Williams v. Allen

Williams v. Allen

Petitioner:	Ronnie Williams
Respondent:	Martin Allen
Case Number:	4:2017cv00036
Filed:	February 27, 2017
Court:	US District Court for the Southern District of Georgia
Office:	Savannah Office
County:	Chatham
Presiding Judge:	G. R. Smith
Presiding Judge:	William T. Moore
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
March 22, 2017	Filing 3 REPORT AND RECOMMENDATIONS denying the 2 MOTION for Leave to Proceed in forma pauperis, and dismissing 1 Petition for Writ of Habeas Corpus filed by Ronnie Williams. As to any future civil actions sought to be commenced in forma pauperis (IFP) by petitioner, the Clerk be DIRECTED' to receive the papers, open a single miscellaneous file for tracking purposes, and forward them to the presiding judge for a determination as to whether petitioner qualifies for IFP status and whether he has stated a habeas claim with any arguable merit. Only if the pleading alleges a plausible claim for relief will the Court allow it to be filed. IFP petitions that fail to pass muster shall be DISMISSED without any further judicial action after THIRTY (30) DAYS from the date the Clerk receives the petition, unless the Court orders otherwise. This automatic dismissal ofinsubstantial claims "will reduce the burden of paper-moving and explanation-writing, conserving a little judicial time for li tigants whodeserve attention."' Thus, although the Court will read and consider any future IFP application and petition that Williams endeavors to file, it will not necessarily enter an order addressing the IFP application orpetition. If no order is forthcoming, then THIRTY (30) DAYS after the petition's receipt the Clerk shall, without awaiting any further direction, notify Williams that his case has been dismissed per the form attached asan appendix to this R&R. Objections to R&R and filing fee due by 4/5/2017. Signed by Magistrate Judge G. R. Smith on 3/22/17. (wwp) Modified on 3/22/2017 (wwp). Modified on 3/22/2017 (wwp).

Date Filed

Document Text

March 22, 2017

Filing 3 REPORT AND RECOMMENDATIONS denying the 2 MOTION for Leave to Proceed in forma pauperis, and dismissing 1 Petition for Writ of Habeas Corpus filed by Ronnie Williams. As to any future civil actions sought to be commenced in forma pauperis (IFP) by petitioner, the Clerk be DIRECTED' to receive the papers, open a single miscellaneous file for tracking purposes, and forward them to the presiding judge for a determination as to whether petitioner qualifies for IFP status and whether he has stated a habeas claim with any arguable merit. Only if the pleading alleges a plausible claim for relief will the Court allow it to be filed. IFP petitions that fail to pass muster shall be DISMISSED without any further judicial action after THIRTY (30) DAYS from the date the Clerk receives the petition, unless the Court orders otherwise. This automatic dismissal ofinsubstantial claims "will reduce the burden of paper-moving and explanation-writing, conserving a little judicial time for li tigants whodeserve attention."' Thus, although the Court will read and consider any future IFP application and petition that Williams endeavors to file, it will not necessarily enter an order addressing the IFP application orpetition. If no order is forthcoming, then THIRTY (30) DAYS after the petition's receipt the Clerk shall, without awaiting any further direction, notify Williams that his case has been dismissed per the form attached asan appendix to this R&R. Objections to R&R and filing fee due by 4/5/2017. Signed by Magistrate Judge G. R. Smith on 3/22/17. (wwp) Modified on 3/22/2017 (wwp). Modified on 3/22/2017 (wwp).

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Petitioner: Ronnie Williams
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Respondent: Martin Allen
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