Abernathy v. Hudgins
Petitioner: Brian D. Abernathy
Respondent: Robert Hudgins
Case Number: 5:2020cv00194
Filed: September 8, 2020
Court: US District Court for the Northern District of West Virginia
Presiding Judge: John Preston Bailey
Referring Judge: James P Mazzone
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 4, 2020 Filing 15 USCA NOTICE OF APPELLATE CASE OPENING: re #12 Notice of Appeal filed by Brian D. Abernathy. USCA USCA Case Number: 20-7650. Case Manager: Rachel J. Lee (804) 916-2702. (lmm)
November 4, 2020 Filing 14 Assembled Electronic Record Transmitted to Fourth Circuit re #12 Notice of Appeal (lmm)
November 4, 2020 Filing 13 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #12 Notice of Appeal. (lmm)
November 4, 2020 Filing 12 NOTICE OF APPEAL as to #9 Order and #10 Clerk's Judgment by Brian D. Abernathy. (Attachments: #1 Envelope)(lmm)
November 2, 2020 Filing 11 RETURN RECEIPT as to #9 Order #10 Clerk's Judgment. SERVICE ACCEPTED on 10/26/20. (lmm)
October 23, 2020 Filing 10 CLERK'S JUDGMENT. Signed by Clerk of Court on 10/23/20. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 10/23/2020: #1 Certified Mail Return Receipt) (lmm).
October 23, 2020 Opinion or Order Filing 9 ORDER ADOPTING #6 REPORT AND RECOMMENDATION. The petitioner's #8 objections are OVERRULED and the 2241 #1 petition is DENIED and DISMISSED WITHOUT PREJUDICE. The #2 Motion for Leave to Proceed in forma pauperis is hereby DENIED and the fee waived. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. Signed by District Judge John Preston Bailey on 10/23/20. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 10/23/2020: #1 Certified Mail Return Receipt) (lmm).
September 25, 2020 Filing 8 OBJECTION TO MAGISTRATE'S #6 Report and Recommendation. (Attachments: #1 Envelope)(lmm)
September 22, 2020 Filing 7 RETURN RECEIPT as to #6 REPORT AND RECOMMENDATIONS. SERVICE ACCEPTED on 9/18/20. (lmm)
September 16, 2020 Magistrate Judge James P. Mazzone no longer assigned to case. pursuant to #6 Report and Recommendation. (lmm)
September 16, 2020 Filing 6 REPORT AND RECOMMENDATION. The undersigned recommends that the #1 petition be DENIED and DISMISSED WITHOUT PREJUDICE. The undersigned further RECOMMENDS that Abernathy's #2 Motion for Leave to Proceed in forma pauperis be DENIED and the fee WAIVED. The Clerk is directed to terminate the Magistrate Judges association with this case. Signed by Magistrate Judge James P. Mazzone on 9/16/20. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 9/16/2020: #1 Certified Mail Return Receipt) (lmm).
September 15, 2020 Filing 5 RETURN RECEIPT as to #4 Notice. SERVICE ACCEPTED on 9/10/20. (lmm)
September 8, 2020 Filing 4 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 9/8/2020: #1 Certified Mail Return Receipt) (lmm).
September 8, 2020 Filing 3 ** SEALED ** Prisoner Trust Fund Account Statement by Brian D. Abernathy. (Attachments: #1 Ledger Sheets, #2 Envelope)(lmm)
September 8, 2020 Filing 2 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Brian D. Abernathy. (Attachments: #1 Envelope)(lmm)
September 8, 2020 Filing 1 PETITION for Writ of Habeas Corpus against Robert Hudgins, filed by Brian D. Abernathy. (Attachments: #1 Memorandum, #2 Exhibit A - Offenses, #3 Envelope)(lmm)

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Petitioner: Brian D. Abernathy
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Respondent: Robert Hudgins
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