MCDANIEL v. TOBY
| Georgia Middle District Court | |
| Judge: | Marc T Treadwell |
| Referred: | Stephen Hyles |
| Case #: | 5:22-cv-00198 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Jun 01, 2022 |
| Terminated: | Dec 16, 2022 |
Petitioner
STEPHEN MARK MCDANIEL
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Respondent
ANNETTIA TOBY
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GPO
Nov 22 2022
ORDER The Court takes judicial notice of the court dockets in McDaniels state habeas proceedings. Specifically, the Court takes judicial notice of the date McDaniels motion for reconsideration (November 12, 2020) and motion to stay the remittitur (December 18, 2020) were filed with the Georgia Supreme Court 1 and the date the Richmond County Superior Court received the notice of remittitur (January 7, 2021). The parties have FOURTEEN (14) DAYS from the date of this order to object to these judicially noticed facts. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 11/22/2022. (Attachments: # (1) Richmond County Court Docket, # (2) Georgia Supreme Court Docket)(ggs) |
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GPO
Nov 22 2022
ORDER The Court takes judicial notice of the court dockets in McDaniels state habeas proceedings. Specifically, the Court takes judicial notice of the date McDaniels motion for reconsideration (November 12, 2020) and motion to stay the remittitur (December 18, 2020) were filed with the Georgia Supreme Court 1 and the date the Richmond County Superior Court received the notice of remittitur (January 7, 2021). The parties have FOURTEEN (14) DAYS from the date of this order to object to these judicially noticed facts. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 11/22/2022. (Attachments: # (1) Richmond County Court Docket, # (2) Georgia Supreme Court Docket)(ggs) |
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GPO
Dec 15 2022
ORDER ADOPTING 19 Report and Recommendations; GRANTING 9 Motion to Dismiss. McDaniel's habeas action is DISMISSED. As recommended by the Magistrate Judge, a certificate of appealability is DENIED. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 12/15/2022. (kat) |
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GPO
Jan 20 2023
ORDER DENYING 30 Motion for Reconsideration re 29 Judgment, 28 Order filed by STEPHEN MARK MCDANIEL. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 1/20/2023. (kat) |
| Docket last updated: 7 hours ago |
| Friday, June 09, 2023 | ||
| 35 | 35
appeal
USCA Order/Opinion NOT MANDATE
Fri 06/09 4:30 PM
USCA Order as to31 Notice of Appeal filed by STEPHEN MARK MCDANIEL(elp) |
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Att: 1
Cover Letter
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| Tuesday, March 21, 2023 | ||
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appeal
Electronic Availability of ROA
Tue 03/21 2:41 PM
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:31 Notice of Appeal. The entire record on appeal is available electronically (elp) |
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| Friday, January 20, 2023 | ||
| 34 | 34
2
pgs
order
Order on Motion for Reconsideration
Fri 01/20 8:52 AM
ORDER DENYING30 Motion for Reconsideration re29 Judgment,28 Order filed by STEPHEN MARK MCDANIEL. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 1/20/2023. (kat) |
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| Tuesday, January 17, 2023 | ||
| 33 | 33
appeal
USCA Case Number
Tue 01/17 4:59 PM
USCA Case Number 23-10148 C re31 Notice of Appeal filed by STEPHEN MARK MCDANIEL. (ggs) |
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| 32 | 32
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Tue 01/17 3:40 PM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re:29 Judgment,28 Order on Motion to Dismiss,, Order on Report and Recommendations,19 REPORT AND RECOMMENDATION re9 MOTION to Dismiss petition as untimely filed by ANNETTIA TOBY,31 Notice of Appeal Judge Appealed: Marc T. Treadwell. Court Reporter: NONE. Fee: NOT PAID. (ggs) |
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| 31 | 31
appeal
Notice of Appeal
Tue 01/17 3:36 PM
NOTICE OF APPEAL as to29 Judgment,28 Order on Motion to Dismiss, Order on Report and Recommendations, by STEPHEN MARK MCDANIEL.(ggs) |
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Att: 1
Envelope
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| Wednesday, January 04, 2023 | ||
| 30 | 30
motion
Reconsideration
Wed 01/04 3:32 PM
MOTION for Reconsideration re29 Judgment,28 Order on Motion to Dismiss,, Order on Report and Recommendations, Filed by STEPHEN MARK MCDANIEL.(ggs) |
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Att: 1
Envelope
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| Friday, December 16, 2022 | ||
| 29 | 29
order
Judgment
Fri 12/16 10:45 AM
JUDGMENT (vs) |
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| Thursday, December 15, 2022 | ||
