KIRKLAND v. LAUGHLIN
Petitioner: George Walter Kirkland
Respondent: Tracy Jefferson and Warden Vance Laughlin
Case Number: 6:2020cv00092
Filed: September 29, 2020
Court: US District Court for the Southern District of Georgia
Office: Statesboro Office
Presiding Judge: Brian K Epps
Referring Judge: J Randal Hall
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2020 Filing 27 NOTICE of Transfer. (pts)
September 29, 2020 Filing 26 Case transfer in from District of Georgia Middle; Case Number 5:20-cv-00078. Case transferred electronically
September 29, 2020 Opinion or Order Filing 25 ORDER ADOPTING #18 Report and Recommendations; ORDER OF TRANSFER transferring proceedings to the U.S. District Court for the Southern District of Georgia. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 9/29/2020. (kat)
September 29, 2020 Case Electronically Transferred Out - District Transfer to Southern 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 10/13/2020.) (ggs)
September 25, 2020 Filing 24 This is a text only entry; no document issued. ORDER denying #23 Motion for Extension of Time to File Objection and for Clarification. The motion for extension is untimely, and Petitioner's #22 Objection has been docketed. Further, Petitioner provides insufficient grounds for an extension. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 9-25-20. (jdl)
September 22, 2020 Filing 23 MOTION for Extension of Time to File OBJECTION as to #18 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by GEORGE WALTER KIRKLAND, MOTION for Clarification re #18 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by GEORGE WALTER KIRKLAND Filed by GEORGE WALTER KIRKLAND. (Attachments: #1 Envelope). Motion(s) referred to STEPHEN HYLES.(ggs)
September 11, 2020 Filing 22 OBJECTION/LETTER re #18 Report and Recommendations filed by GEORGE WALTER KIRKLAND (Attachments: #1 Envelope)(ggs) Modified on 9/22/2020 to change document to a letter. (ggs). Modified on 9/25/2020 (ggs).
September 11, 2020 Filing 21 MOTION to Change Venue Back to the MDGA Filed by GEORGE WALTER KIRKLAND. (Attachments: #1 Envelope). Motion(s) referred to STEPHEN HYLES.(ggs)
September 11, 2020 Notice of Deficiency (related document(s): #21 Motion to Change Venue filed by GEORGE WALTER KIRKLAND ); Case Administrator Deficiency: Filed using incorrect event. Motion terminated and document refiled at Tab 22 as an Objection to the R&R.(ggs)
September 10, 2020 Notice of Deficiency (related document(s): #20 Reply to Response to Motion filed by TRACY JEFFERSON ); Wrong event used, the correct event is "RESPONSE TO MOTION" - No need to refile, docket entry corrected by case manager.(ggs)
September 9, 2020 Filing 20 RESPONSE filed by TRACY JEFFERSON re #19 MOTION to Amend/Correct #1 Petition for Writ of Habeas Corpus (CROWDER, MATTHEW) Modified on 9/10/2020 to edit docket text. (ggs).
September 2, 2020 Filing 19 MOTION to Amend #1 Petition for Writ of Habeas Corpus Filed by GEORGE WALTER KIRKLAND. (Attachments: #1 Envelope). Motion(s) referred to STEPHEN HYLES.(ggs)
August 24, 2020 Opinion or Order Filing 18 ORDER withdrawing #14 REPORT AND RECOMMENDATION. REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by GEORGE WALTER KIRKLAND. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 8-24-20. (jdl)
August 13, 2020 Filing 17 RESPONSE to Court Order filed by TRACY JEFFERSON re #16 Order for Response, (CROWDER, MATTHEW)
August 3, 2020 Opinion or Order Filing 16 ORDER for Response. It is ORDERED that the parties submit briefs on or before August 17, 2020 addressing the Court's jurisdiction in this action. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 8/3/2020. (kat)
July 13, 2020 Filing 15 OBJECTION to #14 Report and Recommendations filed by GEORGE WALTER KIRKLAND. NOTE: Document titled "Notice of Appeal" is construed as an objection to the R&R at the direction of Clerk D. Bunt. (Attachments: #1 Envelope)(ggs)
June 23, 2020 Filing 14 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by GEORGE WALTER KIRKLAND. It is recommended that Petitioners application for a writ of habeas corpus under 28 U.S.C. 2254 (ECF No. 1) be denied and a certificate of appealability not be issued. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 6-23-20. (jdl) Modified on 6/23/2020 to add additional docket text. (ggs). NOTE: R&R WITHDRAWN PURSUANT TO #18 REPORT & RECOMMENDATION. Modified on 8/24/2020 (ggs).
