Mitchell v. Vannoy et al
| Kenneth W Mitchell |
| Darrel Vannoy |
| Attorney General State of Louisiana |
| 2:2018cv10546 |
| November 5, 2018 |
| US District Court for the Eastern District of Louisiana |
| Martin LC Feldman |
| Joseph C Wilkinson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on December 12, 2018. A more recent docket listing may be available from PACER.
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| Filing 8 Certificate of Appealability Denied by USDC. Signed by Judge Martin L.C. Feldman on 12/12/18.(clc) |
Filing 7
JUDGMENT: ORDERED, ADJUDGED, AND DECREED that there be judgment in favor of respondent, Warden Darrel Vannoy, and against petitioner, Kenneth W. Mitchell, dismissing petitioner's 28 U.S.C. 2254 petition for writ of habeas corpus without prejudice for lack of subject matter jurisdiction. Signed by Judge Martin L.C. Feldman on 12/10/18.(clc)
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Filing 6
ORDER ADOPTING #5 REPORT AND RECOMMENDATIONS. ORDERED that Kenneth W. Mitchell's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Signed by Judge Martin L.C. Feldman on 12/10/18.(clc)
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| Filing 5 REPORT AND RECOMMENDATIONS: For all of the foregoing reasons, IT IS RECOMMENDED that Mitchell's #1 petition for habeas corpus relief pursuant to 28 U.S.C. 2254 be dismissed without prejudice for lack of subject matter jurisdiction. Petitioner is instructed that if he seeks federal habeas corpus relief he must file his petition in either the Middle District of Louisiana in Baton Rouge or the Western District of Louisiana in Shreveport. In the alternative, IT IS RECOMMENDED that, if the district judge determines that transfer is the preferable remedy, the case be transferred to the Western District of Louisiana, where petitioner was convicted. A party's failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge's report and recommendation within fourteen (14) days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court, provided that the party has been served with notice that such consequences will result from a failure to object. Objections to R&R due by 11/28/2018. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 11/14/2018.(mmv) |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 11/9/2018. (caa)
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| Filing 3 NOTICE OF DEFICIENT ProSe COMPLAINT: re #1 Petition for Writ of Habeas Corpus (28:2254). Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 11/28/2018. (jeg) |
| Filing 2 EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Kenneth W Mitchell. Motion(s) referred to Joseph C. Wilkinson, Jr. (jeg) |
| Filing 1 DEFICIENT PETITION for Writ of Habeas Corpus (28:2254) filed by Kenneth W Mitchell. (Attachments: #1 Memorandum in Support, #2 Exhibit A-H, #3 Civil Cover Sheet)(jeg) |
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