| 28 | 28
6
pgs
order
Order on Motion to Dismiss Order on Report and Recommendations
Thu 12/15 2:39 PM
ORDER ADOPTING19 Report and Recommendations; GRANTING9 Motion to Dismiss. McDaniel's habeas action is DISMISSED. As recommended by the Magistrate Judge, a certificate of appealability is DENIED. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 12/15/2022. (kat) |
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| Wednesday, December 07, 2022 | ||
| 27 | 27
respoth
Response to Court Order
Wed 12/07 10:42 AM
RESPONSE to Court Order filed by STEPHEN MARK MCDANIEL re26 Order.(ggs) |
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Att: 1
Envelope
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| Tuesday, November 22, 2022 | ||
| 26 | 26
2
pgs
order
Order
Tue 11/22 2:48 PM
ORDER The Court takes judicial notice of the court dockets in McDaniels state habeas proceedings. Specifically, the Court takes judicial notice of the date McDaniels motion for reconsideration (November 12, 2020) and motion to stay the remittitur (December 18, 2020) were filed with the Georgia Supreme Court 1 and the date the Richmond County Superior Court received the notice of remittitur (January 7, 2021). The parties have FOURTEEN (14) DAYS from the date of this order to object to these judicially noticed facts. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 11/22/2022.(ggs) |
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Att: 1
Richmond County Court Docket,
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Att: 2
Georgia Supreme Court Docket
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| Friday, November 04, 2022 | ||
| 25 | 25
respoth
Objection to Report and Recommendations
Fri 11/04 11:17 AM
OBJECTION to19 Report and Recommendations filed by STEPHEN MARK MCDANIEL(ggs) |
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Att: 1
Envelope
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| Wednesday, October 26, 2022 | ||
| 24 | 24
notice
Notice (Other)
Wed 10/26 3:57 PM
NOTICE of Filing Exhibits by STEPHEN MARK MCDANIEL re22 Objection to Report and Recommendations(ggs) |
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Att: 1
Attachment 1 - Statement by Officer Dixon re legal mail logbook (10-21-22),
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Att: 2
Copy of enevlope from Supreme Court of GA to Stephen Mark McDaniel,
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Att: 3
Logbook entries,
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Att: 4
Envelope
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| Friday, October 21, 2022 | ||
| 22 | 22
respoth
Objection to Report and Recommendations
Fri 10/21 12:43 PM
INITIAL OBJECTION to19 Report and Recommendations filed by STEPHEN MARK MCDANIEL(ggs) |
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Att: 1
Envelope
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| 21 | 21
motion
Extension of Time to File Response/Reply/Objection
Fri 10/21 12:42 PM
MOTION for Extension of Time to File OBJECTION as to19 REPORT AND RECOMMENDATION re9 MOTION to Dismiss petition as untimely filed by ANNETTIA TOBY Filed by STEPHEN MARK MCDANIEL.. Motion(s) referred to STEPHEN HYLES.(ggs) |
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Att: 1
Envelope
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 10/21 1:35 PM
This is a text only entry; no document issued. ORDER granting21 Motion for Extension of Time to File OBJECTION. Petitioner shall have fourteen (14) days from the date of this Order to file supplemental objections. However, in light of the eight (8) pages taken up in the initial objections, any further objections are limited to twelve pages, front side only. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 10-21-22. (jdl) |
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| Tuesday, October 11, 2022 | ||
| 20 | 20
respm
Surreply Related to Motion
Tue 10/11 11:59 AM
SURREPLY filed by STEPHEN MARK MCDANIEL re9 MOTION to Dismiss petition as untimely(ggs) NOTE: Plaintiff does not have permission to file a surreply. Modified on 10/11/2022 to add note. (ggs) |
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Att: 1
Envelope
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| Thursday, October 06, 2022 | ||
| 19 | 19
motion
Report and Recommendation
Thu 10/06 1:59 PM
REPORT AND RECOMMENDATION re9 MOTION to Dismiss petition as untimely filed by ANNETTIA TOBY. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 10-6-21. (jdl) |
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| Thursday, September 29, 2022 | ||
| 18 | 18
notice
Notice (Other)
Thu 09/29 10:32 AM
NOTICE (Supplemental Notice of Filing) by ANNETTIA TOBY re 17 Order,(HILL, MEGHAN) |
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Att: 1
Exhibit Ex 9 a copy of the remittitur from the Georgia Supreme Courts denial of Petitioners certificate of probable cause to appeal, issued on January 7, 2021.
