Fisher v. Javois
Defendant: Laurent Javois
Petitioner: George W Fisher
Case Number: 2:2023cv04225
Filed: November 29, 2023
Court: US District Court for the Western District of Missouri
Presiding Judge: Stephen R Bough
Referring Judge: Prisoner Pro Se
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2024 Filing 14 MANDATE of US COURT OF APPEALS as to #5 Notice of Appeal (Doc. #5 ) filed by George W Fisher with mandate issued on 1/26/2024. In accordance with the judgment of January 5, 2024, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter.(Willis, Kathy)
January 5, 2024 Filing 13 USCA Judgment as to Notice of Appeal (Doc. #5 ) filed by George W Fisher This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. This appeal comes before the court on appellant's application for a certificate of appealability. The court has carefully reviewed the original file of the district court, and the application for a certificate of appealability is denied. The appeal is dismissed. The motion to proceed on appeal in forma pauperis is denied as moot. (Willis, Kathy)
December 27, 2023 Filing 12 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #5 Notice of Appeal. (Attachment: #1 Order)(Willis, Kathy)
December 27, 2023 Opinion or Order Filing 11 ORDER that:(1) a certificate of appealability is denied; and (2) the Clerk of the Court shall electronically forward this case to the United States Court of Appeals for the Eighth Circuit for further processing of Petitioner's appeal. Signed on 12/27/2023 by District Judge Stephen R. Bough. (Doty, Greg).
December 21, 2023 Filing 10 CLERK'S ORDER for limited remand. This case is remanded to the district court for a determination of whether to issue a certificate of appealability, with directions that, if granted, the certificate of appealability specify the issue or issues that are to be considered on appeal. See 28 U.S.C. Sec. 2253; Federal Rule of Appellate Procedure 22(b); United States v. Lambros, 404 F.3d 1034 (8th Cir. 2005); Tiedeman v. Benson, 122 F.3d 518 (8th Cir. 1997). (Willis, Kathy)
December 20, 2023 Opinion or Order Filing 9 ORDER of US COURT OF APPEALS: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, CDs, videos, administrative records and state court files. These documents should be submitted within 10 days. (CLERK'S NOTE: All documents pertaining to this case are on CM/ECF. Nothing will be sent to the Court of Appeals.)(Willis, Kathy)
December 20, 2023 Opinion or Order Filing 8 ORDER of US COURT OF APPEALS: The $605 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. A motion for leave to proceed in forma pauperis must include a completed copy of the attached "Application to Proceed Without Prepaying Fees or Costs" or an affidavit that shows in the same detail the Appellants inability to pay or to give security for fees and costs. If appellant does not pay the fee or move for IFP status by January 17, 2024, this appeal may be dismissed for failure to prosecute without further notice. (Willis, Kathy)
December 20, 2023 USCA Case Number from Eighth Circuit is 23-3719 for #5 Notice of Appeal filed by George W Fisher. (Willis, Kathy)
December 20, 2023 Filing 7 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #5 Notice of Appeal. (Willis, Kathy)
December 20, 2023 Opinion or Order Filing 6 ORDER that: (1) Petitioner is denied leave to proceed in forma pauperis on appeal and (2) the Clerk of the Court shall electronically forward this case to the United States Court of Appeals for the Eighth Circuit for further processing of Petitioner's appeal. Signed on 12/20/2023 by District Judge Stephen R. Bough. (Willis, Kathy)
December 18, 2023 Filing 5 NOTICE OF APPEAL filed by George W Fisher. (Attachments: #1 IFP Affidavit, #2 Account Statement)(Related Document #3 )(Willis, Kathy)
December 6, 2023 Filing 4 CLERK'S JUDGMENT: This case is dismissed, without prejudice, subject to Petitioner seeking and obtaining authorization to file a second or successive petition for writ of habeas corpus in the Eighth Circuit Court of Appeals. (Willis, Kathy)
December 6, 2023 Opinion or Order Filing 3 ORDERED that this case is dismissed, without prejudice, subject to Petitioner seeking and obtaining authorization to file a second or successive petition for writ of habeas corpus in the Eighth Circuit Court of Appeals. Signed on 12/6/2023 by District Judge Stephen R. Bough. (Willis, Kathy)
November 29, 2023 Filing 2 IFP FINANCIAL AFFIDAVIT filed by George W Fisher. (Willis, Kathy)
November 29, 2023 Filing 1 PETITION for Writ of Habeas Corpus filed by George W Fisher (#1 Attachment); (2) Proposed Order) (Willis, Kathy).

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Petitioner: George W Fisher
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Defendant: Laurent Javois
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