Handy v. Kelley
| Arkansas Eastern District Court | |
| Judge: | Kristine G Baker |
| Referred: | Jerome T Kearney |
| Case #: | 5:17-cv-00046 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:1361 Petition for Writ of Mandamus |
| Case Filed: | Feb 22, 2017 |
| Terminated: | Oct 30, 2018 |
Defendant
Wendy Kelley
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Plaintiff
Tommy Handy
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GPO
Jun 27 2018
PROPOSED FINDINGS AND RECOMMENDATIONS: It is recommended that the case be redesignated from one pursuant to 28 U.S.C. § 2254 to one pursuant to 28 U.S.C. § 1361. Having so recommended this change in designation, the undersigned further recommends that the petition for a writ of mandamus pursuant to 28 U.S.C. § 1361 is dismissed with prejudice because it fails to state a claim on which relief may be granted. Objections to these findings and recommendations are due no later than 14 days from the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 6/27/2018. (mcz) |
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GPO
Oct 30 2018
ORDER adopting 11 Proposed Findings and Recommendations as its findings in all respects; directing the Clerk of Court to redesignate this case as one pursuant to 28 U.S.C. § 1361; and dismissing with prejudice Mr. Handy's petition for writ of mandamus pursuant to 28 U.S.C. § 1361 because it fails to state a claim upon which relief can be granted. Signed by Judge Kristine G. Baker on 10/30/2018. (cmn) (Docket entry modified on 10/31/2018 to correct the file date) (jak) |
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GPO
Oct 30 2018
JUDGMENT: Pursuant to 13 Order, petitioner Tommy Handy's petition is dismissed with prejudice. The relief sought is denied. Signed by Judge Kristine G. Baker on 10/30/2018. (cmn) |
| Docket last updated: 4 hours ago |
| Wednesday, October 31, 2018 | ||
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utility
Notice of Docket Correction
Wed 10/31 9:05 AM
NOTICE OF DOCKET CORRECTION re13 Order. CORRECTION: The docket entry was modified to correct the file date to 10/30/2018 as marked on the Order. (jak) |
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| Tuesday, October 30, 2018 | ||
| 14 | 14
order
Judgment
Wed 10/31 8:12 AM
JUDGMENT: Pursuant to13 Order, petitioner Tommy Handy's petition is dismissed with prejudice. The relief sought is denied. Signed by Judge Kristine G. Baker on 10/30/2018. (cmn) |
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| 13 | 13
5
pgs
order
Order Adopting Report and Recommendations Order on Report and Recommendations
Wed 10/31 8:06 AM
ORDER adopting11 Proposed Findings and Recommendations as its findings in all respects; directing the Clerk of Court to redesignate this case as one pursuant to 28 U.S.C. § 1361; and dismissing with prejudice Mr. Handy's petition for writ of mandamus pursuant to 28 U.S.C. § 1361 because it fails to state a claim upon which relief can be granted. Signed by Judge Kristine G. Baker on 10/30/2018. (cmn) (Docket entry modified on 10/31/2018 to correct the file date) (jak) |
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| Thursday, July 12, 2018 | ||
| 12 | 12
respoth
Objection to Report and Recommendations
Thu 07/12 1:28 PM
OBJECTION to11 Report and Recommendations by Tommy Handy. (kdr) |
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| Wednesday, June 27, 2018 | ||
| 11 | 11
motion
Report and Recommendations
Wed 06/27 9:37 AM
PROPOSED FINDINGS AND RECOMMENDATIONS: It is recommended that the case be redesignated from one pursuant to 28 U.S.C. § 2254 to one pursuant to 28 U.S.C. § 1361. Having so recommended this change in designation, the undersigned further recommends that the petition for a writ of mandamus pursuant to 28 U.S.C. § 1361 is dismissed with prejudice because it fails to state a claim on which relief may be granted. Objections to these findings and recommendations are due no later than 14 days from the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 6/27/2018. (mcz) |
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| Tuesday, February 06, 2018 | ||
| 10 | 10
1
pgs
order
Order on Motion for Copies
Tue 02/06 3:13 PM
