McGinn (ID 62252) v. Williams
Petitioner: Carlon D. McGinn
Respondent: Tommy Williams
Case Number: 5:2023cv03095
Filed: April 5, 2023
Court: US District Court for the District of Kansas
Presiding Judge: John W Lungstrum
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 9, 2023 Filing 19 RECORD ON APPEAL retrieved by 10CCA consisting of Volume I - Pleadings re #8 Notice of Appeal - Final Judgment. (Appeal No. 23-3062) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
May 8, 2023 Opinion or Order Filing 18 ORDER ENTERED: Petitioner's motion for leave to proceed in forma pauperis (Doc. #17 ) is granted. Signed by District Judge John W. Lungstrum on 05/08/23. Mailed to pro se party Carlon D. McGinn by regular mail. (smnd)
May 8, 2023 Filing 17 MOTION for Leave to Appeal in forma pauperis by Petitioner Carlon D. McGinn. (Attachments: #1 Application to Proceed in forma pauperis, #2 Inmate Account Statement) (smnd)
May 8, 2023 Opinion or Order Filing 16 ORDER of 10CCA: Movant McGinn's Petition for Permission to File a Second or Successive Habeas Petition under 28 U.S.C. 2254 is denied. (Appeal No. 23-3068) (smnd)
April 27, 2023 Filing 15 LETTER FROM 10CCA stating Petition for Permission to File a Second or Successive Habeas Petition under 28 U.S.C. 2254 has been docketed. (Appeal No. 23-3068) (smnd)
April 25, 2023 Opinion or Order Filing 14 ORDER of 10CCA: The abatement of proceedings in this appeal is lifted. (Appeal No. 23-3062) (smnd)
April 24, 2023 Filing 13 SUPPLEMENTAL PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re #8 Notice of Appeal - Final Judgment. (Appeal No. 23-3062) (Attachments: #1 Supplemental Preliminary Packet) (smnd)
April 24, 2023 Opinion or Order Filing 12 ORDER of 10CCA: In the interest of judicial efficiency, regular proceedings in this appeal are abated. After the district court disposes of the motion to reconsider, we ask the clerk of the district court to supplement the preliminary record promptly in accordance with Tenth Circuit Rule 3.2(B). (Appeal No. 23-3062) (smnd)
April 24, 2023 Opinion or Order Filing 11 MEMORANDUM AND ORDER ENTERED: The motion to alter or amend judgment (Doc. #6 ) and the motion for certificate of appealability (Doc. #7 ) are denied. Signed by District Judge John W. Lungstrum on 04/24/23. Mailed to pro se party Carlon D. McGinn by regular mail. (smnd)
April 24, 2023 Filing 10 APPEAL DOCKETED in 10CCA on April 21, 2023, and assigned Appeal No. 23-3062 re #8 Notice of Appeal - Final Judgment filed by Carlon D. McGinn. (smnd)
April 21, 2023 Filing 9 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re #8 Notice of Appeal - Final Judgment. (Attachments: #1 Preliminary Packet) (smnd)
April 21, 2023 Filing 8 NOTICE OF APPEAL as to #4 Memorandum and Order and #5 Judgment by Petitioner Carlon D. McGinn. (smnd)
April 21, 2023 Filing 7 MOTION for Certificate of Appealability by Petitioner Carlon D. McGinn. (smnd)
April 21, 2023 Filing 6 MOTION to Alter or Amend Judgment regarding #4 Memorandum and Order by Petitioner Carlon D. McGinn. (smnd)
April 21, 2023 APPEAL FEE STATUS: filing fee not paid re: Notice of Appeal - Final Judgment #8 on behalf of Petitioner Carlon D. McGinn. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION.) (smnd)
April 6, 2023 Filing 5 JUDGMENT regarding #4 Memorandum and Order dismissing matter without prejudice. Signed by Deputy Clerk on 04/06/23. Mailed to pro se party Carlon D. McGinn by regular mail. (smnd)
April 6, 2023 Opinion or Order Filing 4 MEMORANDUM AND ORDER ENTERED: This matter is dismissed without prejudice as an unauthorized second or successive petition under 28 U.S.C. 2254, which this Court lacks jurisdiction to consider. No certificate of appealability will issue. As such, Petitioner is no longer required to comply with the Notice and Order of Deficiency. If Petitioner wishes, he may independently apply to the Tenth Circuit for authorization to proceed with this petition. Signed by District Judge John W. Lungstrum on 04/06/23. Mailed to pro se party Carlon D. McGinn by regular mail. (smnd)
April 5, 2023 Filing 3 NOTICE OF DEFICIENCY mailed to pro se party Carlon D. McGinn by regular mail. Response deadline 5/5/2023. (smnd)
April 5, 2023 Filing 2 MEMORANDUM OF LAW IN SUPPORT of #1 Petition for Writ of Habeas Corpus by Petitioner Carlon D. McGinn. (smnd)
April 5, 2023 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS filed by Petitioner Carlon D. McGinn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (smnd)

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Petitioner: Carlon D. McGinn
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Respondent: Tommy Williams
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