Clark v. Commissioner of the Mississippi Department of Corrections et al
Petitioner: Joshua Eric Hawk Clark
Respondent: Commissioner of the Mississippi Department of Corrections and Attorney General of the State of Mississippi
Case Number: 3:2022cv00076
Filed: May 5, 2022
Court: US District Court for the Northern District of Mississippi
Presiding Judge: Michael P Mills
Referring Judge: Roy Percy
Nature of Suit: 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 February 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2022 Opinion or Order Filing 17 REPLY to Response to Motion re #9 MOTION to Dismiss For Failure To Exhaust filed by Attorney General of the State of Mississippi, Commissioner of the Mississippi Department of Corrections. (Owens, Jerrolyn)
June 10, 2022 Opinion or Order Filing 16 MEMORANDUM IN OPPOSITION re #9 MOTION to Dismiss For Failure To Exhaust . (Waide, Jim)
June 10, 2022 Opinion or Order Filing 15 RESPONSE in Opposition re #9 MOTION to Dismiss For Failure To Exhaust filed by Joshua Eric Hawk Clark. (Attachments: #1 Exhibit A: Motion for Post-Conviction Relief in Ms. S.Ct. No. 2022-M-00442, #2 Exhibit B: Indictment, #3 Exhibit C: Order Dismissing Count II in State v. Clark, Itawamba County Circuit Court No. CR08-031, #4 Exhibit D: Petition for Writ of Certiorari to U.S. Supreme Court, #5 Exhibit E: Motion for Rehearing in Ms. S.Ct. No. 2017-KA-00411, #6 Exhibit F: Appellant's Brief in Ms. S.Ct. No. 2017-KA-00411, #7 Exhibit G: Appellant's Reply Brief in Ms. S.Ct. No. 2017-KA-00411) (Waide, Jim)
June 10, 2022 Opinion or Order Filing 14 REPLY to Response to Motion re #7 MOTION to Stay filed by Joshua Eric Hawk Clark. (Waide, Jim)
June 9, 2022 Opinion or Order CLERK'S NOTICE OF CORRECTION re #12 MOTION for Extension of Time to File Response/Reply as to #8 Response in Opposition to Motion re #7 MOTION to Stay; All related filings to motion must be linked back to the original motion instead of a responsive pleading. Court staff has made the correction. (jla)
June 7, 2022 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to File Response/Reply re #12 MOTION for Extension of Time to File Response/Reply as to #8 Response in Opposition to Motion, Responses due by 6/14/2022. Signed by Magistrate Judge Roy Percy on 6/7/22. (bnd)
June 3, 2022 Opinion or Order Filing 12 MOTION for Extension of Time to File Response/Reply as to #8 Response in Opposition to Motion re #7 MOTION to Stay by Joshua Eric Hawk Clark. (Waide, Jim) Modified on 6/9/2022 (jla).
June 1, 2022 Opinion or Order Filing 11 *RESTRICTED* State Court Record - Habeas by Respondents Attorney General of the State of Mississippi, Commissioner of the Mississippi Department of Corrections. (Attachments: #1 State Court Record (SCR), Cause No. 2017-KA-00411, Case Folder, #2 SCR, Cause No. 2017-KA-00411, Certiorari Folder, #3 SCR, Cause No. 2017-KA-00411, Initial Briefs of the Parties, #4 SCR, Cause No. 2017-KA-00411, Briefs on Rehearing in COA, #5 SCR, Cause No. 2017-KA-00411, Certiorari Pleadings and Briefs, #6 SCR, Cause No. 2017-KA-00411, Amicus Briefs, #7 SCR, Cause No. 2017-KA-00411, Briefs filed in Rehearing to SCT) (Owens, Jerrolyn)
June 1, 2022 Opinion or Order Filing 10 *RESTRICTED* State Court Record - Habeas by Respondents Attorney General of the State of Mississippi, Commissioner of the Mississippi Department of Corrections. (Attachments: #1 State Court Record (SCR), Cause No. 2017-KA-00411, Vol. 1, #2 SCR, Cause No. 2017-KA-00411, Vol. 2, #3 SCR, Cause No. 2017-KA-00411, Vol. 3, #4 SCR, Cause No. 2017-KA-00411, Vol. 4, #5 SCR, Cause No. 2017-KA-00411, Vol. 5, #6 SCR, Cause No. 2017-KA-00411, Vol. 6, #7 SCR, Cause No. 2017-KA-00411, Vol. 7, #8 SCR, Cause No. 2017-KA-00411, Vol. 8, #9 SCR, Cause No. 2017-KA-00411, Vol. 