Howell v. Freeman
Petitioner: David Kevin Howell
Respondent: Sheriff Ron Freeman
Case Number: 2:2020cv00196
Filed: August 18, 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 September 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2020 Clerk's Certificate of Mailing as to David Kevin Howell re #7 Order on Final Report and Recommendation, #8 Clerk's Judgment. (rsg)
September 17, 2020 Filing 8 CLERK'S JUDGMENT dismissing action. (rsg)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
September 17, 2020 Civil Case Terminated. (rsg)
September 17, 2020 Opinion or Order Filing 7 ORDER approving and adopting the #4 Final Report and Recommendation. Accordingly, it is hereby ORDERED that Plaintiffs case is DISMISSED WITHOUT PREJUDICE for lack of exhaustion. The Court also declines to issue a certificate of appealability pursuant to 28 U.S.C. 2253(c) and such request is DENIED. The Clerk of Court is DIRECTED to close the case. Signed by Judge Richard W. Story on 09/17/2020. (rsg)
September 15, 2020 Submission of #4 FINAL REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by David Kevin Howell, to District Judge Richard W. Story. (rsg)
September 3, 2020 Clerk's Certificate of Mailing as to David Kevin Howell re #6 Order. (dgr)
September 2, 2020 Opinion or Order Filing 6 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)
August 25, 2020 Clerk's Certificate of Mailing as to David Kevin Howell re #5 Order for Service of Report and Recommendation and #4 FINAL REPORT AND RECOMMENDATION. (dgr)
August 24, 2020 Opinion or Order Filing 5 ORDER for Service of #4 Final Report and Recommendation by Magistrate Judge J. Clay Fuller. 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 J. Clay Fuller on 8/24/2020. (dgr)
August 24, 2020 Opinion or Order Filing 4 FINAL REPORT AND RECOMMENDATION RECOMMENDING that the #1 Petition for Writ of Habeas Corpus beDISMISSED WITHOUT PREJUDICE for lack of exhaustion. Under Rule 22(b)(1) of the Federal Rules of Appellate Procedure, a petitioner cannot appeal the final order in a habeas corpus proceeding unless a circuit justice or a circuit or district judge issues a certificate of appealability [COA] under 28 U.S.C. 2253(c). Because reasonable jurists would not debate the procedural determination that the petition is due to be dismissed for lack of exhaustion IT IS FURTHER RECOMMENDED that a COA be DENIED. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). If the District Court adopts this recommendation and denies a certificate of appealability, Petitioner is advised that he may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22. 28 U.S.C. foll. 2254, Rule 11(a). The Clerk of Court is DIRECTED to terminate the referral to the undersigned United States Magistrate Judge. Signed by Magistrate Judge J. Clay Fuller on 8/24/2020. (dgr)
August 21, 2020 Submission of #1 Petition for Writ of Habeas Corpus to Magistrate Judge J. Clay Fuller for frivolity determination. (bnp)
August 21, 2020 Case transferred in from Atlanta Division. Case Number 1:20-cv-3435. Case assigned to Judge Richard W. Story and Magistrate Judge J. Clay Fuller. (bnp)
August 21, 2020 Case no longer referred to Magistrate Judge Linda T. Walker. (bnp)
August 21, 2020 Clerk's Certificate of Mailing as to David Kevin Howell re #3 Order. (bnp)
August 21, 2020 Opinion or Order Filing 3 ORDER: The Court TRANSFERS this action to the Gainesville Division for further proceedings. The Clerk is DIRECTED to terminate the referral to the Magistrate Judge. Signed by Magistrate Judge Linda T. Walker on 8/21/2020. (bnp)
August 19, 2020 Submission of #1 Petition for Writ of Habeas Corpus for Frivolity, to Magistrate Judge Linda T. Walker. (eop)
August 19, 2020 Clerk's Certificate of Mailing as to David Kevin Howell re #2 Order. (eop)
August 19, 2020 Opinion or Order Filing 2 SIXTH 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 8/3/20. (eop)
August 18, 2020 Filing 1 PETITION for Writ of Habeas Corpus filed by David Kevin Howell. ( Filing fee $ 5.00 receipt number GAN100123522.) (Attachments: #1 Civil Cover Sheet)(eop) 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: Sheriff Ron Freeman
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Petitioner: David Kevin Howell
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