LEWIS v. BERRY
| Georgia Middle District Court | |
| Judge: | Clay D Land |
| Referred: | Stephen Hyles |
| Case #: | 4:17-cv-00065 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Mar 17, 2017 |
| Terminated: | Sep 17, 2018 |
Petitioner
DERRICK LAMAR LEWIS
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Petitioner
DERRICK LAMARK LEWIS SR
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Respondent
WALTER BERRY
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GPO
Jul 31 2018
REPORT AND RECOMMENDATION re 20 MOTION for Default Judgment as to.MOTION for Judgment on the Pleadings, 13 Amended Complaint, 21 MOTION for Summary Judgment, 22 MOTION for Summary Judgment, 1 Petition for Writ of Habeas Corpus filed by DERRICK LAMARK LEWIS, SR, 15 MOTION to Dismiss petition as untimely filed by WALTER BERRY. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 7-31-18. (bdd) |
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GPO
Sep 17 2018
ORDER granting 15 Motion to Dismiss; denying 20 Motion for Default Judgment; denying 20 Motion for Judgment on the Pleadings(); denying 21 Motion for Summary Judgment; denying 22 Motion for Summary Judgment; adopting 23 Report and Recommendations. Ordered by US DISTRICT JUDGE CLAY D. LAND on 9/17/2018 (tlf). |
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GPO
Jul 16 2019
ORDER denying motion to file an out-of-time appeal and denying 37 Motion for Leave to Appeal in forma pauperis as moot. Ordered by US DISTRICT JUDGE CLAY D. LAND on 7/16/2019 (tlf). |
| Docket last updated: 7 hours ago |
| Friday, May 01, 2020 | ||
| 40 | 40
appeal
Writ of Certiorari - Supreme Court
Fri 05/01 4:22 PM
WRIT OF CERTIORARI denied by US Supreme Court as to34 Notice of Appeal (tlf) |
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| Thursday, August 01, 2019 | ||
| 39 | 39
appeal
USCA Mandate
Thu 08/01 3:24 PM
MANDATE of USCA DISMISSING34 Notice of Appeal filed by DERRICK LAMARK LEWIS SR.(tlf) |
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Att: 1
Cover Letter
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| Wednesday, July 31, 2019 | ||
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appeal
Electronic Availability of ROA
Wed 07/31 9:07 AM
Pursuant to F.R.A.P 11(c) the Clerk of the District Court for the Middle District of Georgia certifies that the record is complete for purposes of this appeal re:34 Notice of Appeal. The entire record on appeal is available electronically (tlf) |
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| Tuesday, July 16, 2019 | ||
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3
pgs
order
Order on Motion for Leave to Appeal In Forma Pauperis
Tue 07/16 12:38 PM
ORDER denying motion to file an out-of-time appeal and denying37 Motion for Leave to Appeal in forma pauperis as moot. Ordered by US DISTRICT JUDGE CLAY D. LAND on 7/16/2019 (tlf) |
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| Tuesday, June 18, 2019 | ||
| 37 | 37
motion
Appeal In Forma Pauperis
Tue 06/18 10:31 AM
MOTION for Leave to Appeal in forma pauperis filed by DERRICK LAMARK LEWIS SR.. Motion referred to US MAGISTRATE JUDGE STEPHEN HYLES(tlf) |
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Att: 1
Trust Account Statement,
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Att: 2
motion sent to CCA-11,
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Att: 3
Envelope
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| Monday, June 03, 2019 | ||
| 36 | 36
appeal
USCA Case Number
Mon 06/03 11:49 AM
USCA Case Number 19-12065 B re34 Notice of Appeal filed by DERRICK LAMARK LEWIS, SR. (esl) |
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| Wednesday, May 29, 2019 | ||
| 35 | 35
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 05/29 3:19 PM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re:34 Notice of Appeal,25 Order,26 Judgment and28 REPORT AND RECOMMENDATION and30 Order. Judge Appealed: Clay D. Land. Court Reporter: N/A. Fee: Not Paid. (esl) |
