Whitaker v. Laughlin
| Georgia Southern District Court | |
| Judge: | J Randal Hall |
| Referred: | Brian K Epps |
| Case #: | 1:21-cv-00092 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Jun 01, 2021 |
| Terminated: | Dec 02, 2021 |
| Last checked: Friday Jun 11, 2021 11:07 PM EDT |
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Notice Only Party
Attorney General State of Georgia (Notice Only)
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Petitioner
Jermaine Andra Whitaker
918245 Wheeler Correctional Facility P.O. Box 466
Alamo, GA 30411 |
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Respondent
Commissioner Timothy C. Ward
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| TERMINATED PARTIES | |
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Respondent
Warden Vance Laughlin
Terminated: 06/11/2021
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| Docket last updated: 09/20/2026 11:59 PM EDT |
| Friday, June 10, 2022 | ||
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appeal
USCA Order
Fri 06/10 4:04 PM
ORDER of USCA as to18 Notice of Appeal filed by Jermaine Andra Whitaker. Whitaker's Motion for reconsideration is denied. (jlh) |
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| Tuesday, May 10, 2022 | ||
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pgs
order
Order
Tue 05/10 9:01 AM
ORDER re21 USCA Mandate. IT IS HEREBY ORDERED that the order of the United States Court of Appeals for the Eleventh Circuit is made the order of this Court. Signed by Chief Judge J. Randal Hall on 5/10/22. (loh) |
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| Wednesday, May 04, 2022 | ||
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appeal
USCA Mandate
Wed 05/04 11:40 AM
MANDATE of USCA as to18 Notice of Appeal filed by Jermaine Andra Whitaker. Appellant is denied a COA in this case. (jlh) |
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| Tuesday, December 28, 2021 | ||
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appeal
USCA Case Number
Tue 12/28 3:10 PM
USCA Case Number 21-14467 A for18 Notice of Appeal filed by Jermaine Andra Whitaker. (ca) |
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appeal
FRAP Certificate of Readiness
Tue 12/28 3:48 PM
F.R.A.P. Certificate of Readiness re18 Notice of Appeal. The entire record on appeal is available electronically . (JH) |
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| Tuesday, December 21, 2021 | ||
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appeal
USCA Appeal Fees
Tue 12/21 1:30 PM
USCA Appeal Fees received $ 505.00 receipt number AUG030199 re18 Notice of Appeal filed by Jermaine Andra Whitaker. (jlh) |
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| Friday, December 17, 2021 | ||
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 12/17 3:35 PM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re:16 Order Adopting Report and Recommendations,18 Notice of Appeal,17 Clerk's Judgment. Other Appeals: No. Judge Appealed: Chief Judge J. Randal Hall. Court Reporter: No hearing. Fee Paid: No. Pending COA/IFP: Petitioner is not entitled to appeal in forma pauperis.(ca) |
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Att: 1
ROA
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appeal
Notice of Appeal
Fri 12/17 3:17 PM
NOTICE OF APPEAL as to16 Order Adopting Report and Recommendations,17 Clerk's Judgment by Jermaine Andra Whitaker. (ca) |
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| Thursday, December 02, 2021 | ||
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order
Judgment - Clerk
Thu 12/02 1:31 PM
CLERK'S JUDGMENT in favor of Timothy C. Ward against Jermaine Andra Whitaker. Signed by Deputy Clerk on 12/02/2021. (jlh) |
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pgs
order
Order Adopting Report and Recommendations
Thu 12/02 1:22 PM
ORDER ADOPTING the13 REPORT AND RECOMMENDATIONS as the Court's opinion, overruling Petitioner's15 Objections, granting Respondent's6 Motion to Dismiss, dismissing as untimely the1 Petition brought pursuant to 28 U.S.C. § 2254, denying a COA in this case in which Petition is not entitled to appeal IFP, directing final judgment be entered in favor of Respondent, and closing this civil action. Signed by Chief Judge J. Randal Hall on 12/02/2021. (jlh) Modified on 12/2/2021 (jlh) |
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| Monday, November 08, 2021 | ||
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respoth
Objection to Report and Recommendations
Mon 11/08 10:42 AM
OBJECTION to13 Report and Recommendations by Jermaine Andra Whitaker. (ca) |
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| Wednesday, October 20, 2021 | ||
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pgs
order
Order
Wed 10/20 8:40 AM
ORDER directing the13 REPORT AND RECOMMENDATIONS be served on all parties. Signed by Magistrate Judge Brian K. Epps on 10/20/2021. (jlh) |
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| 13 | 13
motion
Report and Recommendations
Wed 10/20 8:39 AM
REPORT AND RECOMMENDATIONS that Respondent's6 MOTION to Dismiss be granted, the1 Petition for Writ of Habeas Corpus be dismissed as untimely, and a final judgment be entered in favor of Respondent. Objections to R&R due by 11/8/2021. Signed by Magistrate Judge Brian K. Epps on 10/20/2021. (jlh) |
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| Friday, September 24, 2021 | ||
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respoth
Response
Fri 09/24 10:45 AM
RESPONSE to6 MOTION to Dismiss petition as untimely filed by Timothy C. Ward by Jermaine Andra Whitaker. (ca) |
