Meyers v. Ishee et al
| David Meyers |
| Todd Ishee, Denise Jackson, Prescott Williams, Erik Hooks, Roy Cooper, Timothy Moose, Brandeshawn Harris and Ericka Hooks |
| 3:2022cv00138 |
| March 11, 2022 |
| US District Court for the Eastern District of Virginia |
| Elizabeth W Hanes |
| M Hannah Lauck |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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USCA Case Number 22-6462, Case Manager R. Sewell, for #26 Notice of Appeal filed by David Meyers. (smej, )
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Filing 31
Objection to Jurisdiction by US Magistrate Judge by David Meyers. (Attachments: #1 Envelope)(asho, )
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Filing 30
MOTION for Recall of Order by David Meyers. (Attachments: #1 Envelope)(asho, )
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Filing 29
MOTION to Appoint Counsel by David Meyers. (Attachments: #1 Envelope)(asho, )
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Filing 28
MOTION to Amend 2254 Petition by David Meyers. (Attachments: #1 Envelope)(asho, )
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Filing 27
Transmission of Notice of Appeal to US Court of Appeals re #26 Notice of Appeal. (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (jsmi, )
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Assembled INITIAL Electronic Record Transmitted to 4CCA re #26 Notice of Appeal. (jsmi, )
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Filing 26
NOTICE OF APPEAL re: 3/30/2022 Order ECF No. #19 by David Meyers. (Attachments: #1 Cover Letter, #2 Envelope)(jpow, )
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Filing 25
MOTION for Leave to Proceed in forma pauperis by David Meyers. (Attachments: #1 Cover Letter, #2 Envelope)(jpow, )
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Filing 24
MOTION for Evidentiary Hearing by David Meyers. (Attachments: #1 Cover Letter, #2 Envelope)(jpow, )
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Filing 23
MOTION for Show Cause Order by David Meyers. (Attachments: #1 Cover Letter, #2 Envelope)(jpow, )
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Filing 22
MOTION for the Court to Affix Handwritten 2254 Petition to Signed 2254 Courts Forms by David Meyers. (Attachments: #1 Cover Letter, #2 Envelope)(jpow, )
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Filing 21
MOTION for Enlargement of Time by David Meyers. (Attachments: #1 Cover Letter, #2 Envelope)(jpow, )
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Filing 20
PETITION for Writ of Habeas Corpus, filed by David Meyers. (Attachments: #1 Cover Letter, #2 Envelope)(jpow, )
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Filing 19
MEMORANDUM ORDER (Conditionally Filing 28 U.S.C. 2254 Petition and Requiring Petitioner to Complete the Standardized Form) It is ORDERED that: The petition is CONDITIONALLY FILED; the Clerk is DIRECTED to mail Petitioner the standardized form for filing a 2254 petition. The Clerk shall WRITE the civil action number for the present action on the form. Petitioner is DIRECTED to complete and return the form to the Court within eleven (11) days of the date of entry hereof. The Clerk of the Court is DIRECTED to process Petitioners request to proceed in forma pauperis. If an appropriate affidavit for proceeding in forma pauperis has not been submitted, the Clerk shall mail an appropriate in forma pauperis affidavit to Petitioner. Petitioner is ADVISED, however, that the Court will not accept any other motion, pleading or request until any assessed filing fee is paid. Petitioners Motion to Transfer (ECF No. #18 ) is DENIED WITHOUT PREJUDICE. If Petitioner wishes the Court to act on any such request, Petitioner must resubmit the motion or request after Petitioner pays the filing fee or after Petitioner is granted leave to proceed in forma pauperis. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Elizabeth W. Hanes on 3/30/2022. A copy of this Memorandum Order sent to Petitioner as directed. Signed by Magistrate Judge Elizabeth W. Hanes on 3/30/2022. (asho, )
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Filing 18
Letter MOTION to Transfer Civil Action No. 5:21CT2165B0 Back to Correct Venue at the U.S. District Court for the Eastern District of North Carolina Western Division District by David Meyers. (Attachments: #1 Cover Letter, #2 Envelope)(jpow, )
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Filing 17
Case transferred in from District of North Carolina Eastern; Case Number 5:21-hc-02165. Original file and docket sheet received. (Additional attachment(s) added on 3/11/2022: #2 Prisoner Data Report) (ldab, ).
