Weiters v. Andrews
| Elton Weiters |
| Justin Andrews |
| 9:2019cv02420 |
| August 27, 2019 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Bristow Marchant |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 SUMMONS Returned Executed by Elton Weiters. Justin Andrews served on 10/1/2019, answer due 12/2/2019. (egra, ) |
| Filing 16 ***DOCUMENT RE-MAILED #12 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Elton Weiters, #11 Order - Habeas-Service-No Answer, placed in U.S. Mail from Charleston Clerks Office to Elton Weiters 2670 Hull Street North Charleston, SC 29405 (egra, ) |
| Filing 15 NOTICE of Change of Address by Elton Weiters. Address updated in ECF this date. (Attachments: #1 Envelope)(egra, ) |
| Filing 14 ***DOCUMENT MAILED #11 Order - Habeas-Service-No Answer, placed in U.S. Mail from Charleston Clerks Office to U.S. Attorney General. Certified Receipt (7011 2970 0004 5240 9887). (egra, ) |
| Filing 13 ***DOCUMENT MAILED #12 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Elton Weiters, #11 Order - Habeas-Service-No Answer, placed in U.S. Mail from Charleston Clerks Office to Elton Weiters 30909-171 Butner Medium II - F.C.I. P.O. Box 1500 Butner, NC 27509 (egra, ) |
| Filing 12 REPORT AND RECOMMENDATION of Magistrate Judge Bristow Marchant. It is recommended that, after providing Petitioner with the proper notice and opportunity to respond as required by United States v. Castro, 540 U.S. 375 (2003), the Court recharacterize this 2241 petition as a 2255 case. Objections to R&R due by 10/7/2019. 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 Bristow Marchant on 09/23/2019. (egra, ) |
Filing 11
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 Bristow Marchant on 09/23/2019. (Attachments: #1 Petition) (egra, )
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| Filing 7 ***DOCUMENT MAILED 6 Case Reassigned placed in U.S. Mail from Columbia Clerks Office to Elton Weiters, 30909-171, Butner Medium II - F.C.I., P.O. Box 1500, Butner, NC 27509. (bshr, ) |
| Filing 6 Case Reassigned to Honorable Richard M. Gergel. Honorable Henry M. Herlong, Jr. no longer assigned to the case. (bshr, ) |
| Filing 5 Case transferred in from District of North Carolina Eastern; Case Number 5:19-hc-02087. Original file certified copy of transfer order and docket sheet received. |
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Filing 4
ORDER - The court DIRECTS the Clerk of Court to TRANSFER this action to petitioner's sentencing court-the United States District Court for the District of South Carolina. Signed by Chief Judge Terrence W. Boyle on 8/26/2019. Copy sent via US Mail to Elton Weiters at Butner Medium II - F.C.I. (Love, L.) [Transferred from North Carolina Eastern on 8/28/2019.]
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| Case transferred to District of South Carolina. File transmitted electronically. (Love, L.) [Transferred from North Carolina Eastern on 8/28/2019.] |
| Filing fee: $5.00, receipt number RAL070759. (Love, L.) [Transferred from North Carolina Eastern on 8/28/2019.] |
| Case Submitted to Chief Judge Terrence W. Boyle for petition review. (Love, L.) [Transferred from North Carolina Eastern on 8/28/2019.] |
|
Filing 3
ORDER OF DEFICIENCY - The filing fee of $5.00 was not received or application to proceed without payment of fees and affidavit was not submitted. Signed by Magistrate Judge Robert B. Jones, Jr. on 3/18/2019. Copy of order and application to proceed without payment of fees sent via US Mail to Elton Weiters at Butner Medium II - F.C.I. (Love, L.) [Transferred from North Carolina Eastern on 8/28/2019.]
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| Filing 2 Letter regarding case opening sent via US Mail to Elton Weiters at Butner Medium II - F.C.I. (Love, L.) [Transferred from North Carolina Eastern on 8/28/2019.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Elton Weiters. (Attachments: #1 Memorandum in Support, #2 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 8/28/2019.] |
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| Petitioner: Elton Weiters | |
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| Respondent: Justin Andrews | |
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