Morning v. Dunbar
| Andre Morning, Jr. |
| Warden R.S. Dunbar |
| 8:2023cv01530 |
| April 14, 2023 |
| US District Court for the District of South Carolina |
| Jacquelyn D Austin |
| Timothy M Cain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 OBJECTION to #8 Report and Recommendation by Andre Morning, Jr. Reply to Objections due by 5/19/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(rweb, ) |
| Filing 11 CERTIFIED MAIL RECEIPT re 10 Document Mailed, served on Merrick B Garland on 4/28/23. (rweb, ) |
| Filing 10 ***DOCUMENT MAILED CERTIFIED (7015 3430 0000 7276 5998) #6 Order - Habeas-Service-No Answer, placed in U.S. Mail from Greenville Clerks Office to Merrick B Garland Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 (rweb, ) |
| Filing 9 ***DOCUMENT MAILED #8 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Andre Morning, Jr., 7 Order on Motion for Leave to Proceed in forma pauperis, #6 Order - Habeas-Service-No Answer, placed in U.S. Mail from Greenville Clerks Office to Andre Morning, Jr #34754-001 FCI Williamsburg PO Box 340 Salters, SC 29590 (rweb, ) |
| Filing 8 REPORT AND RECOMMENDATION; Based on the foregoing, Petitioner cannot meet the savings clause test 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 5/4/2023. 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 Jacquelyn D Austin on 4/20/23. (rweb, ) |
Filing 7
TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis Signed by Magistrate Judge Jacquelyn D Austin on 4/20/23.(rweb, )
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Filing 6
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 4/20/23. (Attachments: #1 Petition)(rweb, )
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| Filing 3 TRUE DIVISION FOR TRIAL: Florence. (dsto, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Andre Morning, Jr. Response to Motion due by 4/28/2023. 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 Inmate Inquiry, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(dsto, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Andre Morning, Jr.. (Attachments: #1 Envelope)(dsto, ) |
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| Petitioner: Andre Morning, Jr. | |
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| Respondent: Warden R.S. Dunbar | |
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