Padgett v. Slatery
| Garner Dwight Padgett |
| Herbert Harrison Slatery, III |
| 2:2024cv00033 |
| February 23, 2024 |
| US District Court for the Eastern District of Tennessee |
| Katherine A Crytzer |
| Cynthia R Wyrick |
| Habeas Corpus (General) |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 USCA NOTICE as to Herbert Harrison Slatery, III. Copy of District Court Order filed 03/25/2024 to transfer proceedings to United States Court of Appeals for the Sixth Circuit. (KDO) |
| Filing 5 USCA NOTICE as to Herbert Harrison Slatery, III. Second Successive Transferred Motion Docketed. Notice filed by Movant Garner Dwight Padgett. (KDO) |
Filing 4
MEMORANDUM AND ORDER, granting #1 MOTION for Leave to Proceed in forma pauperis filed by Garner Dwight Padgett. Because the Petition in this action is second or successive, Petitioner must obtainauthorization from the United States Court of Appeals for the Sixth Circuit before he may pursue this action. See 28 U.S.C. 2244(b)(3). It does not appear that Petitioner has obtained authorization from the Sixth Circuit. So, the Court will transfer Petitioners file to the Sixth Circuit, which will likely construe the Petition as a request for authorization under Section 2244(b)(3). See In re Sims, 111 F.3d 45, 47 (6th Cir. 1997). Accordingly, the Court DIRECTS the Clerk to transfer this action to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. 1631 and In re Sims. The Clerk SHALL close this case. Signed by District Judge Katherine A Crytzer on 3/25/2024. (Copy of Memorandum mailed to Garner Dwight Padgett and transfered to 6th Circuit Court of Appeals via NEF) (JCK)
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| Filing 3 Notice Regarding Requirement to Notify Court of Change of Address. (Copy of Notice mailed to Garner Dwight Padgett). (LCK) |
| Filing 2 COMPLAINT against Herbert Harrison Slatery, III (Filing fee $ 405 - NOT PAID) filed by Garner Dwight Padgett. (Attachments: #1 Appendix #1, #2 Envelope). (LCK) |
| Filing 1 Pro Se MOTION for Leave to Proceed in forma pauperis by Garner Dwight Padgett. (Attachments: #1 Inmate Trust Fund Affidavid, #2 Envelope)(LCK) |
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| Plaintiff: Garner Dwight Padgett | |
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| Defendant: Herbert Harrison Slatery, III | |
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