Garcia v. Cain et al
| Alberto Julio Garcia |
| Burl Cain and Marc McClure |
| Charles Blanchard |
| 1:2024cv00052 |
| February 16, 2024 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. § 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
Docket Report
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This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER granting #15 Motion for Extension of Time to File. The Court grants the motion. Petitioner's proposed budget is due on or before April 24, 2024. No further order will issue. Signed by District Judge Halil S. Ozerden on 3/18/24. (cb)
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| Filing 15 MOTION for Extension of Time to File Budget by Alberto Julio Garcia (Novod - PHV, David) |
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Filing 14
ORDER *RESTRICTED* denying #2 Motion for Leave to Proceed in forma pauperis. Signed by District Judge Halil S. Ozerden on 3/1/24. (cb)
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Filing 13
ORDER denying #12 Motion to Alter or Amend. The Court denies Petitioner's #12 Motion to Alter or Amend the Court's scheduling order. Signed by District Judge Halil S. Ozerden on 3/1/24. (cb)
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| Filing 12 Unopposed MOTION to Alter or Amend Order Setting Deadline for Filing of Habeas Corpus Petition by Alberto Julio Garcia (Novod - PHV, David) |
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Filing 11
ORDER granting #10 Motion to Appear Pro Hac Vice. The Court grants the motion. Ms. Carbia shall be admitted as Petitioner's co-counsel after she completes the electronic filing registration process. Signed by District Judge Halil S. Ozerden on 2/29/24. (cb)
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| Filing 10 MOTION for Matilde J. Carbia to Appear Pro Hac Vice by Alberto Julio Garcia (Attachments: #1 Attachment Certificate of Good Standing (M Carbia))(Craig, James) |
| Filing 9 **DISREGARD** MOTION for Matilde J. Carbia to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5346132) by Alberto Julio Garcia (Attachments: #1 Attachment Certificate of Good Standing (M Carbia))(Craig, James) Modified on 2/28/2024 (JCH). |
| DOCKET ANNOTATION as to # 9. This document is not signed in compliance with the court's Administrative Procedures for Electronic Case Filing Sec. 3.D.1. which pertains to both civil and criminal pleadings. Attorney is directed to refile the document with an appropriate signature in section K of the Application. Attorney is advised to not pay the filing fee again, since it was paid with the filing of this Application. This document will be disregarded on the docket. (JCH) |
| Filing 8 NOTICE of Filing in Support of Motion for Leave to Proceed In Forma Pauperis by Alberto Julio Garcia (Attachments: #1 Exhibit Ex 1 -- Email from C Jefcoat to D Novod attaching Garcia Acct Statement, #2 Exhibit Ex 2 -- A. J. Garcia Acct Statement)(Craig, James) |
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Filing 7
ORDER granting #6 Motion to Appear Pro Hac Vice. The Court grants the motion, and Mr. Novod is admitted to serve as Petitioner's counsel. Signed by District Judge Halil S. Ozerden on 2/27/24. (cb)
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| DOCKET ANNOTATION as to # 8. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to label each exhibit with a letter/number in future filings. Also, if "exhibit" is selected from the category box, it is not necessary to type in "EX" in the description, because that duplicates the description to read "Exhibit Ex A", which is duplicative and incorrect. Attorney does not need to re-file, but should follow this procedure in future filings. (JCH) |
| DOCKET ANNOTATION as to # 6. Attorney is advised that when filing a Certificate of Good Standing, "attachment" should be chosen from the category box, not "exhibit". If exhibit is chosen, each exhibit needs to be labeled with a letter/number and that same letter/number needs to be typed in the description box. Attorney is not required to re-file, but should follow this procedure in future filings. (JCH) |
| Filing 6 MOTION for D. Aaron Novod to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5344183) by Alberto Julio Garcia (Attachments: #1 Exhibit Certificate of Good Standing (Novod))(Craig, James) |
| Filing 5 NOTICE of Appearance by LaDonna C. Holland-State Gov on behalf of Burl Cain, Marc McClure (Holland-State Gov, LaDonna) |
| Filing 4 NOTICE of Appearance by Brad A. Smith-State Gov on behalf of All Defendants (Smith-State Gov, Brad) |
| DOCKET ANNOTATION as to # 5. Attorney is advised that this document reflects an incorrect case number. The correct case number is 1:24cv52 HSO, which should be reflected on all future filings. (JCH) |
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Filing 3
ORDER granting #1 Motion to Appoint Counsel; holding in abeyance #2 Motion for Leave to Proceed in forma pauperis. The Court grants Petitioner's Motion for Appointment of Counsel #1 and holds in abeyance Petitioner's Motion for Leave to Proceed In Forma Pauperis #2 . The Court also sets numerous case deadlines as enumerated herein. Signed by District Judge Halil S. Ozerden on 2/22/24. (cb)
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| Filing 2 *RESTRICTED* MOTION for Leave to Proceed in forma pauperis, by Alberto Julio Garcia (RLW) |
| Filing 1 MOTION to Appoint Counsel, by Alberto Julio Garcia (RLW) |
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