Cage v. Holloway
| Quinton Cage |
| James Holloway |
| 3:2021cv00446 |
| June 8, 2021 |
| US District Court for the Middle District of Tennessee |
| Aleta A Trauger |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 17
ORDER of USCA: Upon consideration of the movant's motion to voluntarily dismiss the appeal herein pursuant to Rule 42(b), Federal Rules of Appellate Procedure, It is ORDERED that the motion is GRANTED and the appeal is dismissed. (dt)
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Filing 16
ORDER: Quinton Cage filed a petition for a writ of habeas corpus under 28 U.S.C. 2254. (Doc. No. #1 .) On July 6, 2021, the court transferred the petition to the U.S. Court of Appeals for the Sixth Circuit as a "second or successive" motion over which the court lacked subject-matter jurisdiction. (Doc. No. #11 .) On July 9, 2021, the Court of Appeals docketed the transferred motion. (Doc. Nos. #14 , #15 .) On the same day, the court received a letter from the petitioner dated July 5, 2021. (Doc. No. #13 .) Therein, the petitioner states that he wishes to "voluntarily dismiss" his case. (Id.) Despite the date of the petitioner's letter, the court may not act upon it because jurisdiction over the petition has passed to the Court of Appeals. Accordingly, the Clerk of Court is DIRECTED to forward a copy of this order and the petitioner's letter requesting dismissal (Doc. No. #13 ) to the Sixth Circuit for consideration. Signed by District Judge Aleta A. Trauger on 7/13/2021. (xc:Pro se party by regular mail. Copy of Order and Petitioner's letter (DE #13 ) sent to Sixth Circuit via email notification.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 15 NOTICE from 6CCA: Second Successive Motion Docketed. Notice filed by Movant Quinton A. Cage. 2nd/Successive Motion Received in 6CA: 07/06/2021. (RLJ) (hb) |
| Filing 14 NOTICE from 6CCA: Copy of District Court Order filed 07/06/21 transferring proceedings to the Sixth Circuit Court of Appeals as a second or successive motion for habeas relief. (RLJ) (hb) |
| Filing 13 Letter from Quinton Cage re voluntary dismissal. (ln) |
| Filing 12 RECEIPT #34675062910 in the amount of $5.00 posted by Quinton Cage re #1 Petition for Writ of Habeas Corpus. (ln) |
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Filing 11
ORDER: Accordingly, pursuant to Section 1631 and Sims, the Clerk of Court shall TRANSFER this case to the Sixth Circuit. The petitioner's application for leave to proceed in forma pauperis (Doc. No. #10 ) is DENIED AS MOOT. The Clerk SHALL close this case without entry of a judgment. Signed by District Judge Aleta A. Trauger on 7/6/2021. (xc:Pro se party by regular mail. Copy of Order sent to Sixth Circuit via email notification.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 10 APPLICATION for Leave to Proceed In Forma Pauperis filed by Quinton Cage. (Attachments: #1 Attachment 1 - Cover Letter)(ln) |
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Filing 9
ORDER: For the petition to proceed on the merits, the petitioner MUST either (1) submit the $5.00 filing fee, or (2) submit an application to proceed as a pauper including (a) an affidavit stating all assets that the petitioner possesses and that he is unable to pay the filing fee, and (b) a certificate from the warden or other prison official showing the amount of money that the petitioner has in his inmate trust account. The Clerk SHALL mail the petitioner a copy of the in forma pauperis application form for prisoners. The petitioner's response to this order must be received by the court within 30 DAYS of the date this order is entered on the docket. Signed by District Judge Aleta A. Trauger on 6/17/2021. (xc:Pro se party by regular mail along with a copy of the in forma pauperis application form for prisoners.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 8 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) |
| Filing 7 Case transferred in from the District of Illinois Northern; Case Number 1:21-cv-02987. Original file certified copy of transfer order and docket sheet received. |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included). (ln) |
| Filing 6 TRANSFERRED to the U.S.D.C for the Middle District of Tennessee, Nashville Division the electronic record. (ec, ) [Transferred from Illinois Northern on 6/9/2021.] |
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Filing 5
ORDER This case is transferred forthwith to the United States District Court for the Middle District of Tennessee, Nashville Division, for preliminary consideration pursuant to Rule 4 of the Rules Governing Section 2254 Cases. The Clerk shall close this case number on the Court's docket. See the accompanying Statement for details. Civil case terminated. Civil case terminated. Signed by the Honorable Andrea R. Wood on 6/8/2021: Mailed notice (ec, ) [Transferred from Illinois Northern on 6/9/2021.]
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| Filing 4 LETTER from Quinton Cage dated 5/1/2021. (ec, ) [Transferred from Illinois Northern on 6/9/2021.] |
| Filing 3 AFFIDAVIT of Quinton Cage in support of Petition for habeas corpus relief and 1983 action. (Exhibits) (ec, ) [Transferred from Illinois Northern on 6/9/2021.] |
| Filing 2 PRISONER CIVIL Cover Sheet (ec, ) [Transferred from Illinois Northern on 6/9/2021.] |
| Filing 1 RECEIVED PETITION for writ of habeas corpus filed by Quinton Cage against James Holloway. (Exhibits) (Envelope postmarked 5/28/2021) (ec, ) [Transferred from Illinois Northern on 6/9/2021.] |
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| Petitioner: Quinton Cage | |
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| Respondent: James Holloway | |
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