Cherry #322891 et al v. Schiebner
Petitioner: David Cherry #322891
Respondent: James Schiebner
Case Number: 1:2022cv00209
Filed: March 8, 2022
Court: US District Court for the Western District of Michigan
Presiding Judge: Sally J Berens
Referring Judge: Hala Y Jarbou
2 Judge: Gordon J Quist
Nature of Suit: Prisoner: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2022 Filing 26 JUDGMENT dismissing case without prejudice; signed by Judge Gordon J. Quist (jkw)
April 28, 2022 Opinion or Order Filing 25 ORDER DISMISSING CASE: for failure to file an amended petition on the approved court form; signed by Judge Gordon J. Quist (jkw)
April 28, 2022 Certified Copy of Judgment Dismissing Case #26 , Order Dismissing Case (no motion) #25 sent via U.S. Mail to David Cherry #322891 (ns)
March 16, 2022 Opinion or Order Filing 24 ADMINISTRATIVE ORDER No. 22-CA-017 that this case is reassigned to Judge Gordon J. Quist for all further proceedings ; signed by Chief Judge Robert J. Jonker (slk)
March 16, 2022 Copy of Administrative Order Reassigning Case #24 sent via U.S. Mail to David Cherry (slk)
March 9, 2022 Certified Copy of Order Transferring Case to CCA (Habeas) #22 , Order on Motion to Disqualify Judge #23 , with amended habeas petition and respective docket sheets of newly severed cases sent via U.S. Mail to Tracy Cecil Hammond #193821, Troy Chapman #169076, James Edward Bane #282910, Derrick Lee Smith #267009, Anthony Roper #327369, Eddie Ryan Lewis #616302, Christopher North #289996, Joseph Ambrose #185357, David Cherry #322891, Edward Rhone #926091, David Moore #224339, Shawn Campbell #228510, Billy Jack Miles #216730 (mg) Modified text on 3/9/2022 (mg).
March 8, 2022 Opinion or Order Filing 23 ORDER denying #21 motion to disqualify judge; signed by Judge Gordon J. Quist (jas)
March 8, 2022 Opinion or Order Filing 22 ORDER TRANSFERRING HABEAS CASE to the Sixth Circuit Court of Appeals as second/successive; signed by Judge Gordon J. Quist (jas)
February 8, 2022 Filing 21 MOTION to disqualify judge by petitioners Joseph Ambrose #185357, Shawn Campbell #228510, David Cherry #322891, Tracy Cecil Hammond #193821, Jr, Eddie Ryan Lewis #616302, David Moore #224339, Christopher North #289996, Edward Rhone #926091, Anthony Roper #327369, Derrick Lee Smith #267009; (mg)
January 6, 2022 Filing 20 LETTER from Derrick Lee Smith #267009 regarding case; response from Clerk mailed 1/7/2022. (Attachments: #1 Response from Clerk) (mg)
January 3, 2022 Filing 19 LETTER from Derrick Lee Smith #267009 regarding case; response from Clerk mailed 1/4/2022. (Attachments: #1 Response from Clerk) (mg)
December 30, 2021 Opinion or Order Filing 18 ADMINISTRATIVE ORDER No. 21-CA-089 that this case is reassigned to Judge Gordon J. Quist for all further proceedings ; signed by Chief Judge Robert J. Jonker (slk)
December 30, 2021 Copy of Administrative Order Reassigning Case #18 sent via U.S. Mail to all petitioners (slk)
December 28, 2021 Filing 17 STATEMENT RE CONSENT by petitioner Billy Jack Miles #216730 requesting the case be assigned to a district judge (mg)
December 28, 2021 Filing 4 NOTICE that this case has been assigned to Judge Janet T. Neff and Magistrate Judge Sally J. Berens for all further proceedings (Attachments: #1 Attachment Notice Lewis, #2 Attachment Notice Ambrose, #3 Attachment Notice Cherry, #4 Attachment Notice Bane, #5 Attachment Notice Rhone, #6 Attachment Notice North, #7 Attachment Notice Moore, #8 Attachment Notice Roper, #9 Attachment Notice Hammond, #10 Attachment Notice Campbell, #11 Attachment Notice Miles, #12 Attachment Notice Chapman) (mg)
