Kadik v. Perry County et al
| Scott Martin Kadik and Scott Kadik |
| Department of Corrections, Todd County Detention Center and Perry County |
| 6:2018cv00306 |
| December 3, 2018 |
| US District Court for the Eastern District of Kentucky |
| Matthew A Stinnett |
| Henry R Wilhoit |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on April 4, 2019. A more recent docket listing may be available from PACER.
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| Filing 21 MOTION for Extension of Time to Extend Time for Argument or Objection for Certificate of Appealability by Scott Kadik, pro se. Motions referred to Matthew A. Stinnett. (Attachments: #1 mailing envelope, front and back, postmarked 01/28/2019)(KJA) Modified motion text on 1/30/2019 (KJA). |
| ***MOTION SUBMITTED TO CHAMBERS of Henry R. Wilhoit, Jr for review: re #21 MOTION for Extension of Time to Extend Time for Argument or Objection for Certificate of Appealability by Scott Kadik, pro se. (KJA) |
Filing 20
ORDER (Corrected): 1) that the Magistrate Judge's report and recommendation is hereby approved and adopted as and for the opinion of the Court, 2) that in conformity the petition is DISMISSED and is STRICKEN from the docket; 3) the Court declines to grant a Certificate of Appealibility; and 4) that this is a final and appealable order. re #19 . Signed by Judge Henry R. Wilhoit, Jr on 01/23/2019.(KJA)cc: COR, mailed paper copy to pro se filer
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Filing 19
ORDER -re- #1 Petition for Writ of Habeas Corpus filed by Scott Martin Kadik ; #15 Motion to Dismiss; #18 Report and Recommendations: 1) that the Magistrate Judge's report and recommendation is hereby approved and adopted as and for the opinion of the Court, 2) that in conformity the petition is DISMISSED and is STRICKEN from the docket; 3) the Court declines to grant a Certificate of Appealibility; and 4) that this is a final and appealable order. Signed by Judge Henry R. Wilhoit, Jr on 1/22/19.(SYD)cc: mailed to pro se filer
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| Filing 18 REPORT AND RECOMMENDATIONS: For the reasons stated herein, the Court RECOMMENDS that the District Court DISMISS the time-barred Petition [DE #1 ] WITH PREJUDICE and DENY a certificate of appealability. The Court further recommends the District Court GRANT the Motion to Dismiss Todd County Detention Center [DE #15 ], if the same is not mooted by dismissal of the Petition. Within fourteen days after being served with a copy of this decision, the parties may serve and file objections to the findings and recommendations herein for de novo determination by the District Court. Signed by Magistrate Judge Matthew A. Stinnett on 12/26/2018.(KJA)cc: COR, mailed paper copy to pro se filer |
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Filing 17
ORDER: (1) the Motion for Leave to Proceed In Forma Pauperis [DE 3] is GRANTED; (2) the Motion for Court Records [DE 6] is DENIED; (3) the Motion to Appoint Counsel or Transfer Facilities [DE 7] is DENIED; and (4) the Motion to Change Address [DE 14] is GRANTED. Signed by Magistrate Judge Matthew A. Stinnett on 12/17/18. (SYD)cc: mailed to pro se filer
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| Filing 16 Mail Returned as undeliverable. Mail sent to Scott Martin Kadik re #8 Order transferring case. NOTE: DE #8 Order transferring case and DE #13 Order #13 forwarded to pro se party Scott Kadik @ CHRISTIAN COUNTY JAIL410 W. Seventh Street, Inmate Mail/Parcels, HOPKINSVILLE, KY 42240 pursuant to #13 Order. (RBB) |
| Filing 15 MOTION to Dismiss defendant Todd County Detention Center by Scott Kadik, pro se. Motions referred to Matthew A. Stinnett. (RBB) |
| Filing 14 MOTION for Order to Change address by Scott Kadik, pro se. Motions referred to Matthew A. Stinnett. (RBB) |
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Filing 13
ORDER: By Order entered December 3, 2018, the Court transferred this action to the United States District Court for the Eastern District of Kentucky for all further proceedings and directed that all further filings be filed with that court (DN #8 ). Thereafter, several documents (DNs 9-11) were filed in the instant action, including the returned December 3, 2018, Order sent to Plaintiff; a notice of change of address filed by Plaintiff; and a motion for release filed by Plaintiff. This matter having been transferred, the Clerk of Court is DIRECTED to transfer Docket Numbers 9-11, as well as any future documents filed in this Court, to the Eastern District of Kentucky, Civil Action No. 6:18-CV-306-HRW-MAS. Further, Plaintiff not having received a copy of this Court's December 3, 2018, transfer Order, the Clerk of Court is DIRECTED to send Plaintiff a copy of that Order (DN 8). Signed by Greg N. Stivers on 12/13/2018.(RBB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Matthew A. Stinnett for review: re #14 MOTION for Order by Scott Kadik, #15 MOTION to Dismiss by Scott Kadik (RBB) |
| Filing 12 Mail Returned as Undeliverable. Mail sent to Scott Martin Kadik re #11 Pro Se Information Packet. (KJA) |
| Filing 11 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 Caption Page)(KJA) |
| Filing 9 CASE TRANSFERRED IN from District of Kentucky Western. Case number 1:18-cv-00159. Original file, certified copy of transfer order and docket sheet received electronically. cc: Pro se filer |
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Filing 8
ORDER by Chief Judge Greg N. Stivers on 12/3/2018. A review of the petition indicates that the judgment of conviction under attack arose in Perry County, Kentucky. In light of the fact that Petitioner is attacking a conviction from the Perry Circuit Court, which lies in the United States District Court for the Eastern District of Kentucky, where the witnesses and records are likely to be located, the Eastern District of Kentucky is the more appropriate forum. IT IS HEREBY ORDERED that pursuant to 28 U.S.C. 1404(a) and LR 3.2(f), this action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Southern Division, at London, which has concurrent jurisdiction with this Court under 28 U.S.C. 2241(d). All further filings shall be filed with that court. cc: Petitioner, pro se; USDC, ED/KY (London) (CDF) [Transferred from kywd on 12/3/2018.]
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| ***MOTION SUBMITTED TO CHAMBERS of Matthew A. Stinnett for review: re #6 MOTION for Court Records, #7 MOTION to Appoint Counsel MOTION to Have the Department of Corrections Transfer, #3 MOTION for Leave to Proceed in forma pauperis (MRS) |
| Conflict Check run. (MRS) |
| Filing 7 MOTION to Appoint Counsel or MOTION to Have the Department of Corrections Transfer to a facility in which he has access to law books, by Petitioner Scott Martin Kadik. (CDF) [Transferred from kywd on 12/3/2018.] |
| Filing 6 MOTION for Court Records by Petitioner Scott Martin Kadik (CDF) [Transferred from kywd on 12/3/2018.] |
| Filing 5 Letter from Scott Martin Kadik requesting forms and status of case. (Copy of docket report, 1983 Prisoner Packet, Motion Form, and Motion Filing Instructions mailed to Mr. Kadik on 11/20/2018.) (CDF) [Transferred from kywd on 12/3/2018.] |
| Filing 4 Prisoner Trust Fund Account Statement re #3 MOTION for Leave to Proceed in forma pauperis filed by Scott Martin Kadik (CDF) [Transferred from kywd on 12/3/2018.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Petitioner Scott Martin Kadik (CDF) [Transferred from kywd on 12/3/2018.] |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Greg N. Stivers. (CDF) [Transferred from kywd on 12/3/2018.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Scott Martin Kadik. (CDF) [Transferred from kywd on 12/3/2018.] |
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