Newberry v. Chester County
Petitioner: Phillip Newberry and Flip
Respondent: Chester County
Case Number: 1:2023cv04772
Filed: September 22, 2023
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Referring Judge: Shiva V Hodges
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (County)
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2023 Opinion or Order Filing 19 ***DOCUMENT MAILED #17 Order on Report and Recommendation, #18 Judgment placed in U.S. Mail from Charleston Clerks Office to Phillip Newberry 3406990102 Chester County Jail 2740 Dawson Dr Chester, SC 29706 (hcor, )
October 30, 2023 Opinion or Order Filing 18 JUDGMENT: Petitioner, Phillip Newberry, shall take nothing of Respondent, as to the petition filed pursuant to 28 U.S.C. 2241 and this action is dismissed without prejudice. (hcor, )
October 30, 2023 Opinion or Order Filing 17 ORDER AND OPINION The Court adopts #13 Report and Recommendations as the Order of the Court and dismisses without prejudice Petitioner's Petition for Writ of Habeas Corpus. The Certificate of Appealability is denied. Signed by Honorable Richard M Gergel on 10/30/2023.(hcor, )
October 20, 2023 Opinion or Order Filing 16 OBJECTION to #13 Report and Recommendation by Phillip Newberry. Reply to Objections due by 11/3/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents, #2 Envelope) (lbak)
October 16, 2023 Opinion or Order Filing 15 Letter from Phillip Newberry. (Attachments: #1 Envelope)(apsn)
October 11, 2023 Opinion or Order Filing 14 ***DOCUMENTS MAILED 12 Text Order on Motion for Leave to Proceed in forma pauperis and #13 REPORT AND RECOMMENDATION placed in U.S. Mail from Columbia Clerks Office to Phillip Newberry, 3406990102, Chester County Jail, 2740 Dawson Dr., Chester, SC 29706. (lbak)
October 10, 2023 Opinion or Order Filing 13 REPORT AND RECOMMENDATION recommending the district court dismiss this action with prejudice. Objections to R&R due by 10/24/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Shiva V. Hodges on 10/10/2023. (lbak)
October 10, 2023 Opinion or Order Filing 12 TEXT ORDER finding as moot #6 Motion for Leave to Proceed in forma pauperis; granting #10 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V. Hodges on 10/10/2023. (lbak)
October 6, 2023 Opinion or Order Filing 11 SUPPLEMENT by Phillip Newberry to #5 Amended Petition for Writ of Habeas Corpus. (Attachments: #1 Cover Letter, #2 Envelope - Best image available.) (lbak)
October 6, 2023 Opinion or Order Filing 10 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Phillip Newberry. Response to Motion due by 10/20/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope - Best image available)Motions referred to Shiva V. Hodges. (lbak)
October 5, 2023 Opinion or Order Filing 7 NOTICE of Change of Address by Phillip Newberry. (Attachments: #1 Envelopes) (lbak)
October 5, 2023 Opinion or Order Filing 6 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Phillip Newberry. Response to Motion due by 10/19/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelopes)Motions referred to Shiva V. Hodges. (lbak)
October 5, 2023 Opinion or Order Filing 5 AMENDED PETITION for Writ of Habeas Corpus, filed by Phillip Newberry. (Attachments: #1 Memorandum, #2 Envelopes) (lbak) Supplement added on 10/6/2023 at #11 . (lbak)
September 25, 2023 Opinion or Order Filing 4 ***DOCUMENT MAILED #3 Proper Form Order, Form AO 240 (application to proceed in forma pauperis), 2241 habeas petition. placed in U.S. Mail from Columbia Clerks Office to Phillip Newberry Chester County Jail 2740 Dawson Dr Chester, SC 29706. (apsn)
September 25, 2023 Opinion or Order Filing 3 PROPER FORM ORDER: Case to be brought into proper form by 10/16/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Shiva V. Hodges on 09/25/2023. (apsn)
September 22, 2023 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus, filed by Phillip Newberry. (Attachments: #1 Affidavit, #2 Envelope)(apsn)

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Petitioner: Phillip Newberry
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Petitioner: Flip
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Respondent: Chester County
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