Woods v. Wiza
| FABIAN WOODS, JR and Fabian Woods, Jr. |
| SGT. SCOTT WIZA |
| 1:2024cv00234 |
| January 17, 2024 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Catherine M Salinas |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 CLERK'S JUDGMENT that the action be DISMISSED WITH PREJUDICE. (dgr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 14
ORDER. The Court APPROVES AND ADOPTS the Final Report and Recommendation [Doc. 11 in Case No. 1 :24-CV-234 and Doc. 3 in Case No. 1 :24- CV-575] as the Opinion and Order of the Court. It is hereby ORDERED that both cases be DISMISSED WITHOUT PREJUDICE. It is further ORDERED that Petitioner's Motion to Have Case Transferred Back to the Middle District of Georgia [Doc. 6 in Case No. 1 :24-CV-234] and Request for Judgment on the Pleadings and Summary Judgment [Doc. 10 in Case No. l:24-CV-234] are DENIED AS MOOT. The Clerk is DIRECTED to CLOSE both cases. Signed by Judge Mark H. Cohen on 3/15/2024. (dgr)
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| Clerk's Certificate of Mailing as to Fabian Woods, Jr. re #15 Clerk's Judgment and #14 Order. (dgr) |
| Civil Case Terminated. (dgr) |
| Submission of #11 Final Report and Recommendation Order ruling on IFP to District Judge Mark H. Cohen. (lme) |
| Filing 13 AMENDED PETITION for Writ of Habeas Corpus re: #9 Petition for Writ of Habeas Corpus, filed by Fabian Woods, Jr. Related document: #9 Petition for Writ of Habeas Corpus, filed by Fabian Woods, Jr..(dgr) 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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Filing 12
ORDER for Service of #11 Final Report and Recommendation by Magistrate Judge Catherine M. Salinas. 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 Catherine M. Salinas on 2/23/2024. (dgr)
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Filing 11
FINAL REPORT AND RECOMMENDATION RECOMMENDING that the #1 Petition for Writ of Habeas Corpus be DISMISSED WITHOUT PREJUDICE and closed. I further RECOMMEND that a certificate of appealability be DENIED in each case because Woods does not meet the requisite standard. I DENY Woods applications for permission to proceed in forma pauperis. See -234 Case [Doc. 3 therein]; -575 Case [Doc. 2 therein]. If Woods files Objections to this Final Report and Recommendation, then I ORDER him TO PAY the $10 due in filing fees for these two cases. Finally, if the Court approves and adopts my recommendation for dismissal without prejudice of these cases for the reasons stated above, then I further RECOMMEND that Woods motions for transfer and summary judgment be DENIED WITHOUT PREJUDICE as moot. See -234 Case [Docs. 6, 10 therein]. I DIRECT the Clerk to terminate the referral of these two cases to me. Signed by Magistrate Judge Catherine M. Salinas on 2/23/2024. (dgr)
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FINAL REPORT AND RECOMMENDATION RECOMMENDING that the #10 MOTION for Judgment on the Pleadings MOTION for Summary Judgment and #6 MOTION to have case Transferred to the Middle District of Georgia be DENIED WITHOUT PREJUDICE. Text of order can be found at #11 Final Report and Recommendation. Signed by Magistrate Judge Catherine M. Salinas on 2/23/2024. (dgr)
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| Clerk's Certificate of Mailing as to Fabian Woods, Jr. re #11 Final Report and Recommendation and #12 Order for Service of Report and Recommendation. (dgr) |
| Submission of #6 MOTION to have case Transferred to the Middle District of Georgia to Magistrate Judge Catherine M. Salinas. (lme) |
| Filing 10 Request for Judgment on the Pleadings and MOTION for Summary Judgment by Fabian Woods, Jr. (rlh) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 9 Amended PETITION for Writ of Habeas Corpus filed by Fabian Woods, Jr..(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 8 NOTICE Of Filing State Court Documents by Fabian Woods, Jr. (pdt) |
| Filing 7 ---DOCUMENT FILED IN ERROR/INCCORECT CASE--- MOTION to Subpoena Witness by Fabian Woods, Jr. (dgr) Modified on 2/14/2024 (rlh). |
| Filing 6 MOTION to have case Transferred to the Middle District of Georgia by Fabian Woods, Jr. (dgr) |
| Filing 5 Case transferred in from District of Georgia Middle; Case Number 4:24-cv-00008. Original file certified copy of transfer order and docket sheet received. |
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Filing 4
ORDER OF TRANSFER transferring proceedings to the U.S. District Court for the Northern District of Georgia. Ordered by US DISTRICT JUDGE CLAY D LAND on 1/17/2024. (esl) [Transferred from Georgia Middle on 1/17/2024.]
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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 1/31/2024. (esl) [Transferred from Georgia Middle on 1/17/2024.] |
| Submission of #1 Petition for Writ of Habeas Corpus, #3 Application for Leave to Proceed in forma pauperis, to Magistrate Judge Catherine M. Salinas. (aar) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis Filed by FABIAN WOODS, JR. (Attachments: #1 Certification and Trust Account Stmt, #2 Envelope). Motion referred to STEPHEN HYLES.(esl) [Transferred from Georgia Middle on 1/17/2024.] |
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Filing 2
ORDER REFERRING CASE to Magistrate Judge Hyles issued at the direction of the Court (tlf). [Transferred from Georgia Middle on 1/17/2024.]
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| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS filed by FABIAN WOODS JR. (Attachments: #1 Envelope) (tlf). [Transferred from Georgia Middle on 1/17/2024.] |
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