Whaley v. Gallam
| James C. Whaley and James Carl Whaley |
| Detention Captain Nick Gallam |
| 4:2023cv04594 |
| 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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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 OBJECTION to #12 Report and Recommendation by James C. Whaley. Reply to Objections due by 11/20/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(dsto, ) |
| Filing 13 ***DOCUMENT MAILED: #12 REPORT AND RECOMMENDATION w/NEF, #11 Order - Habeas-Service-No Answer w/NEF, placed in U.S. Mail from Florence Clerks Office to James C. Whaley, #1001117, Aiken County Detention Center, 435 Wire Road, Aiken, SC, 29801 (dsto, ) |
| Filing 12 REPORT AND RECOMMENDATION recommending that the 2254 petition be dismissed with prejudice and without requiring the respondent to file a return because the petition is untimely under the one-year limitations provision of the AEDPA, 28 U.S.C. 2244(d). Objections to R&R due by 11/2/2023. 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 10/19/2023. (dsto, ) |
Filing 11
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 10/19/2023. (Attachments: #1 2254 Petition)(dsto, )
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| Filing 8 ***DOCUMENT MAILED: #6 Proper Form Order 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, ) |
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Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #6 Proper Form Order. Signed by Magistrate Judge Thomas E Rogers, III on 09/20/2023.(dsto, )
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Filing 6
PROPER FORM ORDER: Petitioner is granted twenty-one (21) days to file a factual explanation with this court to show cause why his Petition should not be dismissed based on the application of the one-year limitation period established by 28 U.S.C. 2244(d). Case to be brought into proper form by 10/11/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Thomas E Rogers, III on 09/20/2023. (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) (Additional attachment(s) added on 10/2/2023: #3 Additional Attachments, #4 Envelope) (dsto, ). (Attachment 1 replaced on 10/3/2023 with corrected Memo of Law from 23-4590 per petitioner) (dsto) |
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