McCrury v. Allen
| Charles Gerald McCrary |
| Sheriff Lavon Allen |
| 1:2024cv03736 |
| August 21, 2024 |
| U.S. District Court for the Northern District of Georgia |
| Eleanor L Ross |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on October 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Clerk's Certificate of Mailing to Charles McCrary as to Charles Gerald McCrary re #7 Order. (mlb) |
Filing 6
ORDER for Service of #5 Final Report and Recommendation by Magistrate Judge John K. Larkins, III. 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 John K. Larkins, III on 10/08/2024. (ajw)
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| Filing 5 FINAL REPORT AND RECOMMENDATION re #3 Amended Petition for Writ of Habeas Corpus recommending that the instant petition be DISMISSED WITHOUT PREJUDICE pursuant to Rule 4 and Younger. The Clerk is DIRECTED to terminate the reference to the undersigned Magistrate Judge. Signed by Magistrate Judge John K. Larkins, III on 10/08/2024. (ajw) |
| Clerk's Certificate of Mailing as to Charles Gerald McCrary re #5 FINAL REPORT AND RECOMMENDATION and #6 Order for Service of Report and Recommendation. (ajw) |
| Submission of #3 Amended Petition for Writ of Habeas Corpus and #4 Affidavit and Authorization for withdrawal from Inmate Account for IFP and frivolity determination to Magistrate Judge John K. Larkins. (ajw) |
| Filing 4 Affidavit and Authorization for withdrawal from Inmate Account by Charles Gerald McCrary. (ajw) |
| Filing 3 AMENDED PETITION for Writ of Habeas Corpus re: #1 Petition for Writ of Habeas Corpus, filed by Charles Gerald McCrary. Related document: #1 Petition for Writ of Habeas Corpus, filed by Charles Gerald McCrary.(ajw) 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. |
| Submission of #2 Order to Magistrate Judge John K. Larkins. (mlb) |
| Forms sent to party: Affidavit and Authorization, Affidavit to Proceed IFP and 28:2241 Forms (ajw) |
|
Filing 2
ORDER: The Clerk is DIRECTED to change Petitioner's name on the docket accordingly. IT IS FURTHER ORDERED that if Petitioner would like to proceed with a 2241 habeas petition, he must, within thirty days of the date of this Order, either submit the full initial filing fee of $5.00, or execute and return a request to proceed IFP on the proper form that the Clerk will send to him, which includes: (1) an authorization allowing his custodian to withdraw funds from his inmate account; and (2) a completed certificate signed by an authorized institutional officer regarding the current balance in his inmate account. IT IS FURTHER ORDERED that, if Petitioner wishes to pursue a 2241 petition in this Court, he must, within thirty days of the date this Order is entered, file an amended petition using the form the Clerk will send him, with the following instructions: clearly caption any amended filing as an amendment to Civil Action No. 1:24-cv-3736-ELR-JKL and adding factual allegations specifying what acts or omissions he claims violated his constitutional rights in connection with his detention. The Clerk is DIRECTED to forward the appropriate 2241 form and financial affidavit to Petitioner together with a copy of this Order. Signed by Magistrate Judge John K. Larkins, III on 08/23/2024. (ajw)
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| Clerk's Certificate of Mailing as to Charles Gerald McCrary re #2 Order. (ajw) |
| Submission of #1 Petition for Writ of Habeas Corpus for IFP and Frivolity review to Magistrate Judge John K. Larkins. (pdt) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Charles Gearld McCrury. (Attachments: #1 Civil Cover Sheet) (pdt) 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: Charles Gerald McCrary | |
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| Respondent: Sheriff Lavon Allen | |
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