Whaley v. Gallam
| James C. Whaley and James Carl Whaley |
| Detention Captain Nick Gallam |
| 4:2023cv04590 |
| September 12, 2023 |
| US District Court for the District of South Carolina |
| Henry M Herlong |
| Thomas E Rogers |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 13 ***DOCUMENT MAILED: 12 TEXT Order Ruling on Report and Recommendation, placed in U.S. Mail from Florence Clerks Office to James Carl Whaley, #1001117, Aiken County Detention Center, 435 Wire Road, Aiken, SC, 29801 (dsto, ) |
| Filing 12 TEXT ORDER RULING ON REPORT AND RECOMMENDATION: Petitioner has filed objections to the Report and Recommendation, which recommends dismissing this action as an unauthorized and successive 28 U.S.C. 2254 petition. In the objections, Petitioner correctly notes that the instant petition in this case is denominated as a 28 U.S.C. 2241 petition in the caption. Therefore, the court declines to adopt the Report and Recommendation and this matter is remanded to the Magistrate Judge for further consideration of the petition under 28 U.S.C. 2241.Further, Petitioner alleges that the memorandum of law in this case was misfiled with another memorandum of law in another case filed by the petitioner. The clerk is ordered to switch the memorandum of law in 4:23-4590, ECF No. [1-1], with the memorandum of law in 4:23-4594, ECF No. [1-1]. Entered at the direction of Honorable Henry M Herlong, Jr on 10/3/23. (sfla) |
| Filing 10 OBJECTION to #8 Report and Recommendation by James C. Whaley. Reply to Objections due by 10/16/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(dsto, ) |
| Filing 9 ***DOCUMENT MAILED: #8 REPORT AND RECOMMENDATION w/NEF, #6 Order - Habeas-Service-No Answer w/NEF, 7 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Florence Clerks Office to James C. Whaley, #357132, Aiken County Detention Center, 435 Wire Road, Aiken, SC, 29801 (dsto, ) |
| Filing 8 REPORT AND RECOMMENDATION recommending that the 2254 Petition in this case be dismissed without prejudice and without requiring the respondent to file a return, as successive and unauthorized. Objections to R&R due by 10/4/2023. 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 Thomas E Rogers, III on 09/20/2023. (dsto, ) |
Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #6 Serve No Answer Order. Signed by Magistrate Judge Thomas E Rogers, III on 09/20/2023.(dsto, )
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Filing 6
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 Thomas E Rogers, III on 09/20/2023. (Attachments: #1 2254 Petition)(dsto, )
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| Filing 3 TRUE DIVISION FOR TRIAL: Aiken. (dsto, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by James C. Whaley. Response to Motion due by 9/26/2023. 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)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) |
| Filing 1 PETITION against Nick Gallam, filed by James C. Whaley. Service due by 12/11/2023. (Attachments: #1 Memo in Support, #2 Envelope)(dsto) (Attachment 1 replaced on 10/3/2023 with corrected Memo of Law from 23-4594 per petitioner) (dsto, ) |
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