Smith v. Adams
Petitioner: Rufaro Christopher Smith
Respondent: Brian Adams
Case Number: 2:2020cv00190
Filed: August 19, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: J Clay Fuller
Referring Judge: Richard W Story
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2020 Clerk's Certificate of Mailing as to Rufaro Christopher Smith re #15 Order. (dgr)
September 29, 2020 Opinion or Order Filing 15 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (dgs) (ADI)
September 24, 2020 Filing 14 NOTICE Of Filing Exhibits from Petitioner's Prior State Cases by Rufaro Christopher Smith re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(rsg)
September 24, 2020 Filing 13 Brief and Support of #1 Petition for Writ of Habeas Corpus, filed by Rufaro Christopher Smith. (rsg)
September 18, 2020 Submission of #1 Petition for Writ of Habeas Corpus,, to Magistrate Judge J. Clay Fuller. (rsg)
September 17, 2020 Filing 12 NOTICE Of Filing by Brian Adams re #11 Notice of Filing,,,, (Attachments: #1 Exhibit Exhibit 8(a) a copy of volume 1 (of 2) of the transcript from Petitioners March 8, 2017, state habeas corpus evidentiary hearing., #2 Exhibit Exhibit 8(b) a copy of volume 2 (of 2) of the transcript from Petitioners March 8, 2017, state habeas corpus evidentiary hearing.)(Hill, Meghan)
September 17, 2020 Filing 11 NOTICE Of Filing by Brian Adams (Attachments: #1 Exhibit Exhibit 1 a copy of the decision in Petitioners direct appeal, affirming Petitioners convictions and sentences on direct appeal, Smith v. State, No. A16A0833 (Ga. App. Jun. 8, 2016) (unpublished)., #2 Exhibit Exhibit 2 a copy of Petitioners state habeas corpus petition filed in Hancock County on September 14, 2016., #3 Exhibit Exhibit 3 a copy of the state habeas courts final order denying relief, filed on August 2, 2019., #4 Exhibit Exhibit 4 a copy of the Georgia Supreme Courts order denying Petitioners application for a certificate of probable cause to appeal on March 26, 2020., #5 Exhibit Exhibit 5 a copy of Petitioners extraordinary motion for new trial, filed on August 8, 2019., #6 Exhibit Exhibit 6 a copy of the trial courts order denying Petitioners extraordinary motion for new trial, filed on October 9, 2019., #7 Exhibit Exhibit 7 a copy of the Georgia Court of Appeals order, dismissing Petitioners appeal from the denial of his extraordinary motion for new trial on procedural grounds. Smith v. State, No. A20A0861 (Ga. App. Jan. 13, 2020) (unpublished).)(Hill, Meghan)
September 17, 2020 Filing 10 ANSWER- RESPONSE to #1 Petition for Writ of Habeas Corpus, by Brian Adams. (Attachments: #1 Brief BRIEF IN SUPPORT OF ANSWER-RESPONSE)(Hill, Meghan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 3, 2020 Clerk's Certificate of Mailing as to Rufaro Christopher Smith re #9 Order. (dgr)
September 2, 2020 Opinion or Order Filing 9 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (dgs) (ADI)
September 1, 2020 Filing 6 NOTICE of Appearance by Meghan Hobbs Hill on behalf of Brian Adams (Hill, Meghan)
September 1, 2020 Filing 5 NOTICE of Appearance by Paula K. Smith on behalf of Brian Adams (Smith, Paula)
August 31, 2020 Filing 8 Certified Mail Returned Receipt as to Warden re Clerks Certificate of Mailing. (rsg)
August 31, 2020 Filing 7 Certified Mail Returned Receipt as to Attorney General re Clerks Certificate of Mailing. (rsg)
August 24, 2020 Clerk's Certificate of Mailing as to Brian Adams, Attorney General of the State of Georgia re #1 Petition for Writ of Habeas Corpus, #4 Order ruling on IFP. Certified Mail Receipt Number for Mailing to Brian Adams: 7008 2810 0001 8475 7060. Certified Mail Receipt Number for Mailing to Attorney General of the State of Georgia: 7008 2810 0001 8475 7077. Clerk's Certificate of Mailing as to Rufaro Christopher Smith #4 Order Ruling on IFP. (dgr)
August 24, 2020 Opinion or Order 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. Ordered within the #4 Order. Signed by Magistrate Judge J. Clay Fuller on 8/21/2020. (dgr)
August 21, 2020 Opinion or Order Filing 4 ORDER: The Court finds that Petitioner currently has insufficient funds in his prisoner account to pay a filing fee. Consequently, Petitioners request to proceed IFP #2 is GRANTED. The Clerk of Court is DIRECTED to transmit a copy of the petition and this Order by certified mail to Respondent and the Attorney General of the State of Georgia. Respondent is ORDERED to show cause within thirty (30) days of the receipt of this Order why the writ should not be granted. As part of the response, Respondent should state whether any claim in the petition is barred by a failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of limitations. 28 U.S.C. foll. 2254, Rule 5. In connection therewith, Respondent shall transmit to this Court such pleadings, transcripts, and decisions as are available and required to determine the issues raised. The Court INSTRUCTS Respondent to serve Petitioner with copies of the exhibits. The Clerk of Court is DIRECTED TO RESUBMIT this action to the undersigned Magistrate Judge within twenty days of Respondent filing a response or, if Respondent fails to file a response, at the expiration of his time for doing so. Signed by Magistrate Judge J. Clay Fuller on 8/21/2020. (dgr)
August 20, 2020 Submission of #2 Affidavit and Authorization for withdrawal from Inmate Account and #1 Petition for Writ of Habeas Corpus to Magistrate Judge J. Clay Fuller. (dgr)
August 20, 2020 Clerk's Certificate of Mailing as to Rufaro Christopher Smith re #3 Order. (dgr)
August 20, 2020 Opinion or Order Filing 3 GENERAL ORDER SIXTH AMENDMENT IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 8/3/2020. (dgr)
August 19, 2020 Filing 2 Affidavit and Authorization for withdrawal from Inmate Account by Rufaro Christopher Smith. (dgr)
August 19, 2020 Filing 1 PETITION for Writ of Habeas Corpus filed by Rufaro Christopher Smith.(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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Respondent: Brian Adams
Represented By: Meghan Hobbs Hill
Represented By: Paula K. Smith
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Petitioner: Rufaro Christopher Smith
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