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| Tuesday, May 28, 2019 | ||
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appeal
Notice of Appeal
Wed 05/29 3:08 PM
NOTICE OF APPEAL as to25 Order,26 Judgment and30 Order(esl) |
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Att: 1
Affidavit in support of "out of time" appeal,
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Att: 2
Request for Certificate of Appealability,
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Att: 3
Envelope
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| Tuesday, April 30, 2019 | ||
| 33 | 33
misc
Letter
Tue 04/30 10:18 AM
Letter dated 4/30/2019 from Clerk of Court to Petitioner in response to32 Letter. (tlp) |
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| Monday, April 29, 2019 | ||
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misc
Letter
Mon 04/29 2:26 PM
Letter from Petitioner as to case and not having judgment for a post-judgment report and recommendation.(tlp) |
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Att: 1
Envelope - Front,
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Att: 2
Envelope - Back
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| Monday, January 14, 2019 | ||
| 31 | 31
misc
Mail Returned
Mon 01/14 11:07 AM
Mail Returned -30 Order on Motion to Amend/Correct, Order on Report and Recommendations sent to Derrick Lamark Lewis Sr. returned as undeliverable. (tlf) |
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| Thursday, December 27, 2018 | ||
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1
pgs
order
Order on Motion to Amend/Correct Order on Report and Recommendations
Thu 12/27 10:28 AM
ORDER adopting28 Report and Recommendations denying27 Motion to Amend/Correct. Ordered by US DISTRICT JUDGE CLAY D. LAND on 12/27/2018 (tlf) |
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| Wednesday, November 14, 2018 | ||
| 29 | 29
respoth
Objection to Report and Recommendations
Wed 11/14 2:43 PM
OBJECTION to28 Report and Recommendations filed by DERRICK LAMARK LEWIS SR.(tlf) |
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Att: 1
Envelope
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| Monday, October 29, 2018 | ||
| 28 | 28
motion
Report and Recommendation
Mon 10/29 10:48 AM
REPORT AND RECOMMENDATION re27 MOTION to Amend/Correct26 Judgment filed by DERRICK LAMARK LEWIS, SR. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 10-29-18. (bdd) |
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| Friday, October 19, 2018 | ||
| 27 | 27
motion
Amend/Correct
Fri 10/19 2:36 PM
MOTION to Amend/Correct26 Judgment filed by DERRICK LAMARK LEWIS SR.. Motion referred to US MAGISTRATE JUDGE STEPHEN HYLES (tlf) |
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Att: 1
Southern District of Georgia Documents,
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Att: 2
Envelope
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| Monday, September 17, 2018 | ||
| 26 | 26
order
Judgment
Mon 09/17 1:57 PM
JUDGMENT dismissing case (tlf) |
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| 25 | 25
1
pgs
order
Order on Motion to Dismiss Order on Motion for Default Judgment Order on Motion for Judgment on the Pleadings Order on Motion for Summary Judgment Order on Report and Recommendations
Mon 09/17 1:10 PM
ORDER granting15 Motion to Dismiss; denying20 Motion for Default Judgment; denying20 Motion for Judgment on the Pleadings(); denying21 Motion for Summary Judgment; denying22 Motion for Summary Judgment; adopting23 Report and Recommendations. Ordered by US DISTRICT JUDGE CLAY D. LAND on 9/17/2018 (tlf) |
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| Tuesday, August 21, 2018 | ||
| 24 | 24
respoth
Objection to Report and Recommendations
Tue 08/21 10:17 AM
