MARTIN v. EMMONS
Petitioner: Kendrick R. Martin
Respondent: Shawn Emmons
Case Number: 3:2019cv00091
Filed: August 6, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Timothy C Batten
Referring Judge: Russell G Vineyard
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2019 Filing 15 RESPONSE in Opposition re #11 MOTION for Clerks Entry of Default filed by Shawn Emmons. (Malcolm, Clint)
September 16, 2019 Filing 14 NOTICE Of Filing by Shawn Emmons (Attachments: #1 Exhibit Ex.1 a copy of Petitioners state habeas corpus petition filed in Tattnall County on February 5, 2016., #2 Exhibit Ex.2 a copy of the state habeas courts final order denying relief filed on April 9, 2018., #3 Exhibit Ex.3 a copy of the Georgia Supreme Courts denial of Petitioners application for a certificate of probable cause to appeal entered on February 18, 2019., #4 Exhibit Ex.4 a copy of the Georgia Supreme Courts remittitur entered on March 13, 2019., #5 Exhibit Ex.5 a copy of Petitioners indictments, pleas, and sentences from Coweta County.)(Malcolm, Clint)
September 16, 2019 Filing 13 MOTION to Dismiss petition as untimely with Brief In Support by Shawn Emmons. (Attachments: #1 Brief Brief In support of motion to dismiss petition as untimely)(Malcolm, Clint)
September 16, 2019 Filing 12 ANSWER- RESPONSE to #1 Petition for Writ of Habeas Corpus by Shawn Emmons. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Malcolm, Clint) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 16, 2019 Filing 11 Letter construed as PRO SE MOTION for Clerks Entry of Default by Kendrick R. Martin. (usw)
September 16, 2019 Clerks Entry of Default as to Shawn Emmons (usw)
August 23, 2019 Filing 10 Certified Mail Returned Receipt for Shawn Emmons. Signed for on 8-14-19. (usw)
August 20, 2019 Filing 9 Certified Mail Returned Receipt from Attorney General for the State of Georgia. Date of Delivery was 08/18/2019. (usw)
August 19, 2019 Filing 8 NOTICE of Appearance by Paula K. Smith on behalf of Shawn Emmons (Smith, Paula)
August 19, 2019 Filing 7 NOTICE of Appearance by Clint Christopher Malcolm on behalf of Shawn Emmons (Malcolm, Clint)
August 9, 2019 Opinion or Order Filing 6 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. Signed by Magistrate Judge Russell G. Vineyard on 08/09/2019. (usw)
August 9, 2019 Clerk's Certificate of Mailing as to Shawn Emmons (Certified Mail 7018 1830 0002 0956 1034) and State Attorney General (Certified Mail 7018 1830 0002 0956 1027) re #6 Order Directing Clerk to Perfect Service of HC Petition. (usw)
August 9, 2019 Clerk's Certificate of Mailing as to Kendrick R. Martin re #6 Order Directing Clerk to Perfect Service of HC Petition. (usw)
August 9, 2019 Opinion or Order ORDER GRANTING #2 Application for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Russell G. Vineyard on 08/09/2019. (usw)
August 6, 2019 Filing 5 Case transferred in from District of Georgia Middle; Case Number 7:19-cv-00116. Original file certified copy of transfer order and docket sheet received.
August 6, 2019 Opinion or Order Filing 4 ORDER OF TRANSFER transferring proceedings to the U.S. District Court for the Northern District of Georgia. Ordered by US DISTRICT JUDGE HUGH LAWSON on 8/6/2019. (aks) [Transferred from Georgia Middle on 8/6/2019.]
August 6, 2019 Submission of #2 Motion to proceed in forma pauperis, to Magistrate Judge Russell G. Vineyard. (aar)
August 6, 2019 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 8/20/2019.) (rlw) [Transferred from Georgia Middle on 8/6/2019.]
July 30, 2019 Opinion or Order Filing 3 ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. (sbd) [Transferred from Georgia Middle on 8/6/2019.]
July 30, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by KENDRICK R MARTIN. (Attachments: #1 Trust Account Statement, #2 Envelope) Motion(s) referred to THOMAS Q LANGSTAFF.(sbd) [Transferred from Georgia Middle on 8/6/2019.]
July 30, 2019 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS, filed by KENDRICK R MARTIN. (Attachments: #1 Envelope)(sbd) [Transferred from Georgia Middle on 8/6/2019.]

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Petitioner: Kendrick R. Martin
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Respondent: Shawn Emmons
Represented By: Paula K. Smith
Represented By: Clint Christopher Malcolm
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