Burns v. Wallace
| Alan L. Burns |
| Warden Wallace |
| 4:2023cv04829 |
| September 27, 2023 |
| US District Court for the District of South Carolina |
| Joseph F Anderson |
| 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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| Document Text |
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| Filing 18 ***DOCUMENT MAILED: 17 TEXT Order on Motion for Extension of Time placed in U.S. Mail from Florence Clerks Office to Alan L. Burns, #143218, Kirkland Correctional Institution, 4344 Broad River Road, Columbia, SC, 29210 (dsto, ) |
| Filing 17 TEXT ORDER granting #16 Motion for Extension of Time to File Objections to #12 REPORT AND RECOMMENDATION. Objections are now due December 18, 2023. Further extensions are discouraged. Signed by Honorable Joseph F Anderson, Jr on 11/17/2023.(dsto, ) |
| Filing 16 MOTION for Extension of Time to File Objections to #12 REPORT AND RECOMMENDATION by Alan L. Burns. Response to Motion due by 12/1/2023. 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.(dsto, ) |
| Filing 13 ***DOCUMENT MAILED: #12 REPORT AND RECOMMENDATION w/NEF, #10 Order - Habeas-Service-No Answer w/NEF, 11 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Florence Clerks Office to Alan L. Burns, #143218, Kirkland Correctional Institution, 4344 Broad River Road, Columbia, SC, 29210 (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 11/14/2023. 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 10/31/2023. (dsto, ) |
Filing 11
ORDER granting #8 Motion for Leave to Proceed in forma pauperis per #10 Serve No Answer Order. Signed by Magistrate Judge Thomas E Rogers, III on 10/31/2023.(dsto, )
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Filing 10
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 10/31/2023. (Attachments: #1 2254 Petition)(dsto, )
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| Filing 8 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Alan L. Burns. Response to Motion due by 11/13/2023. 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 7 ***DOCUMENT MAILED: #6 Proper Form Order w/NEF and AO240, placed in U.S. Mail from Florence Clerks Office to Alan L. Burns, #143218, Kirkland Correctional Institution, 4344 Broad River Road, Columbia, SC, 29210 (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 10/31/2023. 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 10/10/2023. (dsto, )
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| Filing 3 NON-STANDARD ITEM RECEIVED: 2 original large aerial maps sent with package by petitioner and kept with clerk when needed. (dsto, ) |
| Filing 2 TRUE DIVISION FOR TRIAL: Charleston. (dsto, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Alan L. Burns. (Attachments: #1 Supporting Documents, #2 Envelope)(dsto, ) (Additional attachment(s) added on 10/27/2023: #3 Additional Attachments, #4 Envelope) (dsto, ). |
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| Petitioner: Alan L. Burns | |
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| Respondent: Warden Wallace | |
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