449 has been submitted successfully.) (rsg) |
| Filing 28 Remand Letter to Superior Court of Fulton County. (rsg) |
Filing 27
ORDER REMANDING the State's criminal prosecution of David J. Shafer under Section 1455 to Fulton County Superior Court. The Court also DENIES Shafer's habeas corpus petition and DECLINES to issue a certificate of appealability. Finally, the Court DENIES Shafer's request for equitable relief. In the light of these holdings, the Court DIRECTS the Clerk of Court to CLOSE this case. The Court's conclusion is not to suggest any opinion about the State's case against Shafer. The Court makes no ruling on the merits of the charges against Shafer or any defense that he may offer. Shafer maintains the presumption of innocence and bears no burden of proving that he did not commit the crimes charged against him. The burden of proof beyond a reasonable doubt remains with the State. This Order's sole determination is that there is no federal jurisdiction over the criminal case. The outcome of this case will be for a Fulton County judge and trier of fact to ultimately decide. Signed by Judge Steve C. Jones on 9/29/23. (rsg)
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| Civil Case Terminated. (rsg) |
| Filing 26 Amended (per #25 Order) Defendants' Exhibit List from 9/20/2023 evidentiary hearing #22 . (pdw) |
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Filing 25
ORDER regarding the Defendants' Exhibits 4 and 5 tendered at the coordinated hearing on September 20, 2023. The State does not object to Defendant's Exhibit 4. Accordingly, Defendant's Exhibit 4 is ADMITTED. The Court ADMITS Defendant's Exhibit 5 over the State's Objections. Signed by Judge Steve C. Jones on 09/21/2023. (ddm)
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| Filing 24 TRANSCRIPT of an evidentiary hearing held on 9/20/2023, before Judge Steve C. Jones. Court Reporter/Transcriber Diane Peede, Diane_Peede@GAND.uscourts.gov. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/12/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/20/2023. (Attachments: #1 Appendix) (dcp) |
| Filing 23 Exhibit List by David James Shafer. (ddm) |
| Filing 22 Minute Entry for proceedings held before Judge Steve C. Jones: Evidentiary Hearing held on 9/20/2023. Oral argument heard regarding Defendants' respective Notices of Removal. Defendants' exhibits 1 and 2 admitted over objection. Defendants' exhibit 3 admitted without objection. Defendants' exhibits 4 and 5 were tendered; the Court will permit counsel for State of Georgia until noon on 9/21/2023 to review and advise the Court of any objections, after which the Court will make a determination regarding admission. (Court Reporter Dianne Peede)(ddm) |
| Filing 21 NOTICE Of Filing Declarations by David James Shafer (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gillen, Craig) |
| Filing 20 NOTICE of Appearance by Nathan J. Wade on behalf of The State of Georgia. (ddm) |
| Filing 19 NOTICE Of Filing by David James Shafer Defendant's Waiver of Right to Be Present at Evidentiary Hearing Set for September 20, 2023 (Gillen, Craig) |
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Filing 18
ORDER directing that if the Defendant still wishes to waive their presence at the September 20, 2023 Coordinated Hearing, the Court ORDERS the Parties to file Declarations of Waiver that are signed by the individual defendant, not their attorneys, before 9:00 AM on SEPTEMBER 20, 2023. Signed by Judge Steve C. Jones on 09/18/2023. (ddm)
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| Filing 17 NOTICE by David James Shafer of Waiver of Right to Be Present at Evidentiary Hearing Set For September 20, 2023 (Gillen, Craig) |
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Filing 16
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM for counsel of record on September 20, 2023 at 9:30 a.m. Signed by Judge Steve C. Jones on 9/15/23. (rsg)
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| Filing 15 NOTICE of Appearance by Francis McDonald Wakeford, IV on behalf of The State of Georgia (Wakeford, Francis) |
