Vaughan v. Jordan
| Michael Vaughan |
| Scott Jordan |
| 2:2018cv00203 |
| December 7, 2018 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Danny C Reeves |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 13 FILING FEE Filing fee received - $ 5.00, receipt number 2012132 (TJZ) |
| Filing 12 CERTIFIED MAIL RECEIPT to Attorney General re #11 Order. (TJZ) |
Filing 11
ORDER: 1) Petitioners pro se Motion for Leave to Proceed In Forma Pauperis, [3,6] is DENIED; a) Petitioner is granted 30 days to pay the $5.00 filing fee; b) Petitioner is placed on notice that if he fails to pay the filing fee by theabove deadline the undersigned shall recommend dismissal of the Petitionershabeas petition. 2) Petitioners pro se Motion to Appoint Counsel, #6 is DENIED; 3) A copy of the petition #1 shall be served by certified mail,return receipt requested, upon Respondent, Warden Scott Jordan, and the AttorneyGeneral for the Commonwealth of Kentucky; 4) Respondent shall answer the petition within 60 days from the date of service. The Court requests Respondentto caption the Answer as such and not as a Motion to Dismiss, Motion for SummaryJudgment, or other such motion seeking judgment as a matter of law. Respondent shall raise by way of her Answer any appropriate defenses that she wishes to have the Court consider, including exhaustion of state remedies, statute of limitations, delayed or successive petition, or entitlement to judgment on any other legal ground. 5) The Answer shall also: a) Indicate what transcripts (of pretrial, trial, sentencing, or post-conviction proceedings) are available, when they can be furnished, and what proceedings have been recorded but not transcribed. The Respondent shall attach to the Answer parts of the transcript that the Respondent considers relevant; b) Include a copy of any brief submitted by the Petitioner in an appellate court contesting his conviction, sentence, or an adverse judgment or order in a postconviction proceeding; c) Include a copy of any brief submitted by the prosecution in an appellate court relating to Petitioners conviction or sentence;d. Include a copy of any opinions or dispositive orders of an appellate court relating to Petitioners conviction or sentence; 6) The parties shall serve upon each other a copy of every further pleading or other document submitted for consideration by the court. Any future documents submitted to the Clerk shall include the required certificate of service, indicating that a copy of any such document has been served upon the opposing party or its counsel, if represented by counsel. Any document received by the Clerk which fails to include the required certificate of service may be disregarded by the Court; 7) Petitioner shall keep the Clerk informed of his current mailing address. Failure to notify the Clerk of Court of any address change may result in a dismissal of this case. Signed by Magistrate Judge Edward B. Atkins on 12/10/2018.(TJZ)cc: COR, Michael Vaughan via US Mail, Scott Jordan & Atty General, along w/ Petition via certified mail, return receipt requested.
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| Filing 10 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 sample page)(TJZ) |
| Filing 8 CASE TRANSFERRED IN from District of Kentucky Western. Case number 3:18-cv-00576. Original file, certified copy of transfer order and docket sheet received electronically. cc: Petitioner w/ copy of the docket sheet via US Mail |
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Filing 7
ORDER by Judge Rebecca Grady Jennings on 12/7/2018: This action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Northern Division at Covington, which has concurrent jurisdiction with this Court under 28 U.S.C. 2241(d).1 All further filings shall be filed with that court. cc: Petitioner (pro se) (JM) [Transferred from kywd on 12/7/2018.]
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| Conflict Check run. (CBD) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #6 MOTION to Appoint Counsel, #3 MOTION for Leave to Proceed in forma pauperis (CBD) |
| Filing 6 PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS AND FOR APPOINTMENT OF COUNSEL by Petitioner Michael Vaughan. (DAK) [Transferred from kywd on 12/7/2018.] |
| Filing 5 Letter from Michael Vaughan requesting copy of docket. (Docket report mailed to Mr. Vaughan on 10/11/2018.) (CDF) [Transferred from kywd on 12/7/2018.] |
| Filing 4 Prisoner Trust Fund Account Statement re #3 MOTION for Leave to Proceed in forma pauperis filed by Michael Vaughan. (VS) [Transferred from kywd on 12/7/2018.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Petitioner Michael Vaughan. (VS) [Transferred from kywd on 12/7/2018.] |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. Magistrate Judge designation: Judge Colin H. Lindsay. (VS) [Transferred from kywd on 12/7/2018.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Michael Vaughan. (Attachments: #1 Appendix Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Envelope). (VS) [Transferred from kywd on 12/7/2018.] |
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| Respondent: Scott Jordan | |
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| Petitioner: Michael Vaughan | |
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