Eddings v. Myers
| John Eddings |
| Warden Kevin Myers |
| 3:2020cv00547 |
| June 25, 2020 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Eli J Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on August 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 12 NOTICE OF APPEAL as to #6 Memorandum Opinion of the Court, Order Dismissing Case, by John Eddings. Filing fee not paid. (mg) |
Filing 11
ORDER: Petitioner has now filed a "Motion Pursuant to F.R.A.P. Rule 24(a)(3)," in which he essentially insists that he is automatically entitled to proceed (presumably on appeal) in forma pauperis (IFP) without further approval. (Doc. No. #9 .) Petitioner is mistaken. Rule 24(a)(3) does generally allow appellants who were granted IFP status in the district court or in a federal criminal case automatic IFP status on appeal, but Petitioner does not satisfy either of those requirements. For the reasons explained above and in its previous ruling (Doc. No. #6 ), the Court finds that any appeal in this case is frivolous and DENIES Petitioner the privilege of appealing IFP. The Clerk of Court is INSTRUCTED to provide a copy of this Order to the United States Court of Appeals for the Sixth Circuit. Signed by District Judge Eli J. Richardson on 7/16/2020. (xc:Pro se party by regular mail as well as an email copy of this Order to the United States Court of Appeals for the Sixth Circuit.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 7/16/2020 (mg).
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Filing 10
ORDER finding as moot #8 Motion to Disqualify Counsel. Signed by District Judge Eli J. Richardson on 7/16/2020. (xc:Pro se party by regular mail.) (mg)
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| Filing 9 MOTION by John Eddings. (mg) |
| Filing 8 MOTION to Disqualify Counsel by John Eddings. (mg) Modified on 7/14/2020 (mg). |
| Filing 7 ENTRY OF JUDGMENT re: #6 Memorandum and Order Dismissing Case, (xc:Pro se party by regular mail.) (mg) |
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Filing 6
MEMORANDUM AND ORDER DISMISSING CASE: Petitioner John Eddings, an inmate of the Turney Center Industrial Complex in Only, Tennessee, filed a petition for the writ of habeas corpus under 28 U.S.C. 2254 and has now paid the filing fee. Because it plainly appears from the face of the petition that Petitioner is not entitled to relief under that standard, the petition is DISMISSED. The Court must issue or deny a certificate of appealability ("COA") when it enters a final order adverse to a 2254 petitioner. Accordingly, the Court DENIES a COA. Petitioner may still seek a COA directly from the Sixth Circuit Court of Appeals. Habeas Rule 11(a). This is the final order denying all relief in this case. The Clerk SHALL enter judgment. Fed. R. Civ. P. 58(b). Signed by District Judge Eli J. Richardson on 7/8/2020. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 5 RECEIPT #34675059362 in the amount of $5.00 posted by John Eddings re #1 Petition for Writ of Habeas Corpus. (mg) |
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Filing 4
ORDER: Petitioner John Eddings, an inmate of the Turney Center Industrial Complex in Only, Tennessee, has filed a petition for the writ of habeas corpus under 28 U.S.C. 2254. The petition, however, was not accompanied either by the required $5.00 filing fee, or by an Application to Proceed in District Court without Prepaying Fees or Costs. The Clerk is DIRECTED to send the petitioner a blank short-form Application to Proceed in District Court without Prepaying Fees or Costs. The petitioner MUST submit to the court either the $5.00 filing fee or the completed application. Signed by District Judge Eli J. Richardson on 7/6/2020. (xc:Pro se party by regular mail along with an IFP application.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| TN State Bar status verified as active for Nicholas S. Bolduc. (mg) |
| Filing 3 NOTICE of Appearance by Nicholas S. Bolduc on behalf of Kevin Myers (Bolduc, Nicholas) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.)(mg) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by John Eddings.(mg) |
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| Respondent: Warden Kevin Myers | |
| Represented By: | Nicholas S. Bolduc |
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| Petitioner: John Eddings | |
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