| Filing 14 RESPONSE re #7 to State's Opposition to David J. Shafer's Notice of Removal and Request for Habeas or Equitable Relief filed by David James Shafer. (Gillen, Craig) Modified on 9/15/2023 to edit docket text (ddm). |
| Filing 13 NOTICE of Appearance by Alex Bernick on behalf of The State of Georgia (Bernick, Alex) |
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Filing 12
ORDER denying #10 Motion for Authorization for Witness to Appear and Testify by Means of Video Teleconference Technology. Signed by Judge Steve C. Jones on 9/14/2023. (pdw)
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| Filing 11 NOTICE of Appearance by Daysha D'Anya Young on behalf of The State of Georgia (Young, Daysha) |
| Filing 10 Joint MOTION for Authorization for Witness to Appear and Testify by Means of Video Teleconference Technology with Brief In Support by David James Shafer. (Attachments: #1 Exhibit A)(Gillen, Craig) |
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Filing 9
ORDER GRANTING the [Doc. 9 in 1:23-CV-3792-SCJ)] Motion to Consolidate Evidentiary Hearings filed by Defendant Shawn Still. Accordingly, the September 18, 2023 (2:00 p.m.) hearing for the case sub judice is CANCELED. Given the overlap in arguments and evidence, and in the interest of judicial economy, a consolidated evidentiary hearing concerning the Notices of Removal for the following three cases will be held on SEPTEMBER 20, 2023 at 9:30 A.M. (Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia, Courtroom 1907): Georgia v. David James Shafer, Civil Action No. 1:23-cv-03720; Georgia v. Shawn Micah Tresher Still, Civil Action No. 1:23-cv-03792; and Georgia v. Cathleen Alston Latham, Civil Action No. 1:23-cv-03803. Signed by Judge Steve C. Jones on 09/11/2023. (ddm)
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Filing 8
ADMINSTRATIVE ORDER NO. 23-04: IN RE USE OF CELLULAR TELEPHONES AND ELECTRONIC DEVICES ON THE 19TH FLOOR OF THE RICHARD B. RUSSELL BUILDING ON SEPTEMBER 18 AND SEPTEMBER 20, 2023. Signed by Chief Judge Timothy C. Batten, Sr. on 9/11/2023. (bgt)
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| Filing 7 RESPONSE re #1 Notice of Removal, #4 Order,,,, Set Deadlines/Hearings,,,, Set Submission Deadline,,, filed by The State of Georgia. (Attachments: #1 Exhibit Nov 20 Gov Cert, #2 Exhibit Dec 7 SoS Recount Cert, #3 Exhibit Dec 7 Gov re-Cert, #4 Exhibit Fake Certificate, #5 Exhibit Meadows hrg tx, #6 Exhibit Hawaii Docs)(Cross, Anna) |
| Filing 6 NOTICE of Appearance by John Earl Floyd on behalf of The State of Georgia (Floyd, John) |
| Filing 5 NOTICE of Appearance by Anna Green Cross on behalf of The State of Georgia (Cross, Anna) |
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Filing 4
ORDER directing that the Parties participate in an evidentiary hearing concerning the Notice of Removal of the Indictment against David James Shafer on Wednesday, September 20, 2023, at 9:30 A.M., in Courtroom 1907. Given the overlap in arguments and evidence, and in the interest of judicial economy, Shafer's hearing will be held in conjunction with the evidentiary hearing of his co-Defendant, Cathleen Alston Latham (Civil Action No. 1:23-cv-03803-SCJ, NDGa.) The Fulton County District Attorney's Office may submit a written response to Shafer's Notice of Removal no later than Thursday, September 7, 2023. Any response submitted must not exceed 25 pages in length. In the interim, pursuant to 28 U.S.C. 1455(b)(3), proceedings may continue in the Superior Court of Fulton County, Georgia. Signed by Judge Steve C. Jones on 08/29/2023. (ddm)
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| Filing 3 CERTIFICATE OF SERVICE re #1 Notice of Removal, by David James Shafer.(Gillen, Craig) |
| Filing 2 NOTICE of Appearance by John Wooten on behalf of The State of Georgia (Wooten, John) |
| Filing 1 NOTICE OF REMOVAL with CRIMINAL INDICTMENT filed by David James Shafer. (Filing fee $402 receipt number AGANDC-12831121) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(bgt) 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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