Weaver v. Eller
Petitioner: Harry C Weaver, Jr
Respondent: Brian Eller
Case Number: 3:2023cv00394
Filed: November 6, 2023
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Charles E Atchley
Referring Judge: Jill E McCook
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2024 Opinion or Order Filing 8 ORDER re #2 Petition for Writ of Habeas Corpus filed by Harry C Weaver, Jr denying moot #1 MOTION for Leave to Proceed in forma pauperis filed by Harry C Weaver, Jr. Respondent is ORDERED to file the State-court record and a response to the petition within sixty (60) days of entry of this Order.Signed by District Judge Charles E Atchley, Jr on 1/4/2023. (BJL)*Mailed to Harry C Weaver, Jr 613888 NORTHEAST CORRECTIONAL COMPLEX P.O. BOX 5000 MOUNTAIN CITY, TN 37683 and serviced this order and Petition to Respondent's Attorney via CM/ECF.
November 17, 2023 Filing 7 Letter from Harry Weaver regarding filing fee (BJL) Modified on 11/17/2023 (BJL).
November 13, 2023 Filing fee: $ 5.00, receipt number 300002739 (BJL)
November 7, 2023 Filing 6 NOTICE of Appearance by Andrew H Smith on behalf of Brian Eller (Smith, Andrew)
November 7, 2023 Opinion or Order Filing 5 ORDER re #1 MOTION for Leave to Proceed in forma pauperis filed by Harry C Weaver, Jr. The Clerk is DIRECTED to send Petitioner a form prisoner account statement. Petitioner shall have fourteen (14) days from the date of entry of this Order to pay the full filing fee or to submit the necessary document to proceed in forma pauperis. Petitioner is hereby NOTIFIED that if he fails to fully timely comply with this Order, the Court shall presume that Petitioner is not a pauper and shall order the case dismissed for want of prosecution. Signed by District Judge Charles E Atchley, Jr on 11/7/2023. (BJL)* Mailed this order with a form prisoner account statement to Harry C Weaver, Jr 613888 NORTHEAST CORRECTIONAL COMPLEX P.O. BOX 5000 MOUNTAIN CITY, TN 37683
November 6, 2023 Filing 4 Notice Regarding Requirement to Notify Court of Change of Address (c/m to Harry C Weaver, Jr #613888, NORTHEAST CORRECTIONAL COMPLEX, P.O. BOX 5000, MOUNTAIN CITY, TN 37683) (ABF)
November 6, 2023 Filing 3 MEMORANDUM in Support re #2 Petition for Writ of Habeas Corpus. (ABF)
November 6, 2023 Filing 2 PETITION for Writ of Habeas Corpus, filed by Harry C Weaver, Jr.(ABF)
November 6, 2023 Filing 1 MOTION (Declaration) for Leave to Proceed in forma pauperis by Harry C Weaver, Jr. (Attachments: #1 Other Envelope)(ABF)

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Petitioner: Harry C Weaver, Jr
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Respondent: Brian Eller
Represented By: Andrew H Smith
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