Kelley v. Fikes
| Georgia Southern District Court | |
| Judge: | Lisa G Wood |
| Referred: | Benjamin W Cheesbro |
| Case #: | 2:23-cv-00011 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (Federal) |
| Case Filed: | Jan 17, 2023 |
| Terminated: | Jan 30, 2024 |
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| Docket last updated: 09/23/2026 11:59 PM EDT |
| Tuesday, January 30, 2024 | ||
| 16 | 16
order
Judgment
Tue 01/30 8:52 AM
JUDGMENT entered granting Respondent's motion to dismiss, dismissing Petitioner's 28 U.S.C. § petition without prejudice and denying Petitioner's in forma pauperis status on appeal. This case stand closed. Signed by Judge Lisa G. Wood on 1/29/24. (wwp) |
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| Thursday, January 25, 2024 | ||
| 15 | 15
1
pgs
order
Order Adopting Report and Recommendations
Thu 01/25 2:06 PM
ORDER ADOPTING14 REPORT AND RECOMMENDATIONS as the Court's opinion, granting Respondent's8 Motion to Dismiss, dismissing without prejudice Kelly's 28 U.S.C. § 22411 Petition, directing the Clerk of Court to close this case and enter the appropriate judgment of dismissal, and deny Kelly IFP status on appeal. Signed by Judge Lisa G. Wood on 01/25/2024. (jlh) |
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| Wednesday, January 03, 2024 | ||
| 14 | 14
motion
Report and Recommendations
Wed 01/03 8:58 AM
REPORT AND RECOMMENDATIONS that the Court grant Respondent's8 MOTION to Dismiss, dismiss without prejudice Kelly's1 Petition for Writ of Habeas Corpus, direct the Clerk of Court to close this case and enter the appropriate judgment of dismissal, and deny Kelley IFP status on appeal. Objections to R&R due by 1/17/2024. Signed by Magistrate Judge Benjamin W. Cheesbro on 01/03/2024. (jlh) |
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| Thursday, March 23, 2023 | ||
| 13 | 13
notice
Notice (Other)
Thu 03/23 2:05 PM
NOTICE of Intervening Relevant Authority by Frank D. Kelley. (kjm) |
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| Thursday, March 16, 2023 | ||
| 12 | 12
respm
Response in Opposition to Motion
Thu 03/16 9:59 AM
RESPONSE in Opposition re8 MOTION to Dismiss filed by Frank D. Kelley. (gmh) |
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| Tuesday, March 14, 2023 | ||
| 11 | 11
service
U.S. Marshal Return of Service
Tue 03/14 2:17 PM
U.S. Marshal Return Executed as to Attorney General of the U.S. on 2/22/23. No Cert. card received. (wwp) |
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| Friday, March 03, 2023 | ||
| 10 | 10
1
pgs
order
Order
Fri 03/03 2:39 PM
ORDER directing the Petitioner to file a response to Respondent's8 MOTION to Dismiss within 14 days. Signed by Magistrate Judge Benjamin W. Cheesbro on 3/3/2023. (ca) |
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| 9 | 9
service
Certificate of Service
Fri 03/03 1:31 PM
CERTIFICATE OF SERVICE by Jeffry Fikes re8 MOTION to Dismiss (Leithart, Otto) |
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| 8 | 8
motion
Dismiss
Fri 03/03 9:51 AM
MOTION to Dismiss by Jeffry Fikes. Responses due by 3/17/2023.(Leithart, Otto) |
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Att: 1
Exhibit Littlejohn Declaration,
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Att: 2
Exhibit Criminal Judgment,
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Att: 3
Exhibit R&R in Newell v. Fikes
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utility
Motions Referred
Fri 03/03 10:55 AM
MOTIONS REFERRED:8 MOTION to Dismiss. (thb) |
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utility
Set Motion and R&R Deadlines/Hearings
Fri 03/03 2:40 PM
Reset Deadline as to8 MOTION to Dismiss. Responses due by 3/17/2023. (ca) |
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| Friday, February 24, 2023 | ||
| 7 | 7
service
U.S. Marshal Return of Service USMS Service Remark
Fri 02/24 1:12 PM
U.S. Marshal Return Executed as to U.S. Attorney Civil process Clerk on 2/21/23. USMS Service Remark - Certificate of Service was signed by Sharon Bennett on 2/21/23. (wwp) |
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| 6 | 6
service
U.S. Marshal Return of Service USMS Service Remark
Fri 02/24 1:06 PM
U.S. Marshal Return Executed as to Jeffry Fikes on 2/17/23. USMS Service Remark - Certificate of Service was signed by B.C. on 2/17/23 (wwp) Modified on 2/24/2023 (wwp) |
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utility
Set/Reset Deadlines
Fri 02/24 1:21 PM
Set/Reset Deadlines: Jeffry Fikes answer due 3/14/2023. (wwp) |
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| Wednesday, February 08, 2023 | ||
| 5 | 5
2
pgs
order
Order Directing USMS Service of Process
Wed 02/08 2:33 PM
ORDER Directing USMS Service of Process of1 Petition for Writ of Habeas Corpus filed by Frank D. Kelley and a copy of this Order upon the Attorney General of the United States, the Respondent and the United States Attorney for the Southern District of Georgia. Signed by Magistrate Judge Benjamin W. Cheesbro on 2/8/2023. (gmh) |
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Att: 1
USM 285 - Attorney General,
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Att: 2
USM 285 - Respondent,
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Att: 3
USM 285 - Civil Process Clerk
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utility
Set/Reset Deadlines
Wed 02/08 2:45 PM
Set/Reset Deadlines: Compliance re:5 Order due by 2/11/2023. (gmh) |
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| Monday, February 06, 2023 | ||
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misc
Filing Fee Received
Mon 02/06 11:41 AM
Filing fee received: $5.00, receipt number 200000328. (gmh) |
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| Thursday, January 19, 2023 | ||
| 4 | 4
1
pgs
order
Order on Motion for Extension of Time
Thu 01/19 9:22 AM
ORDER granting in part3 Motion for Extension of Time to pay filing fee. The Court will allow Petitioner an additional 14 days to either pay the requisite fee or move for leave to proceed in forma pauperis, up to and including February 21, 2023. Signed by Magistrate Judge Benjamin W. Cheesbro on 01/19/2023. (jlh) |
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utility
Set/Reset Deadlines
Thu 01/19 10:18 AM
Set/Reset Deadlines: Compliance re4 Order due by 2/21/2023. (jlh) |
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| Tuesday, January 17, 2023 | ||
| 3 | 3
motion
Extension of Time
Tue 01/17 2:08 PM
MOTION for Extension of Time to Pay the Filing Fee, by Frank D. Kelley. Responses due by 1/31/2023. REFERRED to Judge Benjamin W. Cheesbro. (pts) |
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| 2 | 2
notice
Notice (Other) Set/Reset Deadlines
Tue 01/17 2:05 PM
NOTICE of Filing Fee Deficiency. Set/Reset Deadlines: Compliance due by 2/7/2023. (pts) |
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Att: 1
IFP Form
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Tue 01/17 2:00 PM
PETITION for Writ of Habeas Corpus, filed by Frank D. Kelley.(pts) |
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