Spade v. Sharp
| Daniel William Spade |
| Warden Kenneth Sharp |
| 1:2024cv00866 |
| February 20, 2024 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Shiva V Hodges |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 ***DOCUMENTS MAILED #20 Order Ruling on Report and Recommendation and #21 Judgment, placed in U.S. Mail from Columbia Clerks Office to Daniel William Spade, 358974, RA-250, 1578 Clarence Coker Hwy, Columbia, SC 29162. (lbak) |
| Filing 21 JUDGMENT dismissing the action without prejudice. (lbak) |
Filing 20
ORDER adopting the #15 Report and Recommendation, dismissing this action, denying as moot, Petitioner's #2 Motion for Miscellaneous Relief and denying a certificate of appealability. Signed by Honorable Timothy M. Cain on 4/18/2024. (lbak)
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| Filing 18 OBJECTION to #15 Report and Recommendation by Daniel William Spade. Reply to Objections due by 4/15/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents, #2 Cover Letter, #3 Envelope) (lbak) |
| Filing 17 ***DOCUMENTS MAILED #15 REPORT AND RECOMMENDATION and 16 Text Order to Vacate placed in U.S. Mail from Columbia Clerks Office to Daniel William Spade, 358974, RA-250, 1578 Clarence Coker Hwy, Columbia, SC 29162. (lbak) |
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Filing 16
TEXT ORDER Vacating the #10 REPORT AND RECOMMENDATION as addressed in the #15 Report and Recommendation and Order. Signed by Magistrate Judge Shiva V. Hodges on 3/18/2024. (lbak)
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| Filing 15 REPORT AND RECOMMENDATION recommending recommends the district court dismiss this action without leave for amendment. If the district judge accepts this recommendation, Petitioners motion for bail [ECF No. 2] will be rendered moot. Objections to R&R due by 4/1/2024. 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 3/18/2024. (lbak) |
| Filing 14 ***DOCUMENT MAILED 13 Text Order placed in U.S. Mail from Columbia Clerks Office to Daniel William Spade, 358974, RA-250, 1578 Clarence Coker Hwy, Columbia, SC 29162. (lbak) |
| Filing 13 TEXT ORDER: Pro Se Petitioner filed this action seeking habeas relief under 28 U.S.C. 2241. (ECF No. #1 ). Pursuant to 28 U.S.C. 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(c) (D.S.C.), the matter was referred to a magistrate judge for pretrial handling. On March 6, 2024, the magistrate judge issued a Report and Recommendation (ECF No. #10 ) concluding that application of the Younger abstention doctrine is appropriate in this case and recommending the court dismiss this action without leave for amendment. (ECF No. #10 ). On March 11, 2024, however, the court received an amended petition from Petitioner. (ECF No. #12 ). In light of the lag time for the mailing of the amended petition, it is likely Petitioner sent this amended petition prior to his receipt of the Report. Accordingly, the court recommits this matter to the magistrate judge for consideration of whether the same conclusions and recommendations apply to the amended petition. IT IS SO ORDERED. Judge Magistrate Judge Shiva V. Hodges added. Signed by Honorable Timothy M. Cain on 3/11/2024. (lbak) |
| Filing 12 AMENDED PETITION for Writ of Habeas Corpus, filed by Daniel William Spade. (Attachments: #1 Cover Letter, #2 Envelope) (lbak) |
| Filing 11 ***DOCUMENT MAILED #10 REPORT AND RECOMMENDATION placed in U.S. Mail from Columbia Clerks Office to Daniel William Spade 358974 RA-250 1578 Clarence Coker Hwy Columbia, SC 29162. (apsn) |
| Filing 10 ***VACATED***REPORT AND RECOMMENDATION recommending the district court dismiss this action without leave for amendment. If the district judge accepts this recommendation, Petitioner's motion for bail [ECF No. 2] will be rendered moot. Objections to R&R due by 3/20/2024. 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 03/06/2024. (apsn) |
| Filing 8 Filing fee: $ 5, receipt number 300109274. (apsn) |
| Filing 7 ***DOCUMENTS MAILED #6 Proper Form Order, one standard 2241 Habeas Petition and one IFP Applicaiton placed in U.S. Mail from Columbia Clerks Office to Daniel William Spade, 358974, RA-250, 1578 Clarence Coker Hwy, Columbia, SC 29162. (lbak) |
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Filing 6
PROPER FORM ORDER Case to be brought into proper form by 3/21/2024. 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 2/29/2024. (lbak)
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| Filing 3 TRUE DIVISION FOR TRIAL: Charleston. (lbak) |
| Filing 2 MOTION For Bail Pending State's Appeal for Inordinate Delay and Due Process Violations by Daniel William Spade. Response to Motion due by 3/5/2024. 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) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Daniel William Spade. (Attachments: #1 Cover Letter, #2 Envelope) (lbak) |
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| Petitioner: Daniel William Spade | |
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| Respondent: Warden Kenneth Sharp | |
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