Garner v. Joyner
Petitioner: Tony James Garner
Respondent: Warden Hector Joyner and Warden of FCI Cumberland
Case Number: 1:2019cv02007
Filed: July 11, 2019
Court: US District Court for the District of Maryland
Presiding Judge: George Levi Russell
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2019 Opinion or Order Filing 28 ORDER granting #27 Motion for Extension of Time to File Response/Reply; the government has until the 9th of October of 2019 to answer the Petitioners Garners motion to vacate; Petitioner may reply to the answer within 30 days after service of the Governments answer. Signed by Judge George Levi Russell, III on 8/22/2019. (jb5, Deputy Clerk)(c/m-08-22-2019- Petitioner and Government)
August 20, 2019 Filing 27 MOTION for Extension of Time to File Response/Reply as to #23 Order, #22 Case Transferred In - District Transfer by Warden of FCI Cumberland. (Attachments: #1 Exhibit Proposed Order re Motion for Extension)(Rigali, Christopher)
July 22, 2019 Filing 26 MOTION to Transfer Case back to Original Jurisdiction by Tony James Garner(ko, Deputy Clerk)
July 22, 2019 Filing 25 Supplement to #1 Petition for Writ of Habeas Corpus filed by Tony James Garner (ko, Deputy Clerk)
July 17, 2019 Filing 24 NOTICE of Appearance by Christopher M Rigali on behalf of Warden of FCI Cumberland (Rigali, Christopher)
July 15, 2019 Opinion or Order Filing 23 ORDER directing Clerk to amend the docket to replace Respondent Warden Hector Joyner with Warden of FCI Cumberland; Respondent Warden of FCI Cumberland shall file an Answer to the Petition for Writ of Habeas Corpus within forty (40 days) of the date of this Order; 30 days is given to Gardner to reply after service of Respondent's Answer. Signed by Judge George Levi Russell, III on 7/15/2019. (jb5, Deputy Clerk)(c/m-07-15-2019)
July 11, 2019 Filing 22 Case transferred in from District of South Carolina; Case Number 0:18-cv-02547. Original file certified copy of transfer order and docket sheet received.
July 9, 2019 Filing 21 ***DOCUMENT MAILED #19 Order Ruling on Report and Recommendation, placed in U.S. Mail from Columbia Clerks Office to Tony James Garner, 08473003, FCI Cumberland, PO Box 1000, Cumberland, MD 21501 (bgoo)
July 8, 2019 Opinion or Order Filing 19 ORDER concluding that the court lacks jurisdiction to entertain the habeas petition, declining to adopt the #10 Report and Recommendation, and transferring the case to the District Court of Maryland for further proceedings. Signed by Honorable Timothy M. Cain on 7/8/2019. (bgoo)
June 10, 2019 Filing 18 SUPPLEMENTAL Authorities and Cases by Tony James Garner to #12 Objection to Report and Recommendation. (Attachments: #1 Envelope) (bgoo)
June 3, 2019 Filing 17 NOTICE of Change of Address by Tony James Garner (Attachments: #1 Envelope) (bgoo)
November 26, 2018 Filing 13 CERTIFIED MAIL RECEIPT re #9 Order - Habeas-Service-No Answer, served on US Attorney General on 11/15/2018. (bgoo)
November 16, 2018 Filing 12 OBJECTION to #10 Report and Recommendation by Tony James Garner. Reply to Objections due by 11/30/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope) (bgoo) Supplement filed on 6/10/2019 at #18 . (bgoo)
November 6, 2018 Filing 11 ***DOCUMENTS MAILED #10 REPORT AND RECOMMENDATION and #9 Order - Habeas-Service-No Answer placed in U.S. Mail to Tony James Garner and #9 Order and copy of Petition sent via certified mail to the U.S. Attorney General (Article No. 7004 1160 0002 3808 6077) (bgoo)
November 6, 2018 Filing 10 REPORT AND RECOMMENDATION recommending that the #1 Petition be dismissed without prejudice and without requiring the respondent to file a return. Objections to R&R due by 11/20/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Paige J. Gossett on 11/6/2018. (bgoo)
November 6, 2018 Opinion or Order Filing 9 ORDER authorizing service of process by clerk, directing respondent not to answer and directing the petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Paige J. Gossett on 11/6/2018. (Attachments: #1 Habeas Petition) (bgoo)
September 27, 2018 Filing 6 Filing fee: $ 5.00, receipt number SCX300078318 (bgoo)
September 26, 2018 Filing 5 ***DOCUMENTS MAILED #4 Proper Form Order and IFP application placed in U.S. Mail to Tony James Garner. (bgoo)
September 25, 2018 Opinion or Order Filing 4 PROPER FORM ORDER (Case to be brought into proper form by 10/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.) Signed by Magistrate Judge Paige J. Gossett on 9/25/2018. (bgoo)
September 17, 2018 Filing 1 PETITION for Writ of Habeas Corpus, filed by Tony James Garner. (Attachments: #1 Memo in Support, #2 Letter, #3 Envelope) (lbak) (Attachment 2 replaced with corrected scan on 9/18/2018) (lbak).

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Respondent: Warden Hector Joyner
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Respondent: Warden of FCI Cumberland
Represented By: Christopher M Rigali
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Petitioner: Tony James Garner
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