Bigbee v. Janson
| Tackerette Bigbee |
| Warden Janson |
| 3:2023cv01070 |
| October 13, 2023 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Eli J Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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Filing 49
RESPONSE filed by Warden Janson re #1 Petition for Writ of Habeas Corpus filed by Tackerette Bigbee . (Wehby, Philip)
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Filing 48
Final MOTION for Extension of Time to File Response/Reply as to #1 Petition for Writ of Habeas Corpus by Warden Janson. (Wehby, Philip)
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Filing 47
ORDER: The Second Motion for Extension of Time to File an Answer is GRANTED, and Respondent's new deadline is December 11, 2023. Signed by District Judge Eli J. Richardson on 12/6/2023. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 46
Second MOTION for Extension of Time to File Response/Reply as to #1 Petition for Writ of Habeas Corpus by Warden Janson. (Wehby, Philip)
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Filing 45
ORDER: Respondent has filed a Motion for Extension of Time to File an Answer to the pending Petition for Writ of Habeas Corpus filed by Petitioner Tackerette Bigbee. #44 . The motion is GRANTED, and Respondent's new deadline is December 1, 2023. Signed by District Judge Eli J. Richardson on 11/27/2023. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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TN State Bar status verified as active for Philip H. Wehby admitted to this court. (kc)
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Filing 44
First MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus by Warden Janson. (Wehby, Philip)
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Filing 43
NOTICE of Appearance by Philip H. Wehby on behalf of Warden Janson (Wehby, Philip)
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Filing 42
ORDER: The Clerk is DIRECTED to serve a copy of the petition #1 and this Order on the United States Attorney. The United States SHALL file an answer, plead, or otherwise respond to the petition in accordance with Rule 5, Rules Governing Section 2254 Proceedings, within 30 days of the date of entry of this Order. Signed by District Judge Eli J. Richardson on 10/18/2023. (xc: Pro se party by regular mail. Order and #1 placed in United States Attorney's Office's box at intake.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 10/19/2023 (kc).
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Filing 41
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad)
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Filing 40
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ad)
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Filing 39
Case transferred in from the District of South Carolina; Case Number 4:23-cv-00882. Original file certified copy of transfer order and docket sheet received.
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Filing 36
ORDER: It is the judgment of the Court this case is TRANSFERRED to the M.D.Tenn. for further proceedings.To the extent Bigbee requests a certificate of appealability from this Court, that certificate is DENIED. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/12/2023. (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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NOTICE TO COUNSEL Leesa Washington: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, PHV due by 11/3/2023. (ad)
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SC State Bar status verified as active for Leesa Washington not admitted to this court - . (ad)
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Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (ad)
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Filing 35
RESPONSE in Opposition re #31 MOTION to Dismiss. Response filed by Tackerette Bigbee.Reply to Response to Motion due by 9/20/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents, #2 Envelope)(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 34
***DOCUMENT MAILED: #33 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerks Office to Tackerette Bigbee, #20810-075, Diersen Charities, 808 Lea Avenue, Nashville, TN, 37203 (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 33
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #31 MOTION to Dismiss. Response to Motion due by 9/5/2023. 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 Thomas E Rogers, III on 08/04/2023. (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 31
MOTION to Dismiss by Warden Janson. Response to Motion due by 8/17/2023. 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. (Attachments: #1 Memo in Support, #2 Exhibit A - Superseding Indictment, #3 Exhibit B - Plea Petition, #4 Exhibit C - Criminal Judgment, #5 Exhibit D - Appeal Waiver, #6 Certificate of Service)No proposed order.Motions referred to Thomas E Rogers, III.(Washington, Leesa) [Transferred from South Carolina on 10/13/2023.]
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Filing 29
***DOCUMENT MAILED: 28 TEXT Order on Motion for Extension of Time to File Response/Reply placed in U.S. Mail from Florence Clerks Office to Tackerette Bigbee, #20810-075, Diersen Charities, 808 Lea Avenue, Nashville, TN, 37203 (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 28
TEXT ORDER granting #27 Motion for Extension of Time. The Response to #1 Petition is now due August 3, 2023. Signed by Magistrate Judge Thomas E Rogers, III on 07/19/2023.(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 27
MOTION for Extension of Time to File Response/Reply as to #1 Petition for Writ of Habeas Corpus by Warden Janson. Response to Motion due by 8/2/2023. 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. No proposed order.Motions referred to Thomas E Rogers, III.(Washington, Leesa) [Transferred from South Carolina on 10/13/2023.]
