Roberts, Jr. v. Warden Kendall
Petitioner: Emory W. Roberts, Jr.
Respondent: Warden Kendall
Case Number: 2:2022cv03578
Filed: October 17, 2022
Court: US District Court for the District of South Carolina
Presiding Judge: Mary Gordon Baker
Referring Judge: Richard M Gergel
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 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2022 Filing 7 ***DOCUMENT MAILED #5 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Emory W. Roberts, Jr., #4 Order - Habeas-Service-No Answer, placed in U.S. Mail from Charleston Clerk's Office to Emory W. Roberts, Jr. 373393 Lieber Correctional Institution 136 Wilborn Ave. Ridgeville, SC 29472, (dgar)
December 8, 2022 Filing 5 REPORT AND RECOMMENDATION: The undersigned finds that Roberts cannot cure the defects in his petition by mere amendment. The undersigned therefore RECOMMENDS that the Court summarily dismiss Roberts' petition, without prejudice and without requiring the Warden to respond. Objections to R&R due by 12/22/2022 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 12/8/2022. (dgar)
December 8, 2022 Opinion or Order 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 12/8/2022. (Attachments: #1 Petition, #2 Supporting Documents, #3 Briefs)(dgar)
October 17, 2022 Filing 3 Filing fee: $ 5.00, receipt number SCX200019056 (dgar)
October 17, 2022 Filing 1 PETITION for Writ of Habeas Corpus, filed by Emory W. Roberts, Jr.. (Attachments: #1 Supporting Documents, #2 Briefs, #3 Envelope)(dgar)

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Petitioner: Emory W. Roberts, Jr.
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Respondent: Warden Kendall
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