Parker v. Sprayberry
| Robert Parker |
| Kevin Sprayberry |
| 3:2019cv00051 |
| May 15, 2019 |
| US District Court for the Northern District of Georgia |
| Timothy C Batten |
| Russell G Vineyard |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 8 NOTICE Of Filing by Kevin Sprayberry (Attachments: #1 Exhibit Ex 1 a copy of Petitioners state habeas corpus petition., #2 Exhibit Ex 2 a copy of Petitioners brief in support of his petition., #3 Exhibit Ex 3 a copy of volume 1 of the evidentiary hearing in Petitioners habeas corpus case (which includes records from the criminal trial and appeal)., #4 Exhibit Ex 4 a copy of volume 2 of the evidentiary hearing in Petitioners habeas corpus case (which includes records from the criminal trial and appeal)., #5 Exhibit Ex 5 a copy of the final order denying relief in Petitioners state habeas case., #6 Exhibit Ex 6 a copy of Petitioners application for a certificate of probable cause to appeal the habeas courts decision., #7 Exhibit Ex 7 a copy of the Georgia Supreme Courts order denying Petitioners application for a certificate of probable cause to appeal.)(Headrick, Ashleigh) |
| Filing 7 ANSWER- RESPONSE to #1 Petition for Writ of Habeas Corpus, by Kevin Sprayberry. (Attachments: #1 Brief in support of answer-response)(Headrick, Ashleigh) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 6 NOTICE of Appearance by Ashleigh Dene Headrick on behalf of Kevin Sprayberry (Headrick, Ashleigh) |
| Filing 5 Certified Mail Returned Receipt from Warden Sprayberry, Hays State Prison (#7018 1830 0002 0956 1300). Signed for by Jami Strickland on 06/04/2019. (usw) |
| Filing 4 Certified Mail Returned Receipt from Attorney General, State of Georgia (#7018 1830 0002 0956 1294). Signed for by Dee Kelly on 06/03/2019. (usw) |
Filing 3
ORDER TO SHOW CAUSE. The Clerk SHALL transmit a copy of the petition and this Order by certified mail to respondent and the Attorney General of the State of Georgia. Respondent shall SHOW CAUSE within THIRTY (30) DAYS of the receipt of this Order why the 2254 petition should not be granted, and SHALL transmit to this Court all available pleadings, transcripts, and decisions needed to determine the issues raised. As part of his response, respondent should address whether the instant petition is time barred under 28 U.S.C. 2244(d). Please see Order for further specifics and directives. Signed by Magistrate Judge Russell G. Vineyard on 05/30/2019. (usw)
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| Clerk's Certificate of Mailing as to Warden Kevin Sprayberry (Certified Mail # 7018 1830 0002 0956 1300) and Atty General for the State of Georgia (Certified Mail # 7018 1830 0002 0956 1294) re #1 Petition for Writ of Habeas Corpus and #3 Order to Show Cause. (usw) |
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Filing 2
ORDER: Petitioner, Robert Parker, represented by counsel, submitted a Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody. (Pet. #1 .) Petitioner indicates that he was convicted in Coweta County. (Id. at 2.) The policy of the federal district courts in Georgia is that 2254 petitions be adjudicated in the judicial district and division in which the state judgment being challenged was entered. Coweta County is located within the jurisdiction of this Courts Newnan Division. 28 U.S.C. 90(a)(4). Accordingly, the Court TRANSFERS this action to the Newnan Division for further proceedings. The Clerk is DIRECTED to terminate the referral to the undersigned. Signed by Magistrate Judge Walter E. Johnson on 5/23/19. (jta)
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| Case transferred in from Rome Division. Case Number 4:19-cv-97. Case assigned to Judge Timothy C. Batten, Sr. and Magistrate Judge Russell G. Vineyard. (jta) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number AGANDC- 8664331.) filed by Robert Parker. (Attachments: #1 Exhibit A-COA Opinion, #2 Exhibit B-Order Denying, #3 Exhibit C-CPC Denial)(jta) 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: Robert Parker | |
| Represented By: | Joseph Scott Key |
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| Respondent: Kevin Sprayberry | |
| Represented By: | Ashleigh Dene Headrick |
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