Allen v. Jackson
| Earnest Maurice Allen, Earnest Maurice Pickett and Ernest Maurice Allen |
| Warden Jackson |
| 4:2024cv02899 |
| May 9, 2024 |
| U.S. District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| 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 March 12, 2025. A more recent docket listing may be available from PACER.
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| Filing 17 ***DOCUMENT MAILED: 16 TEXT Order on Motion to Appoint Counsel, placed in U.S. Mail from Florence Clerks Office to Earnest Maurice Allen, #310134, Lee Correctional Institution, 990 Wisacky Hwy, Bishopville, SC,. 29010 (dsto, ) |
Filing 16
TEXT ORDER denying #15 Motion to Appoint Counsel. The law is clear that there is no right to appointed counsel in 2254 cases. Gilmore v. Lynch, 319 F.Supp. 105 (N.D.Cal. 1970), affd 404 U.S. 15 (1971). However, the court is granted the power to exercise its discretion to appoint counsel for an indigent in a civil action. 28 U.S.C. 1915(e)(l); Smith v. Blackledge, 451 F.2d 1201 (4th Cir. 1971). When exercising its discretion to appoint counsel in a civil action, the appointment should be allowed only in exceptional cases.Whisenaut v. Yuam, 739 F.2d 160 (4th Cir. 1984). After a review of the pleadings, this court has determined that there are no unusual circumstances which would justify the appointment of counsel, nor would the petitioner be denied due process if an attorney was not appointed. Signed by Magistrate Judge Thomas E Rogers, III on 07/01/2024.(dsto, )
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| Filing 15 MOTION to Appoint Counsel by Earnest Maurice Allen. Response to Motion due by 7/15/2024. 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 14 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Warden Jackson. (Attachments: #1 Certificate of Service)(Brown, Melody) |
| Filing 13 ***DOCUMENT MAILED: #12 Order 2254 w/NEF, placed in U.S. Mail from Florence Clerks Office to Earnest Maurice Allen, #310134, Lee Correctional Institution, 990 Wisacky Hwy, Bishopville, SC,. 29010 (dsto, ) |
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Filing 12
ORDER authorizing service of process. Directing petitioner to notify the clerk in writing of any change of address. Return and Memorandum due by 8/5/2024. Signed by Magistrate Judge Thomas E Rogers, III on 06/14/2024. (Attachments: #1 2254 Petition)(dsto, )
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| Filing 9 Filing fee: $5.00, receipt number 400016468 (dsto, ) |
| Filing 7 Cooper Trust Fund Withdrawal letter from Earnest Maurice Allen. (Attachments: #1 Envelope)(dsto, ) |
| Filing 6 ***DOCUMENT MAILED: #5 Proper Form Order w/NEF, AO240 and 2254 blank petition placed in U.S. Mail from Florence Clerks Office to Earnest Maurice Allen, #310134, Lee Correctional Institution, 990 Wisacky Hwy, Bishopville, SC,. 29010 (dsto, ) |
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Filing 5
PROPER FORM ORDER: Case to be brought into proper form by 6/5/2024. 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 05/15/2025. (dsto, )
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| Filing 2 TRUE DIVISION FOR TRIAL: Columbia. (dsto, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Ernest Maurice Allen. (Attachments: #1 Envelope)(dsto, ) |
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