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Filing 26
NOTICE of Change of Address by Tackerette Bigbee (Attachments: #1 Envelope)(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 25
NOTICE of Change of Address by Tackerette Bigbee (Attachments: #1 Envelope)(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 24
CERTIFIED MAIL RECEIPT re #20 Order 2241 Federal Habeas, served on US Attorney General on June 7, 2023. (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 23
NOTICE of Appearance by Leesa Washington on behalf of Warden Janson (Washington, Leesa) (Main Document 23 replaced on 6/9/2023 to correct case number) (dsto,) [Transferred from South Carolina on 10/13/2023.]
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Filing 22
***DOCUMENT MAILED: #20 Order 2241 Federal Habeas, placed in U.S. Mail from Florence Clerks Office to US Attorney General, 950 Pennsylvania Ave., NW, Room B-103, Washington, DC, 20530 (by certified by 7018-1830-0001-8538-6805) (dsto) [Transferred from South Carolina on 10/13/2023.]
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Filing 21
***DOCUMENT MAILED: #20 Order 2241 Federal Habeas w/NEF, placed in U.S. Mail from Florence Clerks Office to Tackerette Bigbee, #20810-075, Edgefield FCI, PO box 725, Edgefield, SC, 29824 (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 20
ORDER authorizing service of process by clerk. Directing petitioner to notify the clerk in writing of any change of address. Return and Memorandum due July 20, 2023. Signed by Magistrate Judge Thomas E Rogers, III on 05/31/2023. (Attachments: #1 2241 Petition)(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 18
***DOCUMENT MAILED: 16 TEXT Order Ruling on Report and Recommendation, placed in U.S. Mail from Florence Clerks Office to Tackerette Bigbee, #20810-075, Edgefield FCI, PO Box 725, Edgefield, SC, 29824 (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 16
TEXT ORDER RULING ON REPORT AND RECOMMENDATION: Pending before the Court is the Magistrate Judge's Report and Recommendation (Report) in which he suggests the Court dismiss Petitioner's Section 2241 petition without prejudice (ECF #8 ). But, after the Magistrate Judge filed the Report, the Fourth Circuit decided In re McNeil, 2023 WL 3573557 (4th Cir. 2023). This new Fourth Circuit case may be helpful in properly considering this petition. Therefore, this matter is REMANDED to the Magistrate Judge to direct Respondent to file an answer to the petition. The Court hastens to note this remand is in no way caused by any error by the learned Magistrate Judge. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 05/31/2023. (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 12
OBJECTION to #8 Report and Recommendation by Tackerette Bigbee. Reply to Objections due by 4/17/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 11
CERTIFIED MAIL RECEIPT re #6 Order - Habeas-Service-No Answer, served on US Attorney General on March 21, 2023. (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 10
***DOCUMENT MAILED: #6 Order - Habeas-Service-No Answer, placed in U.S. Mail from Florence Clerks Office to US Attorney General, 950 Pennsylvania Ave., NW, Room B-103, Washington, DC, 20530 (by certified by 7018-1830-0001-8538-6737) (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 9
***DOCUMENT MAILED: 7 Order on Motion for Leave to Proceed in forma pauperis, #8 REPORT AND RECOMMENDATION w/NEF, #6 Order - Habeas-Service-No Answer w/NEF, placed in U.S. Mail from Florence Clerks Office to Tackerette Bigbee, #20810-075, Edgefield FCI, PO box 725, Edgefield, SC, 29824 (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 8
REPORT AND RECOMMENDATION recommending that the Petition be dismissed without prejudice and without requiring the respondent to file a return.IT IS SO ORDERED. Objections to R&R due by 3/29/2023. 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 Thomas E Rogers, III on 03/15/2023. (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #6 Serve No-Answer Order. Signed by Magistrate Judge Thomas E Rogers, III on 03/15/2023.(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 6
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 Thomas E Rogers, III on 03/15/2023. (Attachments: #1 2241 Petition)(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 3
TRUE DIVISION FOR TRIAL: Anderson/Greenwood. (dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Tackerette Bigbee. Response to Motion due by 3/17/2023. 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. (Attachments: #1 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Tackerette Bigbee. (Attachments: #1 Supporting Documents, #2 Envelope)(dsto, ) [Transferred from South Carolina on 10/13/2023.]
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| Petitioner: Tackerette Bigbee | |
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| Respondent: Warden Janson | |
| Represented By: | Leesa Washington |
| Represented By: | Philip H. Wehby |
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