June 16, 2020 Filing 13 BRIEF in Support filed by GEORGE WALTER KIRKLAND re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Envelope)(ggs)
June 16, 2020 REMARK: Stamped, filed copy of brief returned to GEORGE KIRKLAND. (ggs)
May 27, 2020 Filing 12 SEALED DOCUMENT (ggs).
May 27, 2020 Filing 11 NOTICE of filing by TRACY JEFFERSON (Attachments: #1 Exhibit Ex 1 a copy of Petitioners state habeas corpus petition filed on September 8, 2014., #2 Exhibit Ex 2 a copy of Petitioners first motion to amend petition filed on December 1, 2015., #3 Exhibit Ex 3 a copy of Petitioners second motion to amend petition filed on February 13, 2017., #4 Exhibit Ex 4 a copy of Petitioners third motion to amend petition filed on May 17, 2018., #5 Exhibit Ex 5 a copy of the state habeas courts final order denying relief on April 11, 2019., #6 Exhibit Ex 6 a copy of Petitioners application for a certificate of probable cause to appeal filed on May 6, 2019., #7 Exhibit Ex 7 a copy of the Georgia Supreme Courts order denying Petitioners application for a certificate of probable cause on December 23, 2019., #8 Exhibit Ex 8 a copy of the remittitur issued by the Georgia Supreme Court on January 9, 2020., #9 Exhibit Ex 9a a copy of volume one of two of the transcript from Petitioners May 17, 2018, state habeas corpus evidentiary hearing., #10 Exhibit Ex 9b a copy of volume two of two of the transcript from Petitioners May 17, 2018, state habeas corpus evidentiary hearing., #11 Exhibit Ex 10 a copy of the transcript from Petitioners September 5, 2018, state habeas corpus evidentiary hearing.)(CROWDER, MATTHEW)
May 18, 2020 Filing 10 This is a text only entry; no document issued. ORDER granting #6 Motion to Substitute. Tracy Jefferson is substituted as Respondent in place of Vince Laughlin. The Clerk is directed to amend the case caption accordingly. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 5-18-20. (jdl)
May 18, 2020 Filing 9 This is a text only entry; no document issued. ORDER granting #8 Motion to Seal Document. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 5-18-20. (jdl)
May 18, 2020 Filing 8 MOTION to Seal Document(s) by VANCE LAUGHLIN filed by MATTHEW BLACKWELL CROWDER.. Motion(s) referred to STEPHEN HYLES.(CROWDER, MATTHEW)
May 18, 2020 Filing 7 ANSWER to Complaint by VANCE LAUGHLIN. (Attachments: #1 Memorandum in Support Brief in support of answer-response)(CROWDER, MATTHEW)
May 18, 2020 Filing 6 MOTION OF WARDEN TRACY JEFFERSON TO BE SUBSTITUTED AS THE PARTY RESPONDENT by VANCE LAUGHLIN filed by MATTHEW BLACKWELL CROWDER. (Attachments: #1 Memorandum in Support BRIEF IN SUPPORT OF MOTION OF WARDEN TRACY JEFFERSON TO BE SUBSTITUTED AS THE PARTY RESPONDENT). Motion(s) referred to STEPHEN HYLES.(CROWDER, MATTHEW) Modified on 5/18/2020 to edit docket text. (ggs).
April 9, 2020 Filing 5 NOTICE of Change of Address to Central State Prison. (Attachments: #1 Envelope)(ggs)
March 18, 2020 Opinion or Order Filing 4 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. ORDER for Respondent to File Responsive Pleading re: #1 Petition for Writ of Habeas Corpus filed by GEORGE WALTER KIRKLAND. ORDER to Amend Complaint. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 3-18-20. (jdl)
February 27, 2020 Opinion or Order Filing 3 ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. (vs)
February 27, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis Filed by GEORGE WALTER KIRKLAND.. Motion(s) referred to STEPHEN HYLES.(vs)
February 27, 2020 Filing 1 PETITION FOR WRIT OF HABEAS CORPUSagainst VANCE LAUGHLIN filed by GEORGE WALTER KIRKLAND (Attachments: #1 Envelope)(vs)

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Petitioner: George Walter Kirkland
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Respondent: Tracy Jefferson
Represented By: Matthew B. Crowder
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Respondent: Warden Vance Laughlin
Represented By: Matthew B. Crowder
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