9, #10 SCR, Cause No. 2017-KA-00411, Vol.10, #11 SCR, Cause No. 2017-KA-00411, Vol. 11, #12 SCR, Cause No. 2017-KA-00411, Vol. 12, #13 SCR, Cause No. 2017-KA-00411, Vol. 13, #14 SCR, Cause No. 2017-KA-00411, Vol. 14, #15 SCR, Cause No. 2017-KA-00411, Vol. 15, #16 SCR, Cause No. 2017-KA-00411, Vol. 16, #17 SCR, Cause No. 2017-KA-00411, Vol. 17, #18 SCR, Cause No. 2017-KA-00411, Vol. 18, #19 SCR, Cause No. 2017-KA-00411, Vol. 19, #20 SCR, Cause No. 2017-KA-00411, Vol. 20, #21 SCR, Cause No. 2017-KA-00411, Vol. 21, #22 SCR, Cause No. 2017-KA-00411, Exhibits Folder, #23 SCR, Cause No. 2017-KA-00411, Exhibits Vol. 1, #24 SCR, Cause No. 2017-KA-00411, Exhibits Vol. 2, #25 SCR, Cause No. 2017-KA-00411, Exhibits Vol. 3, #26 SCR, Cause No. 2017-KA-00411, Exhibits Vol. 4, #27 SCR, Cause No. 2017-KA-00411, Exhibits Vol. 5 2) (Owens, Jerrolyn)
May 31, 2022 Opinion or Order Filing 9 MOTION to Dismiss For Failure To Exhaust by Attorney General of the State of Mississippi, Commissioner of the Mississippi Department of Corrections. (Attachments: #1 Exhibit A (Decision of Miss Supreme Court in Clark v. State, Cause No. 2017-CT-00411), #2 Exhibit B (Docket of Miss Supreme Court in Clark v. State, Cause No. 2022-M-00442)) (Owens, Jerrolyn)
May 31, 2022 Opinion or Order Filing 8 RESPONSE in Opposition re #7 MOTION to Stay filed by Attorney General of the State of Mississippi, Commissioner of the Mississippi Department of Corrections. (Attachments: #1 Exhibit A (Docket of Miss Appellate Courts in Cause No. 2017-KA-00411-SCT), #2 Exhibit B (Docket of US Supreme Court in 21-504, Clark v. Mississippi) (Owens, Jerrolyn)
May 16, 2022 Opinion or Order Filing 7 MOTION to Stay by Joshua Eric Hawk Clark. (Waide, Jim)
May 6, 2022 Opinion or Order Filing 6 NOTICE of Attorney Appearance by Dan W. Webb on behalf of Joshua Eric Hawk Clark (Webb, Dan)
May 6, 2022 Opinion or Order Filing 5 ACKNOWLEDGMENT OF SERVICE Executed as to #4 Order, Set Deadlines, #2 Memorandum in Support, #1 Petition for Writ of Habeas Corpus, Acknowledgment filed by Attorney General of the State of Mississippi, Commissioner of the Mississippi Department of Corrections. (Owens, Jerrolyn)
May 6, 2022 Opinion or Order Filing 4 ORDER directing State to Respond, Attorney General of the State of Mississippi answer due 7/19/2022; Commissioner of the Mississippi Department of Corrections answer due 7/19/2022.. Signed by Magistrate Judge Roy Percy on 5/5/22. (jla)
May 5, 2022 Opinion or Order Filing 3 Civil Cover Sheet re #1 Petition for Writ of Habeas Corpus. (cb)
May 5, 2022 Opinion or Order Filing 2 MEMORANDUM Brief in Support of Petition for Writ of Habeas Corpus under 28 U.S.C. 2254 re #1 Petition for Writ of Habeas Corpus. (cb) (Additional attachment(s) added on 5/5/2022: #1 Appendix 1- Affidavit of Dr. Mark Shuman, #2 Appendix 2- Dr. LeVaughn's Letter) (cb).
May 5, 2022 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.00 receipt number MSN328841) (Itawamba County), filed by Joshua Eric Hawk Clark. (Attachments: #1 Exhibit A- Indictment, #2 Exhibit B- Order of Conviction (cb) Modified on 5/5/2022 (cb). Modified on 5/5/2022 (cb). Modified on 5/5/2022 (cb).
May 5, 2022 Opinion or Order NOTICE OF ASSIGNMENT. Case assigned to Judge Mills and Magistrate Judge Percy. (cb)

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Petitioner: Joshua Eric Hawk Clark
Represented By: Jim D. Waide, III
Represented By: Dan W. Webb
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Respondent: Commissioner of the Mississippi Department of Corrections
Represented By: Jerrolyn M. Owens
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Respondent: Attorney General of the State of Mississippi
Represented By: Jerrolyn M. Owens
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