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| Monday, September 26, 2022 | ||
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order
Order
Mon 09/26 10:41 AM
This is a text only entry; no document issued. ORDER . Respondent is directed to file a copy of the Georgia Supreme Court remittitur in Case No. S20H0313 within ten (10) days. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 9-26-22. (jdl) |
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| Friday, September 23, 2022 | ||
| 16 | 16
respm
Reply to Response to Motion
Fri 09/23 6:17 AM
REPLY to Response filed by ANNETTIA TOBY re9 MOTION to Dismiss petition as untimely (HILL, MEGHAN) |
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| Friday, September 09, 2022 | ||
| 14 | 14
respm
Response to Motion
Fri 09/09 11:45 AM
RESPONSE filed by STEPHEN MARK MCDANIEL re9 MOTION to Dismiss petition as untimely(ggs) |
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Att: 1
Envelope
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order
Order for Response
Fri 09/09 12:07 PM
This is a text only entry; no document issued. ORDER for Reply to14 Response to9 Motion to Dismiss. Respondent shall have through and including September 23, 2022, to file a reply brief. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 9-9-22. (jdl) |
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| Friday, August 26, 2022 | ||
| 13 | 13
respm
Response to Motion
Fri 08/26 11:27 AM
RESPONSE filed by STEPHEN MARK MCDANIEL re9 MOTION to Dismiss petition as untimely.(ggs) |
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Att: 1
Envelope
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| Monday, August 15, 2022 | ||
| 12 | 12
misc
Brief (Not Related to Motion)
Mon 08/15 2:03 PM
BRIEF in Support, filed by Stephen Mark McDaniel re7 Amended Petition.(ggs) |
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Att: 1
Envelope
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| Tuesday, August 09, 2022 | ||
| 11 | 11
2
pgs
order
Order for Response to Motion
Tue 08/09 10:20 AM
ORDER for Response to9 MOTION to Dismiss petition as untimely filed by ANNETTIA TOBY. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 8-9-22. (jdl) |
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notice
Notice (Other)
Tue 08/09 9:51 AM
NOTICE of filing by ANNETTIA TOBY(HILL, MEGHAN) |
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Att: 1
Exhibit Ex 1 a copy of the indictment in Petitioners Bibb County criminal case.,
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Att: 2
Exhibit Ex 2 a copy of the April 21, 2014, final disposition from Petitioners Bibb County guilty plea.,
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Att: 3
Exhibit Ex 3 a copy of Petitioners state habeas corpus petition filed in Richmond County on February 20, 2018.,
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Att: 4
Exhibit Ex 4 a copy of the state habeas courts final order denying relief, filed on September 9, 2019.,
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Att: 5
Exhibit Ex 5 a copy of the Georgia Supreme Courts order denying Petitioners application for a certificate of probable cause to appeal on November 2, 2020.,
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Att: 6
Exhibit Ex 6 a copy of the Georgia Supreme Courts order denying Petitioners motion for reconsideration.,
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Att: 7
Exhibit Ex 7 a copy of the United States Supreme Court order, denying petition for certiorari on October 4, 2021.,
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Att: 8
Exhibit Ex 8 a copy of the United States Supreme Court denial of the petition for rehearing.
