Case details

Court: moed
Docket #: 4:10-cv-01494-AGF-TCM
Case Name: McKenzie v. Steele
PACER case #: 108260
Case Cause: 28:2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: Habeas Corpus (General)

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-05-10 34 0 MEMORANDUM: This matter is before the Court on review of Respondent's Response to Court Order ("response")[Doc. 33 ]. This Court recently directed Respondents to file a status report within five days of the resolutionof Petitioner 's Georgia habeas proceeding. (See Order, dated Apr. 9, 2013 [Doc. 32 ].) In that order, thisCourt also vacated the stay of this proceeding effective May 14, 2013.By their response, Respondents report that Petitioner's habeas proceedi ng in Georgia wasresolved on April 29, 2013, with the Georgia Supreme Court's denial of Petitioner's application for acertificate of probable cause to appeal. Respondents suggest that "[u]nder these circumstances, the Courtshould dissolve the stay of proceedings." To clarify the record, the stay of these proceedings is vacated as of May 14, 2013. Signed by Magistrate Judge Thomas C. Mummert, III on May 10, 2013. (BRP) 2013-05-11 08:47:45 7da4b727b5611b5c7cb45e1e92623bb80264d581
2013-10-01 45 0 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Magistrate Judges Report and Recommendation is adopted and incorporated except as modified herein. Doc. No. 40 . IT IS FURTHER ORDERED that Petitioners objections to the Magistrate Judges Report a nd Recommendation are overruled. Doc. No. 43 .IT IS FURTHER ORDERED that the petition of Dale W. McKenzie for a writ of habeas corpus is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability shall not issue in this case. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 9/30/2013. (RAK) 2013-10-01 08:59:03 33367985b6edbaf3cb0bd9459ac2fd90c699a4fd