Allen v. Malphrus
| Brian Allen, Jr |
| Christopher Malphrus |
| 2:2019cv03058 |
| October 29, 2019 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| David C Norton |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 15 SECOND OBJECTION to #7 Report and Recommendation by Brian Allen, Jr. Reply to Objections due by 12/18/2019. 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)(hada, ) |
| Filing 14 ***DOCUMENT MAILED #13 Judgment, #12 Order on Report and Recommendation, placed in U.S. Mail from Charleston Clerks Office to Brian Allen, Jr 134218 Jasper County Detention Center PO Drawer 2140 Ridgeland, SC 29936 (egra, ) |
| Filing 13 JUDGMENT It is ordered that the Petitioner, Brian Allen, Jr., shall take nothing of the Respondent, Christopher Malphrus, as to the petition filed pursuant to 28 U.S.C. 2241 and the petition is dismissed without prejudice and without requiring a return to be filed. It is further ordered that a certificate of appealability is denied. (egra, ) |
Filing 12
ORDER affirming #7 Report and Recommendation, dismissing petition without prejudice and without requiring a return to be filed. It is further ordered that a certificate of appealability is denied. Signed by Honorable David C Norton on 11/19/2019.(eric, )
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| Filing 11 OBJECTION to #7 Report and Recommendation by Brian Allen, Jr. Reply to Objections due by 12/2/2019. 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)(hada, ) |
| Filing 10 SUMMONS Returned Executed by Brian Allen, Jr. Christopher Malphrus served on 11/7/2019, answer due 1/6/2020. (hada, ) |
| Filing 8 ***DOCUMENT MAILED #7 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Brian Allen, Jr, #4 Order - Habeas-Service-No Answer, 5 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Charleston Clerks Office to Brian Allen, Jr 134218 Jasper County Detention Center PO Drawer 2140 Ridgeland, SC 29936 (hada, ) |
| Filing 7 REPORT AND RECOMMENDATION of Magistrate Judge Mary Gordon Baker. It is recommended that the #1 Petition for Writ of Habeas Corpus filed by Brian Allen, Jr be dismissed without prejudice and without requiring a return to be filed. Objections to R&R due by 11/18/2019. 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 Mary Gordon Baker on 11/04/2019. (hada, ) |
| Filing 6 ***DOCUMENT MAILED #1 Petition for Writ of Habeas Corpus, #4 Order - Habeas-Service-No Answer, placed in U.S. Mail from Charleston Clerks Office to Sheriff Christopher Malphrus at P.O. Box 986, 12008 North Jacob Smart Blvd., Ridgeland, SC 29936 (Cert Mail Rec # 7011 2970 0004 5241 0616) and South Carolina Attorney General's Office at P.O. Box 11549, Columbia, SC 29211 (Cert Mail Rec # 7011 2970 0004 5241 0623). (hada, ) |
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Filing 5
REFERENCE ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Mary Gordon Baker on 11/04/2019.(hada, )
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Filing 4
ORDER authorizing service of process by clerk, directing respondent not to answer and directing the petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Mary Gordon Baker on 11/04/2019. (Attachments: #1 Petition and Supporting Documents)(hada, )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Brian Allen, Jr. (Attachments: #1 Envelope)Motions referred to Mary Gordon Baker.(hada, ) (Main Document 2 replaced on 10/31/2019) (hada, ). |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Brian Allen, Jr. (Attachments: #1 Supporting Documents, #2 Envelope)(hada, ) |
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