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| Friday, September 10, 2021 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Fri 09/10 9:43 AM
Set/Reset Deadlines as to6 MOTION to Dismiss petition as untimely . Responses due by 9/23/2021. (thb) |
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| Thursday, September 09, 2021 | ||
| 11 | 11
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pgs
order
Order ~Util - Set Deadlines
Thu 09/09 3:14 PM
ORDER resetting Petitioner's fourteen-day deadline to file a response to Respondent's6 MOTION to Dismiss petition as untimely filed by Timothy C. Ward. (Compliance due by 9/23/2021). Signed by Magistrate Judge Brian K. Epps on 9/9/21. (wwp) |
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| Tuesday, September 07, 2021 | ||
| 10 | 10
misc
Mail Returned
Tue 09/07 4:59 PM
Mail Returned as Undeliverable.9 Order sent to Jermaine Andra Whitaker on 8/25/2021. (maa) |
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| Wednesday, August 25, 2021 | ||
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pgs
order
Order
Wed 08/25 12:23 PM
ORDER re:6 MOTION to Dismiss. The Court Orders Petitioner to file a response to the motion to dismiss within fourteen days. Signed by Magistrate Judge Brian K. Epps on 8/25/2021. (csr) |
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utility
Set Motion and R&R Deadlines/Hearings
Wed 08/25 12:25 PM
Set/Reset Deadlines as to6 MOTION to Dismiss petition as untimely . Responses due by 9/8/2021. (csr) |
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utility
Set/Reset Deadlines
Wed 08/25 1:20 PM
Set/Reset Deadlines: Notify chambers of status of case on 9/8/2021 pursuant to order9 . (slt) |
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| Thursday, August 12, 2021 | ||
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notice
Brief in Support/Opposition of Motion
Thu 08/12 10:22 AM
Brief in Support of Petition for Writ of Habeas Corpus, filed by Jermaine Andra Whitaker. (jlh) |
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| Thursday, August 05, 2021 | ||
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notice
Notice of Filing
Thu 08/05 2:08 PM
NOTICE of Filing by Timothy C. Ward(Hill, Meghan) |
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Att: 1
Exhibit Ex 1 a copy of the Georgia Court of Appeals opinion, affirming Petitioners convictions and sentences in Whitaker v. State, No. A16A1085 (Ga. App. Oct. 26, 2016) (unpublished).,
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Att: 2
Exhibit Ex 2 a copy of the appellants brief filed in Petitioners direct appeal.,
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Att: 3
Exhibit Ex 3 a copy of Petitioners state habeas corpus petition, filed in Johnson County on October 26, 2017.,
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Att: 4
Exhibit Ex 4 a copy of Petitioners amendment to his state habeas corpus petition.,
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Att: 5
Exhibit Ex 5 a copy of the habeas corpus courts final order, denying relief on August 4, 2020.,
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Att: 6
Exhibit Ex 6 a copy of the Georgia Supreme Courts order denying Petitioners application for a certificate of probable cause to appeal on February 1, 2021.,
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Att: 7
Exhibit Ex 7 a copy of the remittitur, issued on March 4, 2021.
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motion
Dismiss
Thu 08/05 2:04 PM
MOTION to Dismiss petition as untimely by Timothy C. Ward. Responses due by 8/19/2021.(Hill, Meghan) |
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Att: 1
Briefs in support of motion to dismiss petition as untimely
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answer
Response to Habeas Petition
Thu 08/05 2:02 PM
Answer- RESPONSE to Petition for Writ of Habeas Corpus by Timothy C. Ward.(Hill, Meghan) |
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utility
Motions Referred
Thu 08/05 2:47 PM
MOTIONS REFERRED:6 MOTION to Dismiss petition as untimely. (slt) |
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| Friday, June 11, 2021 | ||
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3
pgs
order
Order ~Util - Set Deadlines
Fri 06/11 1:38 PM
ORDER directing Respondent to answer in writing the allegations and address the timeliness of the1 Petition within sixty days of the date of this Order. Vance Laughlin answer due 8/10/2021. Signed by Magistrate Judge Brian K. Epps on 06/11/2021. (jlh) |
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utility
Set/Reset Deadlines
Fri 06/11 3:52 PM
Set/Reset Deadlines: Timothy C. Ward answer due 8/10/2021. (slt) |
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| Thursday, June 10, 2021 | ||
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pgs
order
Order
Thu 06/10 10:29 AM
ORDER transferring the1 Petition for Writ of Habeas Corpus to the Augusta Division as Civil Action Number CV121-092. Signed by Magistrate Judge Brian K. Epps on 6/10/2021. (ca) |
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| Monday, June 07, 2021 | ||
| Filing fee: $5.00, receipt number AUG029466. (maa) | ||
| Tuesday, June 01, 2021 | ||
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NOTICE of Filing Deficiency re1 Petition for Writ of Habeas Corpus. Set/Reset Deadlines: Compliance due by 6/22/2021.(ca)
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Att: 1
IFP form
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PETITION for Writ of Habeas Corpus, filed by Jermaine Andra Whitaker.(ca) Modified on 6/10/2021 (cmr).
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