Brown v. Warden N Barnes
| Leonard Brown |
| Warden N Barnes |
| 8:2022cv02804 |
| August 22, 2022 |
| US District Court for the District of South Carolina |
| Jacquelyn D Austin |
| David C Norton |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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| Document Text |
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| Filing 15 ***DOCUMENT MAILED #14 Judgment, #13 Order on Report and Recommendation, placed in U.S. Mail from Greenville Clerks Office to Leonard Brown 54312-019 BENNETTSVILLE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 52020 BENNETTSVILLE, SC 29512 (rweb, ) |
| Filing 14 JUDGMENT; DISMISSED without prejudice. (rweb, ) |
Filing 13
ORDER affirming #9 Report and Recommendation, dismissing petition without prejudice and without requiring respondent to file an answer or return. It is further ordered that a certificate of appealability is denied. Signed by Honorable David C Norton on 10/12/2022.(eric, )
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| Filing 12 CERTIFIED MAIL RECEIPT re 11 Document Mailed served on Attorney General Alan Wilson on 9/9/22. (rweb, ) |
| Filing 11 ***DOCUMENT MAILED CERTIFIED (9414 7118 9956 1269 1446 29) #7 Order - Habeas-Service-No Answer, placed in U.S. Mail from Greenville Clerks Office to The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 (rweb, ) |
| Filing 10 ***DOCUMENT MAILED 8 Order on Motion for Preliminary Injunction,, Order on Motion for TRO,, Order on Motion for Leave to Proceed in forma pauperis, #7 Order - Habeas-Service-No Answer, #9 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Leonard Brown placed in U.S. Mail from Greenville Clerks Office to Leonard Brown 54312-019 BENNETTSVILLE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 52020 BENNETTSVILLE, SC 29512 (rweb, ) |
| Filing 9 REPORT AND RECOMMENDATION; Petitioner cannot meet the savings clause tests to challenge his conviction as announced in Jones and his sentence as announced in Wheeler. Therefore, this Court lacks jurisdiction to consider the Petition. Accordingly, it is recommended that the 2241 Petition be dismissed without prejudice and without requiring the Respondent to file an answer or return. Objections to R&R due by 9/20/2022. 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 Jacquelyn D Austin on 9/6/22. (rweb, ) |
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Filing 8
TEXT ORDER finding as moot #3 Motion for Preliminary Injunction; finding as moot #3 Motion for TRO; granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jacquelyn D Austin on 9/6/22.(rweb, )
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Filing 7
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 Jacquelyn D Austin on 9/6/22. (Attachments: #1 Petition)(rweb, )
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| Filing 4 TRUE DIVISION FOR TRIAL: Florence. (rweb, ) |
| Filing 3 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order ( Response to Motion due by 9/6/2022. 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. ) by Leonard Brown. (Attachments: #1 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(rweb, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Leonard Brown. Response to Motion due by 9/6/2022. 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 Jacquelyn D Austin.(rweb, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Leonard Brown.(rweb, ) (Additional attachment(s) added on 8/23/2022: #1 Envelope) (rweb, ). Modified on 8/23/2022 to add envelope (rweb, ). |
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