OBJECTION to23 Report and Recommendations filed by DERRICK LAMARK LEWIS SR.(tlf) |
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Att: 1
Envelope
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| Tuesday, July 31, 2018 | ||
| 23 | 23
motion
Report and Recommendation
Tue 07/31 11:47 AM
REPORT AND RECOMMENDATION re20 MOTION for Default Judgment as to.MOTION for Judgment on the Pleadings,13 Amended Complaint,21 MOTION for Summary Judgment,22 MOTION for Summary Judgment,1 Petition for Writ of Habeas Corpus filed by DERRICK LAMARK LEWIS, SR,15 MOTION to Dismiss petition as untimely filed by WALTER BERRY. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 7-31-18. (bdd) |
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| Tuesday, July 03, 2018 | ||
| 22 | 22
motion
Summary Judgment
Tue 07/03 12:36 PM
SUPPLEMENTAL MOTION for Summary Judgment/Judgment to be entered as to20 amd21 Motions filed by DERRICK LAMARK LEWIS, SR. . Motion(s) referred to STEPHEN HYLES.(glg) |
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Att: 1
Envelope
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| Tuesday, March 20, 2018 | ||
| 21 | 21
motion
Summary Judgment
Tue 03/20 1:40 PM
MOTION for Summary Judgment filed by DERRICK LAMARK LEWIS SR.. Motion referred to US MAGISTRATE JUDGE STEPHEN HYLES(tlf) |
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Att: 1
Envelope
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| Wednesday, December 06, 2017 | ||
| 20 | 20
motion
Default Judgment Judgment on the Pleadings
Wed 12/06 2:30 PM
MOTION for Default Judgment and MOTION for Judgment on the Pleadingsfiled by DERRICK LAMARK LEWIS SR.. Motion referred to US MAGISTRATE JUDGE STEPHEN HYLES(tlf) |
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Att: 1
Exhibit s 2 though 4 (There was no 1) - State Court Documents
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| 19 | 19
notice
Notice (Other)
Wed 12/06 2:27 PM
NOTICE of Default by DERRICK LAMARK LEWIS SR. (tlf) |
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| 18 | 18
respm
Response to Motion
Wed 12/06 2:26 PM
RESPONSE filed by DERRICK LAMARK LEWIS, SR re15 MOTION to Dismiss petition as untimely(tlf) |
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Att: 1
Envelope
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| Thursday, October 26, 2017 | ||
| 17 | 17
2
pgs
order
Order for Response to Motion
Thu 10/26 11:25 AM
ORDER for Response to Motion re:15 MOTION to Dismiss petition as untimely filed by WALTER BERRY. Plaintiff is ordered to respond within thirty (30) days. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 10-26-17. (bdd) |
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| Tuesday, October 10, 2017 | ||
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notice
Notice (Other)
Tue 10/10 11:15 AM
NOTICE of filing by WALTER BERRY(REA, JASON) |
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Att: 1
Exhibit Ex 1 a copy of the final disposition filed December 21, 2010 in Petitioners criminal case.,
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Att: 2
Exhibit Ex 2 a copy of the state habeas corpus petition filed on January 22, 2014.,
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Att: 3
Exhibit Ex 3 a copy of the state habeas courts final order denying relief, filed on April 7, 2015.,
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Att: 4
Exhibit Ex 4 a copy of the Georgia Supreme Courts denial of Petitioners application for a certificate of probable cause to appeal, filed on September 8, 2015.,
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Att: 5
Exhibit Ex 5 a copy of the Georgia Supreme Courts dismissal of Petitioners motion for reconsideration.,
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Att: 6
Exhibit Ex 6 a copy of the Georgia Supreme Courts order not allowing Petitioners second motion for reconsideration to be filed.