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Notification of transfer of 28:2254 Petition for Writ of Habeas Corpus case from the Eastern District of North Carolina Case No. 5:21hc2165 to the Eastern District of Virginia. (ldab, )
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Filing 16
ORDER - The Clerk of Court is DIRECTED to TRANSFER this action to the United States District Court for the Eastern District of Virginia. The court VACATES its prior orders directing petitioner to file his 2254 petition on the proper form (DE 8, 10, 13), and DENYING as MOOT petitioner's pending motions #14 and #15 as the Eastern District of Virginia is better positioned to address such issues. Signed by District Judge Terrence W. Boyle on 3/10/2022. Copy of order sent to plaintiff via U.S. Mail. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 15
Second consolidated MOTION for relief and Motion for Show Cause filed by David Meyers. (Attachment: #1 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Motion Submitted to District Judge Terrence W. Boyle regarding #15 Second consolidated MOTION for relief and Motion for Show Cause. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 14
MOTION for Order to Show Cause filed by David Meyers. (Attachment: #1 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Motion Submitted to District Judge Terrence W. Boyle regarding #14 MOTION for Order to Show Cause. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 13
ORDER - DENYING #11 Motion for Reconsideration and motion for recusal. However, his second motion for an extension of time #11 is GRANTED, and petitioner has until Febuary 9, 2022 to file his petition on the proper form. The Clerk of Court is DIRECTED to send petitioner the form for filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Once petitioner has filed his petition on the proper form, the Clerk is DIRECTED to send petitioner a copy of his petition. The court relieves petitioner of the obligation to serve respondent with copies of his filings. Petitioner's failure to comply with this court's order within the time period provided will result in dismissal of this action without prejudice for failure to prosecute. Copy of order and form sent petitioner via U.S. Mail. Signed by District Judge Terrence W. Boyle on 12/15/2021. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 12
Document with multiple case numbers filed by David Meyers. (Attachment: #1 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 11
Motion for extension of time, Motion for recusal and Petitioner's objection regarding #10 Order on Motion for Miscellaneous Relief filed by David Meyers. (Attachment: #1 Envelope) (Poole, A) Modified to correct event type on 11/29/2021 (Poole, A). Modified to change event type on 12/15/2021 (Poole, A). [Transferred from North Carolina Eastern on 3/11/2022.]
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Motion Submitted to District Judge Terrence W. Boyle regarding #11 MOTION for Extension of Time, Motion for recusal and Petitioner's objection regarding 10 Order on Motion for Miscellaneous Relief. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 10
ORDER - DENYING #9 MOTION for injunctive relief; GRANTING #9 Motion for extension of time, and petitioner has until November 30, 2021 to file his petition on the proper form. Failure to comply with this court's order within the time period provided will result in dismissal of this action without prejudice for failure to prosecute. Signed by District Judge Terrence W. Boyle on 11/10/2021. Copy of order sen to petitioner via U.S. Mail. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Case Submitted to District Judge Terrence W. Boyle failure to comply with court's order. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 9
Consolidated MOTION for injunction and Consolidated Motion for time to obtain my legal case files, exhibits, exhausted grievances and Motion for enlargement of time for court to receive PLRA forms filed by David Meyers. (Attachment: #1 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Motion Submitted to District Judge Terrence W. Boyle regarding #9 MOTION for injunction and consolidated motion for time to obtain my legal case files, exhibits, exhausted grievances. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 8
ORDER - DENYING #4 Motion to Appoint Counsel. Petitioner is DIRECTED to file his petition on the proper form within 14 days of this court's order. The Clerk of Court is DIRECTED to provide petitioner with the proper form. Failure to comply with this order within the time period provided will result in dismissal of the petition without prejudice for failure to prosecute. Signed by District Judge Terrence W. Boyle on 10/14/2021. Copy of order and form sent to petitioner via U.S. Mail. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 7
Prisoner Trust Fund Account Statement. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 6
TRUST FUND INFORMATION REQUESTED. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by David Meyers. (Attachment: #1 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 4
MOTION to Appoint Counsel filed by David Meyers. (Attachment: #1 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Motion Submitted to District Judge Terrence W. Boyle regarding #5 MOTION for Leave to Proceed in forma pauperis, #4 MOTION to Appoint Counsel and for petition review. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 3
ORDER of Deficiency. The filing fee of $5.00 was not received or application to proceed without payment of fees and affidavit was not submitted. Responses due by 8/23/2021. Signed by Magistrate Judge Robert B. Jones, Jr., on 8/2/2021. Copy of order and form sent to petitioner via U.S. Mail. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 2
Letter regarding case opening sent via U.S. Mail to David Meyers at Central Prison. (Poole, A) [Transferred from North Carolina Eastern on 3/11/2022.]
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Filing 1
PETITION for Writ of Habeas Corpus filed by David Meyers. (Attachment: #1 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 3/11/2022.]
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