December 28, 2021 Copy of Notice Regarding Assignment of Case to DJ (Prisoner Civil Rights/State Habeas),, #4 sent via U.S. Mail to Tracy Cecil Hammond #193821, Troy Chapman #169076, James Edward Bane #282910, Derrick Lee Smith #267009, Anthony Roper #327369, Eddie Ryan Lewis #616302, Christopher North #289996, Joseph Ambrose #185357, David Cherry #322891, Edward Rhone #926091, David Moore #224339, Shawn Campbell #228510, Billy Jack Miles #216730 (mg)
December 27, 2021 Filing 16 STATEMENT RE CONSENT by petitioner Derrick Lee Smith #267009 requesting the case be assigned to a district judge (mg)
December 27, 2021 Filing 15 STATEMENT RE CONSENT by petitioner Joseph Ambrose #185357 requesting the case be assigned to a district judge (mg)
December 27, 2021 Filing 14 STATEMENT RE CONSENT by petitioner James Edward Bane #282910 requesting the case be assigned to a district judge (mg)
December 27, 2021 Filing 13 STATEMENT RE CONSENT by petitioner Shawn Campbell #228510 requesting the case be assigned to a district judge (mg)
December 27, 2021 Filing 12 STATEMENT RE CONSENT by petitioner Tracy Cecil Hammond #193821, Jr requesting the case be assigned to a district judge (mg)
December 27, 2021 Filing 11 STATEMENT RE CONSENT by petitioner Eddie Ryan Lewis #616302 requesting the case be assigned to a district judge (mg)
December 27, 2021 Filing 10 STATEMENT RE CONSENT by petitioner David Moore #224339 requesting the case be assigned to a district judge (mg)
December 27, 2021 Filing 9 STATEMENT RE CONSENT by petitioner Christopher North #289996 requesting the case be assigned to a district judge (mg)
December 27, 2021 Filing 8 STATEMENT RE CONSENT by petitioner Edward Rhone #926091 requesting the case be assigned to a district judge (mg)
December 27, 2021 Filing 7 STATEMENT RE CONSENT by petitioner Anthony Roper #327369 requesting the case be assigned to a district judge (mg)
December 22, 2021 Filing 6 STATEMENT RE CONSENT by petitioner Troy Chapman #169076 requesting the case be assigned to a district judge (mg)
December 22, 2021 Filing 5 STATEMENT RE CONSENT by petitioner David Cherry #322891 requesting the case be assigned to a district judge (mg)
December 1, 2021 Filing 3 NOTICE to petitioner regarding assignment of case and consent; statement regarding consent due 12/22/2021 (Attachments: #1 Attachment Notice Lewis, #2 Attachment Notice Ambrose, #3 Attachment Notice Cherry, #4 Attachment Notice Bane, #5 Attachment Notice Rhone, #6 Attachment Notice North, #7 Attachment Notice Moore, #8 Attachment Notice Roper, #9 Attachment Notice Hammond, #10 Attachment Notice Campbell, #11 Attachment Miles, #12 Attachment Chapman) (mg)
December 1, 2021 Copy of Notice Regarding Assignment of Case and Consent (Prisoner Civil Rights/State Habeas), #3 (corresponding notices) sent via U.S. Mail to Tracy Cecil Hammond #193821, Troy Chapman #169076, James Edward Bane #282910, Derrick Lee Smith #267009, Anthony Roper #327369, Eddie Ryan Lewis #616302, Christopher North #289996, Joseph Ambrose #185357, David Cherry #322891, Edward Rhone #926091, David Moore #224339, Shawn Campbell #228510, Billy Jack Miles #216730 (mg)
November 29, 2021 Filing 2 LETTER from Derrick Lee Smith #267009 regarding case (mg)
November 29, 2021 Filing 1 PETITION for writ of habeas corpus filed by James Edward Bane #282910, Shawn Campbell #228510, Derrick Lee Smith #267009, Billy Jack Miles #216730, Tracy Hamond #193821, Christopher North #289996, Joseph Ambrose #185357, Edward Rhone #926091, David Moore #224339, Anthony Roper #327369, Eddie Ryan Lewis #616302, David Cherry #322891, Troy Chapman #169076 (Attachments: #1 Attachment Signatures of co-petitioners, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (mg)
November 29, 2021 RECEIPT: filing fee in the amount of $ 5.00, receipt number GR075601 (mg)

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Petitioner: David Cherry #322891
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Respondent: James Schiebner
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