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| 15 | 15
motion
Dismiss
Tue 10/10 11:02 AM
MOTION to Dismiss petition as untimely by WALTER BERRY filed by JASON MATTHEW REA.. Motion(s) referred to STEPHEN HYLES.(REA, JASON) |
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Att: 1
Memorandum in Support Brief in support of motion to dismiss petition as untimely
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answer
Answer to Amended Complaint Response to Habeas Petition
Tue 10/10 10:59 AM
ANSWER to13 Amended Complaint,1 Petition for Writ of Habeas Corpus, RESPONSE to13 Amended Complaint,1 Petition for Writ of Habeas Corpus by WALTER BERRY. Related document:13 Amended Complaint filed by DERRICK LAMARK LEWIS, SR,1 Petition for Writ of Habeas Corpus filed by DERRICK LAMARK LEWIS, SR.(REA, JASON) |
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| Friday, September 15, 2017 | ||
| 13 | 13
cmp
Amended Complaint
Fri 09/15 4:35 PM
AMENDED1 Petition for Writ of Habeas Corpus against WALTER BERRY by DERRICK LAMARK LEWIS, SR(glg) |
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Att: 1
Envelope
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| Wednesday, September 06, 2017 | ||
| 12 | 12
misc
Letter
Wed 09/06 1:26 PM
Letter from petitioner requesting copy of petition. Copy of petition mailed as the copy fee was paid in Macon(tlf) |
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Att: 1
Envelope
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| Wednesday, August 23, 2017 | ||
| 11 | 11
notice
Notice of Attorney Appearance
Wed 08/23 11:21 AM
NOTICE of Attorney Appearance by PAULA K SMITH on behalf of WALTER BERRY Attorney PAULA K SMITH added to party WALTER BERRY(pty:res) (SMITH, PAULA) |
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notice
Notice of Attorney Appearance
Wed 08/23 11:16 AM
NOTICE of Attorney Appearance by JASON MATTHEW REA on behalf of WALTER BERRY Attorney JASON MATTHEW REA added to party WALTER BERRY(pty:res) (REA, JASON) |
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| Thursday, August 10, 2017 | ||
| 9 | 9
order
Order
Thu 08/10 2:53 PM
ORDER for Petitioner to further amend his petition to include every unalleged possible constitutional error or deprivation entitling him to federal habeas corpus relief within thirty (30) days of the date of this Order. ORDER for Respondent to file an answer to the allegations of the petition and any amendments within sixty (60) days after service of this Order and in compliance with Rule 5 of the Rules Governing Section 2254 Cases. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 8/10/2017. (efw) |
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| Wednesday, August 09, 2017 | ||
| 8 | 8
misc
Letter
Wed 08/09 4:52 PM
Letter from Clerk's Office responding to request for copy of Petition re7 Letter,1 Petition for Writ of Habeas Corpus. Mailed to Petitoner on August 9, 2017 (glg) |
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| 7 | 7
misc
Letter
Wed 08/09 4:48 PM
Letter from Petitioner regarding request for copy of petition re1 Petition for Writ of Habeas Corpus(glg) |
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Att: 1
Envelope
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| Thursday, May 25, 2017 | ||
| 6 | 6
misc
Letter
Thu 05/25 1:47 PM
Letter from plaintiff to judge regarding status of case(tlf) |
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Att: 1
Envelope
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| Friday, May 05, 2017 | ||
| 5 | 5
misc
Letter
Fri 05/05 4:12 PM
Letter from Petitioner concerning payment of filing fee.(tlp) |
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Att: 1
Envelope
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| Friday, April 21, 2017 | ||
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misc
Filing Fee Paid
Fri 04/21 9:53 AM
Habeas fling fee of $5.00 paid. Receipt number 41632 (tlf) |
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| Wednesday, April 12, 2017 | ||
| 4 | 4
order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 04/12 9:41 AM
ORDER denying2 Motion for Leave to Proceed in forma pauperis and ordering Petitioner to pay the $5.00 filing fee within fourteen (14) days. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 4/12/2017 (efw) |
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| Monday, March 20, 2017 | ||
| 3 | 3
order
Order Referring Case to Magistrate Judge
Mon 03/20 11:11 AM
ORDER REFERRING CASE to Magistrate Judge Hyles issued at the direction of the Court (tlf) |
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| Friday, March 17, 2017 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Mon 03/20 11:11 AM
MOTION for Leave to Proceed in forma pauperis filed by DERRICK LAMARK LEWIS SR. Motion referred to U.S. MAGISTRATE JUDGE STEPHEN HYLES(tlf) |
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Att: 1
Trust Account Statement
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Mon 03/20 11:08 AM
PETITION FOR WRIT OF HABEAS CORPUS filed by DERRICK LAMARK LEWIS SR.(tlf) |
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Att: 1
Envelope
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