Belmer v. State of Mississippi
| Cornelius Belmer |
| State of Mississippi and Superintendent Marshal Turner |
| Pro Se Department |
| 3:2018cv00471 |
| July 18, 2018 |
| US District Court for the Southern District of Mississippi |
| Northern (Jackson) Office |
| Sunflower |
| Robert H Walker |
| Henry T Wingate |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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TEXT ONLY ORDER granting #12 Motion for Extension of Time to File Response/Reply re #10 MOTION to Dismiss Petiton for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2244(d) Or, Alternatively, Pursuant to 28 U.S.C. 2244(d). Petitioner's response is due by 10/3/2018. No further written order will issue. Signed by Magistrate Judge Robert H. Walker on September 7, 2018 (King, Steve)
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| Filing 12 MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss Petiiton for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2244(d) Or, Alternatively, Pursuant to 28 U.S.C. 2244(d) by Cornelius Belmer (Attachments: #1 Envelope)(MGB) |
| Filing 11 *RESTRICTED* State Court Record - Habeas by Defendant Marshal Turner (Attachments: #1 State Court Record (SCR) in Cause No. 2010-CP-00778, Vol. 1, #2 SCR, Cause No. 2010-CP-00778, Vol 2)(Owens-State Gov, Jerrolyn) |
| Filing 10 MOTION to Dismiss Petiiton for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2244(d) Or, Alternatively, Pursuant to 28 U.S.C. 2244(d) by Marshal Turner (Attachments: #1 Exhibit a (Judgment on Guilty Plea), #2 Exhibit B (Report and Recommendation in Belmer v. State, Cause No. 3:05-cv-273-HTW-JCS), #3 Exhibit C (Order Adopting R and R and Final Judgment in Belmer v. State, et al, Cause No. 3:05-cv-273-HTW-JCS), #4 Exhibit D (Court Order Denying COA inBelmer v. State, et al, Cause No. 3:05-cv-273-HTW-JCS), #5 Exhibit E (Fifth Cir Order dismissing appeal of district court's ruling on habeas petition for lack of jurisdiction), #6 Exhibit F (Denial of Certiorari review in Belmer v. Mississippi, et al), #7 Exhibit G (Motion to Vacate Guilty Plea filed by Belmer in Leake County Circuit Court), #8 Exhibit H (Order of Leake County Circuit Court dismissing post-conviction filed by Belmer), #9 Exhibit I (Decision of Miss. Court of Appeals in Belmer v. State, Cause No. 2003-CP-1496), #10 Exhibit J (Motion for Post-Conviction filed by Belmer in Leake County Circuit Court), #11 Exhibit K (Order denying post-conviction collateral relief filed in Leake County Circuit Court), #12 Exhibit L (Motion for Extraordinary Writs and Collateral Relief filed by Belmer in Leake County Circuit Court), #13 Exhibit M (Order of Leake County Circuit Court dismissing motion for post-conviction relief as successive), #14 Exhibit N (Decision of Miss. Court of Appeals affirming trial court's decision in Belmer v. State, Cause No. 2010-CP-00778), #15 Exhibit O (Docket in USDC Cause No. 3:01-cv-449-HTW-JCS))(Owens-State Gov, Jerrolyn) |
| Filing 9 ACKNOWLEDGMENT OF SERVICE Executed as to Marshal Turner, Jim Hood, Office of AG served on 8/1/2018, answer due 8/21/2018. (LAT) |
| Filing 8 NOTICE of Change of Address: Marshall County Correctional Facility, 833 West Street, P.O. Box 5188, Holly Spring, MS 38634, Telephone #(662)252-7111 by Cornelius Belmer. (Attachments: #1 Envelope)(LAT) |
| Filing 7 Mail Returned as Undeliverable as to #6 Order. Mail sent to Cornelius Belmer. (LAT) |
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Filing 6
ORDER, Superintendent Marshal Turner replaces the State of Mississippi as the Respondent. Respondent Turner, through Jim Hood, shall file an answer or other responsive pleading in this cause within twenty (20) days of the service upon the said Jim Hood of a copy of this Order. Signed by Magistrate Judge Robert H. Walker on 07/30/2018. [Copy of Order mailed to Petitioner] (CS)
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Filing 5
Response to Order re #4 ORDER, on or before August 13, 2018, Petitioner shall file a written response to name his current custodian as the proper Respondent in this case. Signed by Magistrate Judge Robert H. Walker on 07/23/2018. [Copy of Order mailed to Petitioner] (CS) filed by Cornelius Belmer (Attachments: #1 Envelope)(LAT)
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Filing 4
ORDER, on or before August 13, 2018, Petitioner shall file a written response to name his current custodian as the proper Respondent in this case. Signed by Magistrate Judge Robert H. Walker on 07/23/2018. [Copy of Order mailed to Petitioner] (CS)
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Filing 3
ORDER *RESTRICTED* granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Robert H. Walker on 07/23/2018. [Copy of Order mailed to Petitioner] (CS)
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| Filing 2 *RESTRICTED* MOTION for Leave to Proceed in forma pauperis by Cornelius Belmer. (LAT) |
| Filing 1 PETITION for Writ of Habeas Corpus against State of Mississippi, filed by Cornelius Belmer. (Attachments: #1 Exhibit A-Motion For Psychiatric Examination, #2 Exhibit B-Indictment Statue 97-3-79 Arm Robbery, #3 Exhibit C-Evidentiary Hearing Transcript 1-17 pages, #4 Exhibit D-Judgement on Guilty Plea, #5 Exhibit E-Affidavit from Cornelius Belmer, #6 Exhibit F-Affidavit from Belmer's mother Ms Jeanette Burns, #7 Exhibit G-Affidavit from Codefendant Cleon Graves, #8 Exhibit H-Affidavit from Grave's mother Alfayette Jones, #9 Exhibit I-Subpoena from trial court to Cornelius Belmer, #10 Cover Letter, #11 Envelope, #12 Notice of Assignment)(Copy of NEFs and notice of assignment mailed to Cornelius Belmer #51018 MS State Penitentiary Unit 30-C Building P.O. Box 880 Parchman, MS 38738).(LAT) |
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