Johnson v. Paniero
| Benjamin Marcus Johnson |
| Warden Aaron Paniero |
| 1:2023cv05520 |
| December 4, 2023 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| Amy Totenberg |
| Linda T Walker |
| 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 January 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 14
ORDER for Service of #13 Final Report and Recommendation by Magistrate Judge Linda T. Walker. 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 Linda T. Walker on 1/26/2024. (nmb)
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| Filing 13 FINAL REPORT AND RECOMMENDATION that the #1 Petition for Writ of Habeas Corpus filed by Benjamin Marcus Johnson be DISMISSED as time barred, and that a COA be DENIED. Signed by Magistrate Judge Linda T. Walker on 1/26/2024. (nmb) |
| FINAL REPORT AND RECOMMENDATION that the #11 MOTION to Dismiss petition as untimely filed by Aaron Paniero be GRANTED. Ruled on by Magistrate Judge Linda T. Walker on 1/26/2024 within the #13 Final Report and Recommendation. (nmb) |
| Clerk's Certificate of Mailing as to Benjamin Marcus Johnson re #14 Order for Service of Report and Recommendation, #13 FINAL REPORT AND RECOMMENDATION. (nmb) |
| Submission of #11 MOTION to Dismiss petition as untimely, to Magistrate Judge Linda T. Walker. (jkl) |
| Filing 12 NOTICE Of Filing by Aaron Paniero (Attachments: #1 Ex 1 a copy of Petitioners indictment., #2 Ex 2 a copy of Petitioners sentence., #3 Ex 3 a copy of Petitioners state habeas petition filed on September 26, 2022., #4 Ex 4 a copy of the state habeas courts order denying relief on November 28, 2023., #5 Ex 5 a copy of Petitioners motion for a change of judge filed in the trial court on November 24, 2020., #6 Ex 6 a copy of the trial court's order denying Petitioners motion for a change of judge on December 15, 2020., #7 Ex 7 a copy of Petitioners motion for out-of-time appeal filed in the trial court on February 10, 2021., #8 Ex 8 a copy of the trial courts order denying Petitioners motion for out-of-time appeal on October 26, 2021., #9 Ex 9 a copy of Petitioners notice of appeal of the denial of his motion for out-of-time appeal filed in the trial court on October 26, 2021., #10 Ex 10 a copy of the April 19, 2022, order of the Supreme Court of Georgia vacating the trial courts order denying Petitioners motion for out-of-time appeal and remanding the case to the trial court with direction to enter an order dismissing the motion for out-of-time appeal.)(Crowder, Matthew) Modified double text on 1/11/2024 (nmb). |
| Filing 11 MOTION to Dismiss petition as untimely with Brief In Support by Aaron Paniero. (Attachments: #1 Brief in support of Motion to Dismiss Petition as Untimely)(Crowder, Matthew) |
| Filing 10 Answer- RESPONSE to #1 Petition for Writ of Habeas Corpus by Aaron Paniero.(Crowder, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 9 Certified Mail Returned Receipt in re Clerk's Certificate of Mailing, USPS 7021 0950 0002 2862 0415. (dgr) |
| Filing 8 NOTICE of Appearance by Clint Christopher Malcolm on behalf of Aaron Paniero (Malcolm, Clint) |
| Filing 7 NOTICE of Appearance by Matthew Blackwell Crowder on behalf of Aaron Paniero (Crowder, Matthew) |
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Filing 6
ORDER REASSIGNING CASE. Case reassigned to Judge J. P. Boulee for all further proceedings. Judge Amy Totenberg no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:23-cv-5520-JPB-LTW. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Amy Totenberg on 12/11/2023. (dob)
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| Submission of #1 Petition for Writ of Habeas Corpus, to Magistrate Judge Linda T. Walker. (dob) |
| Clerk's Certificate of Mailing as to Benjamin Marcus Johnson re #6 Order Reassigning Case,. (dob) |
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Filing 5
ORDER directing Clerk to perfect service of petition and order on respondent by certified mail, with copy to State Attorney General. Respondent is directed to show cause within 30 days of receipt of order why writ should not be granted. Signed by Magistrate Judge Linda T. Walker on 12/5/2023. (dob)
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| Clerk's Certificate of Certified Mailing as to Aaron Paniero re #1 Petition for Writ of Habeas Corpus, #5 Order Directing Clerk to Perfect Service of HC Petition. USPS 7021 0950 0002 2862 0408 (dob) Modified on 12/6/2023 to add tracking number (dob). |
| Clerk's Certificate of Mailing as to Benjamin Marcus Johnson re #5 Order Directing Clerk to Perfect Service of HC Petition. (dob) |
| Clerk's Certificate of Certified Mailing as to Attorney General re #1 Petition for Writ of Habeas Corpus, #5 Order Directing Clerk to Perfect Service of HC Petition. USPS 7021 0950 0002 2862 0415 (dob) Modified on 12/6/2023 to add tracking number (dob). |
| Filing 4 Case transferred in from District of Georgia Southern; Case Number 4:23-cv-00342. Original file certified copy of transfer order and docket sheet received. |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. This case is TRANSFERRED to the United States District Court for the Northern District of Georgia for all further proceedings. Signed by Magistrate Judge Christopher L. Ray on 12/4/23. (wwp) [Transferred from Georgia Southern on 12/4/2023.]
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| Submission of #1 Petition for Writ of Habeas Corpus, to Magistrate Judge Linda T. Walker. (aar) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, by Benjamin Marcus Johnson. Responses due by 12/14/2023. REFERRED to Judge Christopher L. Ray. (jlh) [Transferred from Georgia Southern on 12/4/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Benjamin Marcus Johnson. (jlh) [Transferred from Georgia Southern on 12/4/2023.] |
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| Petitioner: Benjamin Marcus Johnson | |
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| Respondent: Warden Aaron Paniero | |
| Represented By: | Clint Christopher Malcolm |
| Represented By: | Matthew Blackwell Crowder |
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