Walton v. United States of America
| James Walton |
| United States of America |
| 0:2023cv02795 |
| September 8, 2023 |
| US District Court for the District of Minnesota |
| Douglas L Micko |
| John R Tunheim |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Document Text |
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Filing 7
(Text-Only) ORDER. Before the Court is Petitioner's #6 Motion for Extension of Time re #5 Report and Recommendation which has recommended dismissal of this habeas action without prejudice for a failure to pay the required filing fee or submit an application to proceed in forma pauperis. Petitioner represents to the Court that he sent his fee but that it was lost in the mail, and that he plans to submit both proof of this past submission and another filing fee. He asks the Court for an extension of time in which to pay his fee. Finding good cause supports this request, the Court grants Petitioner's #6 Motion for Extension of Time re #5 Report and Recommendation, and vacates its #5 Report and Recommendation recommending dismissal without prejudice of Petitioner's #1 Petition for Writ of Habeas Corpus. Petitioner shall have 14 days from this Order's date to either pay the required filing fee or submit an application to proceed in forma pauperis. If he fails to do so, the Court will reinstate its recommendation of dismissal. Ordered by Magistrate Judge Douglas L. Micko on 10/23/2023. (JLD)
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| Filing 6 MOTION for Extension of Time re #5 Report and Recommendation filed by James Walton. (Attachments: #1 Envelope)(MMG) |
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Filing 5
VACATED PER ORDER 7 . REPORT AND RECOMMENDATION recommending dismissal without prejudice of Petitioner's #1 Petition for Writ of Habeas Corpus. Signed by Magistrate Judge Douglas L. Micko on 10/11/2023. (JLD) Modified text on 10/23/2023 (ACH).
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| Filing 4 CERTIFICATE OF SERVICE by United States of America re #3 Notice of Appearance (Brown, Trevor) |
| Filing 3 NOTICE of Appearance by Trevor Brown on behalf of United States of America. (Brown, Trevor) |
| Filing 2 LETTER from Clerk's Office to James Walton re: Filing Fee, enclosing (AO 239) Application to Proceed in District Court Without Prepaying Fees or Costs cc: James Walton (kt) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by James Walton. No summons requested. Case assigned to Judge Judge John R. Tunheim per 5th Division Prisoner list, referred to Magistrate Judge Magistrate Judge Douglas L. Micko. (Attachments: #1 Exhibit(s), #2 Order from the Eastern District of North Carolina transferring Petition to the District of Minnesota, #3 Docket Sheet of 2:07-cr-17 BO(1) from the Eastern District of North Carolina, #4 Envelope) (kt) |
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| Petitioner: James Walton | |
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| Respondent: United States of America | |
| Represented By: | Ana H Voss |
| Represented By: | Trevor Brown |
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