ORDER directing the Clerk to provide Petitioner with a copy of the docket sheet and advising that his habeas petition remains pending. Signed by Magistrate Judge Jerome T. Kearney on 2/6/2018. (mef) |
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| Monday, February 05, 2018 | ||
| 9 | 9
motion
Copies
Mon 02/05 3:37 PM
MOTION for Copies and Request for Status Update, by Tommy Handy. (kdr) |
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| Wednesday, April 12, 2017 | ||
| 8 | 8
respoth
Reply (Non Motion)
Wed 04/12 2:29 PM
REPLY to7 Response to Habeas Petition by Tommy Handy. (ljb) |
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| Monday, April 03, 2017 | ||
| 7 | 7
answer
Response to Habeas Petition
Mon 04/03 1:29 PM
RESPONSE to2 Petition for Writ of Habeas Corpus by Wendy Kelley.(Gasaway, Brooke) |
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Att: 1
Exhibit Index of Exhibits,
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Att: 2
Exhibit A - Warrant for Arrest, State of Arkansas vs. Tommy S. Handy, Pulaski County Circuit Court, CR-2008-2951,
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Att: 3
Exhibit B - Warrant for Arrest, State of Arkansas vs. Tommy S. Handy, Pulaski County Circuit Court, CR-2009-421,
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Att: 4
Exhibit C - Warrant for Arrest, United States of America vs. Tommy S. Handy, Eastern District Court,4:09-CR-00052,
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Att: 5
Exhibit D - Plea Agreement, United States of America vs. Tommy S. Handy, Eastern District Court,4:09-CR-00052,
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Att: 6
Exhibit E - Judgement, United States of America vs. Tommy S. Handy, Eastern District Court,4:09-CR-00052,
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Att: 7
Exhibit F - Plea Statement, State of Arkansas vs. Tommy S. Handy, Pulaski County Circuit Court, CR-2008-2951,
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Att: 8
Exhibit G - Judgement and Commitment Order, State of Arkansas vs. Tommy S. Handy, Pulaski County Circuit Court, CR-2008-2951,
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Att: 9
Exhibit H - Plea Statement, State of Arkansas vs. Tommy S. Handy, Pulaski County Circuit Court, CR-2009-421,
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Att: 10
Exhibit I - Judgement and Commitment Order, State of Arkansas vs. Tommy S. Handy, Pulaski County Circuit Court, CR-2009-421,
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Att: 11
Exhibit J - Departure Report, State of Arkansas vs. Tommy S. Handy, Pulaski County Circuit Court,CR-2009-421
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| Thursday, March 16, 2017 | ||
| 6 | 6
notice
Notice of Appearance
Thu 03/16 9:09 AM
NOTICE of Appearance by Brooke Jackson Gasaway on behalf of Wendy Kelley (Gasaway, Brooke) |
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| Wednesday, March 08, 2017 | ||
| 5 | 5
order
Order Directing Service (State Habeas) ~Util - Terminate Motions
Wed 03/08 3:49 PM
ORDER granting1 motion for leave to proceed in forma pauperis and directing the Clerk of the Court to serve a copy of2 Petition for Writ of Habeas Corpus and this Order on the respondent and the Arkansas Attorney General by mail. Signed by Magistrate Judge Jerome T. Kearney on 03/08/2017. (rhm) |
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| Monday, March 06, 2017 | ||
| 4 | 4
misc
Notice of Reassignment
Mon 03/06 5:08 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on3 Order, the Clerk's office has reassigned the referral of this case to Magistrate Judge Jerome T. Kearney. (thd) |
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| 3 | 3
order
Order of Recusal
Mon 03/06 5:02 PM
ORDER OF RECUSAL by Magistrate Judge Joe Volpe. Entered at the direction of the Court on 3/6/2017. (lej) |
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| Wednesday, February 22, 2017 | ||
| 2 | 2
cmp
Petition for Writ of Habeas Corpus
Wed 02/22 3:06 PM
PETITION for Writ of Habeas Corpus filed by Tommy Handy.(mef) |
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| 1 | 1
motion
Proceed In Forma Pauperis
Wed 02/22 3:05 PM
MOTION for Leave to Proceed in forma pauperis filed by Tommy Handy. (mef) |
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