JOHNSON v. BRAGG
| JARREL JOHNSON |
| Travis Bragg |
| 5:2022cv04512 |
| December 15, 2022 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| Kaymani D West |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 21 Letter from Jarrel Lee Johnson. (Attachments: #1 Envelope)(prou, ) |
| Filing 20 ***DOCUMENTS MAILED: #18 Order Ruling on Report and Recommendation w/NEF, #19 Judgment w/NEF, placed in U.S. Mail from Florence Clerk's Office to Jarrel Johnson, #39374, Marlboro County Detention Center, 253 Throop St., Bennettsville, SC 29512. (prou, ) |
| Filing 19 JUDGMENT: This case is dismissed without prejudice and without requiring Respondent to file an answer or return. A certificate of appealability is denied. (prou, ) |
Filing 18
ORDER RULING ON REPORT AND RECOMMENDATION: The Court ADOPTS the Magistrate Judge's R & R [ECF No. #14 ] and DISMISSES this action without prejudice and without requiring Respondent to file an answer or return. The Court DENIES a certificate of appealability. IT IS SO ORDERED. Signed by Chief Judge R Bryan Harwell on 1/20/2023. (prou, )
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| Filing 16 OBJECTION to #14 Report and Recommendation by JARREL JOHNSON. Reply to Objections due by 1/19/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, ) |
| Filing 15 ***DOCUMENT MAILED: #13 Order - Habeas-Service-No Answer w/NEF, #14 REPORT AND RECOMMENDATION w/NEF placed in U.S. Mail from Florence Clerks Office to Jarrel Johnson, #39374, Marlboro County Detention Center, 253 Throop St., Bennettsville, SC, 29512 (dsto, ) |
| Filing 14 REPORT AND RECOMMENDATION recommending that the court dismiss the habeas Petition without prejudice and without issuance and service of process.IT IS SO RECOMMENDED. Objections to R&R due by 1/10/2023. 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 Kaymani D West on 12/27/2022. (dsto, ) |
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Filing 13
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 Kaymani D West on 12/27/2022. (Attachments: #1 2241 Petition)(dsto, )
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| Filing 8 TRUE DIVISION FOR TRIAL: Florence. (prou, ) |
| Filing 7 Case transferred in from District of District of Columbia; Case Number 1:22-cv-03394. Original file certified copy of transfer order and docket sheet received. |
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Filing 6
ORDER TRANSFERRING PRO SE CASE. Petitioner Jarrel Johnson, who is currently detained at the Marlboro County Detention Center in Bennettsville, South Carolina, has filed a Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241 #1 ; see also Suppl. to Petition #5 . A writ of habeas corpus is the means by which a prisoner may secure his release from unlawful confinement. See Wilkinson v. Dotson, 544 U.S. 74, 79 (2005) ("[T]he writ[ of habeas corpus]'s history makes clear that it traditionally 'has been accepted as the specific instrument to obtain release from [unlawful] confinement.'") (third alteration in original), quoting Preiser v. Rodriguez, 411 U.S. 475, 486 (1973). The proper respondent in a habeas corpus action is the petitioner's custodian, Rumsfeld v. Padilla, 542 U.S. 426, 43435 (2004), and "a district court may not entertain a habeas petition involving present physical custody unless the respondent custodian is within its territorial jurisdiction." Stokes v. U.S. Parole Comm'n, 374 F.3d 1235, 1239 (D.C. Cir. 2004). Because neither petitioner nor his custodian is located in the District of Columbia, it is ORDERED that this matter shall be TRANSFERRED to the United States District Court for the District of South Carolina. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/29/2022. (lcabj2) [Transferred from District of Columbia on 12/15/2022.]
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| Filing 5 SUPPLEMENT to re #1 Petition for Writ of Habeas Corpus filed by JARREL JOHNSON. (znmw) [Transferred from District of Columbia on 12/15/2022.] |
| Case Assigned to Judge Amy Berman Jackson. (zmrl) [Transferred from District of Columbia on 12/15/2022.] |
| Filing fee received: $ 5, receipt number: 203466. (zmrl) [Transferred from District of Columbia on 12/15/2022.] |
| Filing 4 MEMORANDUM by JARREL JOHNSON re #1 Petition for Writ of Habeas Corpus (zmrl) Modified on 11/21/2022 (zmrl). [Transferred from District of Columbia on 12/15/2022.] |
| Filing 3 PARTIAL PRISONER TRUST FUND ACCOUNT STATEMENT by JARREL JOHNSON (zmrl) [Transferred from District of Columbia on 12/15/2022.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by JARREL JOHNSON. (zmrl) Modified on 11/21/2022 (zmrl). [Transferred from District of Columbia on 12/15/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by JARREL JOHNSON.(zmrl) [Transferred from District of Columbia on 12/15/2022.] |
| Initiating Pleading & IFP Application Received on 11/3/2022. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmrl) [Transferred from District of Columbia on 12/15/2022.] |
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| Petitioner: JARREL JOHNSON | |
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| Respondent: Travis Bragg | |
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