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| 9 | 9
motion
Dismiss
Tue 08/09 9:45 AM
MOTION to Dismiss petition as untimely by ANNETTIA TOBY filed by MEGHAN H HILL.. Motion(s) referred to STEPHEN HYLES.(HILL, MEGHAN) |
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Att: 1
Memorandum in Support Brief in support of motion to dismiss petition as untimely
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| 8 | 8
answer
Answer to Amended Complaint Response to Habeas Petition
Tue 08/09 9:42 AM
ANSWER to7 Amended Complaint/Petition,,1 Petition for Writ of Habeas Corpus, RESPONSE to7 Amended Complaint/Petition,,1 Petition for Writ of Habeas Corpus by ANNETTIA TOBY.(HILL, MEGHAN) |
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| Friday, July 15, 2022 | ||
| 7 | 7
cmp
Amended Complaint/Petition
Fri 07/15 11:57 AM
AMENDED1 Petition for Writ of Habeas Corpus against ANNETTIA TOBY by STEPHEN MARK MCDANIEL(tam) |
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Att: 1
Exhibit A- 8/17/2018 State Habeas Transcript Page 99,
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Att: 2
Exhibit B- Legal Information Request,
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Att: 3
Exhibit C- Email from Russell Nelston to D.A. Greg Winters,
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Att: 4
Exhibit D- 8/17/2018 State Habeas Transcript Page 915,
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Att: 5
Exhibit E- 8/17/2018 State Habeas Transcript Page 949,
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Att: 6
Exhibit F- 9-1-1 Call Center Report from June 30, 2011,
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Att: 7
Exhibit G- 11/30/2018 State Habeas Transcript Page 181,
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Att: 8
Exhibit H- 11/30/2018 State Habeas Transcript Page 117,
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Att: 9
Envelope
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| Thursday, June 16, 2022 | ||
| 6 | 6
notice
Notice of Attorney Appearance
Thu 06/16 8:55 AM
NOTICE of Attorney Appearance by PAULA K SMITH on behalf of ANNETTIA TOBY Attorney PAULA K SMITH added to party ANNETTIA TOBY(pty:res)(SMITH, PAULA) |
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| 5 | 5
notice
Notice of Attorney Appearance
Thu 06/16 8:51 AM
NOTICE of Attorney Appearance by MEGHAN H HILL on behalf of ANNETTIA TOBY Attorney MEGHAN H HILL added to party ANNETTIA TOBY(pty:res)(HILL, MEGHAN) |
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| Monday, June 13, 2022 | ||
| 4 | 4
2
pgs
order
Order Order for Response (Habeas Petition) Order to Amend/Recast/Supplement Complaint Order on Motion for Leave to Proceed In Forma Pauperis
Mon 06/13 4:43 PM
ORDER granting2 Motion for Leave to Proceed in forma pauperis. ORDER to Amend Petition. ORDER for Respondent to File Responsive Pleading. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 6-13-22. (jdl) |
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| Wednesday, June 01, 2022 | ||
| 3 | 3
1
pgs
order
Order Referring Case to Magistrate Judge
Wed 06/01 11:26 AM
ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. (tam) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Wed 06/01 11:25 AM
MOTION for Leave to Proceed in forma pauperis Filed by STEPHEN MARK MCDANIEL.. Motion(s) referred to STEPHEN HYLES.(tam) (tam) |
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Att: 1
(6/1/2022) Envelope
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Wed 06/01 11:24 AM
PETITION FOR WRIT OF HABEAS CORPUS , filed by STEPHEN MARK MCDANIEL.(tam) |
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Att: 1
Envelope
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