Evans v. Coffee Correctional Facility
| Georgia Northern District Court | |
| Judge: | Richard W Story |
| Referred: | J Clay Fuller |
| Case #: | 2:24-cv-00070 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Jan 16, 2024 |
| Terminated: | May 23, 2024 |
| Last checked: Thursday Apr 11, 2024 11:05 PM EDT |
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Petitioner
Charles Raymond Evans, III
GDC# 408888 Coffee Correctional Facility P.O. Box 650
Nicholls, GA 31554 |
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Respondent
Warden Danforth
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| TERMINATED PARTIES | |
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Respondent
Coffee Correctional Facility
Terminated: 04/04/2024
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| Docket last updated: 05/09/2025 11:59 PM EDT |
| Thursday, May 23, 2024 | ||
| 11 | 11
misc
Judgment - Clerk
Thu 05/23 9:48 AM
CLERK'S JUDGMENT entered dismissing petition without prejudice. (ddm) |
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| 10 | 10
2
pgs
order
Order on Final Report and Recommendation
Thu 05/23 9:45 AM
ORDER ADOPTING the8 Final Report and Recommendation as the opinion and order of this Court and DISMISSING this action without prejudice for lack of exhaustion, § 2254(b)(1). Signed by Judge Richard W. Story on 05/23/2024. (ddm) |
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utility
Clerks Certificate of Mailing
Thu 05/23 9:49 AM
Clerk's Certificate of Mailing as to Charles Raymond Evans, III re10 Order,11 Clerk's Judgment. (ddm) |
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utility
Terminate Civil Case
Thu 05/23 9:50 AM
Civil Case Terminated. (ddm) |
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| Tuesday, May 21, 2024 | ||
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utility
Submission to District Judge
Tue 05/21 3:20 PM
Submission of8 FINAL REPORT AND RECOMMENDATION re6 Amended Petition for Writ of Habeas Corpus, filed by Charles Raymond Evans, III, to District Judge Richard W. Story. (sk) |
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| Friday, May 03, 2024 | ||
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2
pgs
order
Order for Service of Report and Recommendation
Fri 05/03 10:10 AM
ORDER for Service of8 Final Report and Recommendation by Magistrate Judge J. Clay Fuller. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge J. Clay Fuller on 05/03/2024. (ddm) |
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motion
Report and Recommendation - Final
Fri 05/03 10:09 AM
FINAL REPORT AND RECOMMENDATION RECOMMENDING that the amended § 2254 petition be DISMISSED WITHOUT PREJUDICE for lack of exhaustion. It is further RECOMMENDED that a certificate of appealability be DENIED. Signed by Magistrate Judge J. Clay Fuller on 05/03/2024. (ddm) |
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utility
Clerks Certificate of Mailing
Fri 05/03 10:11 AM
Clerk's Certificate of Mailing as to Charles Raymond Evans, III re9 Order for Service of Report and Recommendation,8 Final Report and Recommendation. (ddm) |
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| Wednesday, April 10, 2024 | ||
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utility
Clerks Certificate of Mailing
Wed 04/10 8:26 AM
Clerk's Certificate of Mailing as to Charles Raymond Evans, III re7 Order. (ces) |
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| Tuesday, April 09, 2024 | ||
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3
pgs
order
Order
Wed 04/10 8:26 AM
ORDER: The Court TRANSFERS this action to the Gainesville Division of the United States District Court for the Northern District of Georgia for further proceedings. Signed by Magistrate Judge Justin S. Anand on 4/9/24. (ces) |
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transfer
Case Transferred In - Divisional Transfer
Wed 04/10 8:46 AM
Case transferred in from Atlanta Division. Case Number 1:24-cv-212. Case assigned to Judge Richard W. Story and Magistrate Judge J. Clay Fuller. (ces) |
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| Thursday, April 04, 2024 | ||
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AMENDED PETITION for Writ of Habeas Corpus re:1 Petition for Writ of Habeas Corpus filed by Charles Raymond Evans, III. (pdt) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
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| Monday, April 01, 2024 | ||
| Submission of5 Order ruling on IFP,,, Set Submission Deadline,,, to Magistrate Judge Justin S. Anand. (mlb) | ||
| Wednesday, February 28, 2024 | ||
| 5 | 5
ORDER: Petitioner's request to proceed in forma pauperis4 is GRANTED. IT IS FURTHER ORDERED that, within thirty (30) days of the date of this Order Petitioner should file a motion for voluntary dismissal or, should Petitioner choose to proceed with a §2254 habeas petition, file an amended petition using the form that the Clerk of Court will send him. The Clerk of the Court is DIRECTED to forward the proper forms for filing a §2254 petition. The Clerk is FURTHER DIRECTED to resubmit the petition to the undersigned Magistrate Judge upon the expiration of the aforementioned time period. Signed by Magistrate Judge Justin S. Anand on 2/28/24. (ces)
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| Clerk's Certificate of Mailing as to Charles Raymond Evans, III re5 Order. Forms sent to party: 28:2254 Form. (ces) | ||
| Wednesday, February 21, 2024 | ||
| Submission of4 Affidavit and Authorization for withdrawal from Inmate Account, to Magistrate Judge Justin S. Anand. (ces) | ||
| Tuesday, February 20, 2024 | ||
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Affidavit and Authorization for withdrawal from Inmate Account by Charles Raymond Evans, III. (ces)
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| Tuesday, January 30, 2024 | ||
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ORDER REASSIGNING CASE. Case reassigned to Judge Eleanor L. Ross for all further proceedings. Judge Amy Totenberg no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:24-cv-212-ELR-JSA. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Amy Totenberg on 1/30/2024. (dob)
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| Submission of1 Petition for Writ of Habeas Corpus, to Magistrate Judge Justin S. Anand. (dob) | ||
| Clerk's Certificate of Mailing as to Charles Raymond Evans, III re3 Order Reassigning Case,. (dob) | ||
| Thursday, January 25, 2024 | ||
| Clerk's Certificate of Mailing as to Charles Raymond Evans, III re2 Order, affidavit and authorization form, and 2254 petition. (jpa) | ||
| Wednesday, January 24, 2024 | ||
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ORDER directing Petitioner to file a motion for voluntary dismissal within 30 days if he wishes to withdraw his pleading. If petitioner wishes to proceed, he must pay the $5 statutory filing fee or submit an Affidavit and Authorization allowing Custodian to withdraw funds from Inmate Account within 30 days. Petitioner is also directed to file an amended 2254 petition. Petitioner is advised that a failure to comply with the Courts instructions in this Order may result in dismissal of this action. Signed by Magistrate Judge Justin S. Anand on 1/24/24. (jpa)
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| Thursday, January 18, 2024 | ||
| Submission of1 Petition for Writ of Habeas Corpus to Magistrate Judge Justin S. Anand for IFP and frivolity determination. (ane) | ||
| Tuesday, January 16, 2024 | ||
| 1 | 1
PETITION for Writ of Habeas Corpus filed by Charles Raymond Evans, III.(ane) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
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Att: 1
Civil Cover Sheet
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