Search

Attributes

This case was last updated from PACER on 07/16/2019 at 04:51:52 (UTC).

Dawkins v. Warden

Case Summary

On 03/18/2019 Dawkins filed a Prisoner - Other Prisoner lawsuit against Warden. This case was filed in U.S. District Courts, South Carolina District. The Judges overseeing this case are Paige J Gossett and Timothy M Cain. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    0:19-CV-00816

  • Filing Date:

    03/18/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Prisoner - Other Prisoner

  • Court:

    U.S. District Courts

  • Courthouse:

    South Carolina District

Judge Details

Referral Judge

Paige J Gossett

Presiding Judge

Timothy M Cain

 

Party Details

Petitioner

Terry Sullivan Dawkins

Edgefield, SC 29824

Respondents

Warden SPC Edgefield

Warden

 

Court Documents

#16

(#16) ORDER adopting the #11 Report and Recommendation and dismissing this action with prejudice. Signed by Honorable Timothy M. Cain on 6/3/2019. (bgoo) (Entered: 06/03/2019)

#11

(#11) REPORT AND RECOMMENDATION recommending the #1 Petition be dismissed with prejudice and without requiring the respondent to file a return. Objections to R&R due by 5/28/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Paige J. Gossett on 5/13/2019. (lbak) (Entered: 05/14/2019)

22 #1

Envelope

#22

(#22) OBJECTIONS by Terry Sullivan Dawkins to 20 Text Order. (Attachments: #1 Envelope) (bgoo) (Entered: 06/12/2019)

19 #1

Envelope

#17

(#17) JUDGMENT dismissing the action with prejudice. (bgoo) (Entered: 06/03/2019)

#13

(#13) CERTIFIED MAIL RECEIPT re #10 Order - Habeas-Service-No Answer and copy of Petition served on US Attorney General on 5/20/2019. (bgoo) (Entered: 05/23/2019)

10 #1

2241 Habeas Petition

#10

(#10) ORDER authorizing service of process by clerk, directing respondent not to answer and directing the petitioner to notify the clerk in writing of any change of address. Motion granted: #6 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Paige J. Gossett on 5/13/2019. (Attachments: #1 2241 Habeas Petition) (lbak) Modified on 5/14/2019 to correct filed date. (lbak) (Entered: 05/14/2019)

#4

(#4) PROPER FORM ORDER (Case to be brought into proper form by 4/23/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6) Signed by Magistrate Judge Paige J. Gossett on 4/2/2019. (bgoo) (Entered: 04/02/2019)

1 #2

Envelope

1 #1

Supporting Documents

#1

(#1) PETITION for Writ of Habeas Corpus, filed by Terry Sullivan Dawkins. (Attachments: #1 Supporting Documents, #2 Envelope) (lbak) (Entered: 03/18/2019)

7 More Documents Available

 

Docket Entries

  • 06/12/2019
  • View Court Documents
  • (#22) OBJECTIONS by Terry Sullivan Dawkins to 20 Text Order. (Attachments: #1 Envelope) (bgoo) (Entered: 06/12/2019)

    Read MoreRead Less
  • 06/03/2019
  • (#21) ***DOCUMENT MAILED 20 Text Order placed in U.S. Mail to Terry Sullivan Dawkins (bgoo) (Entered: 06/03/2019)

    Read MoreRead Less
  • 06/03/2019
  • (#20) Text Order: After the court adopted the Report (ECF No. 11) and closed this case, Petitioner filed objections. (ECF No. 19). Based on the envelope's postmark, it appears that the objections were not mailed from the prison. (ECF No. 19-1). Accordingly, Petitioner is not entitled to the holding in Houston v. Lack, in which the Court held that, to protect the rights of prisoners who have no control over the processing of papers delivered to prison officials for mailing, the filing date of a petition is deemed to be the date that the petition is delivered to the prison mail room. 487 U.S. 266, 270-72, 276 (1988); see also Knickerbocker v. Artuz, 271 F.3d 35, 37 (2d Cir. 2001) ("We join the other circuits that have addressed this issue by holding that the prison mailbox rule established in Houston does not apply where a pro se prisoner delivers his notice of appeal to someone outside the prison system for forwarding to the court clerk."). Therefore, the court finds Petitioner's objections to be untimely. However, even if Petitioner's objections were timely, the court would overrule the objections and adopt the Report (ECF No. 11). As the magistrate judge noted in her Report (ECF No. 11 at 4), the BOP's regulations and policies are neither criminal statutes nor civil penalty statutes, and, therefore, are not subject to vagueness challenges. See Kuban v. Synder-Norris, No. 16-52-HRW, 2017 WL 2609037, *3 (E.D. Ky, June 15, 2017). Signed by Honorable Timothy M. Cain on 6/3/2019. (bgoo) (Entered: 06/03/2019)

    Read MoreRead Less
  • 06/03/2019
  • View Court Documents
  • (#19) OBJECTION to #11 Report and Recommendation by Terry Sullivan Dawkins. Reply to Objections due by 6/17/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope) (bgoo) (Entered: 06/03/2019)

    Read MoreRead Less
  • 06/03/2019
  • View Court Documents
  • (#18) ***DOCUMENTS MAILED #17 Judgment, #16 Order Ruling on Report and Recommendation placed in U.S. Mail to Terry Sullivan Dawkins (bgoo) (Entered: 06/03/2019)

    Read MoreRead Less
  • 06/03/2019
  • View Court Documents
  • (#17) JUDGMENT dismissing the action with prejudice. (bgoo) (Entered: 06/03/2019)

    Read MoreRead Less
  • 06/03/2019
  • View Court Documents
  • (#16) ORDER adopting the #11 Report and Recommendation and dismissing this action with prejudice. Signed by Honorable Timothy M. Cain on 6/3/2019. (bgoo) (Entered: 06/03/2019)

    Read MoreRead Less
  • 05/23/2019
  • View Court Documents
  • (#13) CERTIFIED MAIL RECEIPT re #10 Order - Habeas-Service-No Answer and copy of Petition served on US Attorney General on 5/20/2019. (bgoo) (Entered: 05/23/2019)

    Read MoreRead Less
  • 05/14/2019
  • View Court Documents
  • (#12) ***DOCUMENTS MAILED #10 Order - Habeas-Service-No Answer and #11 REPORT AND RECOMMENDATION placed in U.S. Mail to Terry Sullivan Dawkins. #10 Order and Habeas Petition sent certified mail to The Attorney General of the United States. Article number: 7017-1450-0001-4670-8263. (lbak) (Entered: 05/14/2019)

    Read MoreRead Less
  • 05/14/2019
  • View Court Documents
  • (#11) REPORT AND RECOMMENDATION recommending the #1 Petition be dismissed with prejudice and without requiring the respondent to file a return. Objections to R&R due by 5/28/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Paige J. Gossett on 5/13/2019. (lbak) (Entered: 05/14/2019)

    Read MoreRead Less
  • 05/13/2019
  • View Court Documents
  • (#10) ORDER authorizing service of process by clerk, directing respondent not to answer and directing the petitioner to notify the clerk in writing of any change of address. Motion granted: #6 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Paige J. Gossett on 5/13/2019. (Attachments: #1 2241 Habeas Petition) (lbak) Modified on 5/14/2019 to correct filed date. (lbak) (Entered: 05/14/2019)

    Read MoreRead Less
  • 04/12/2019
  • View Court Documents
  • (#6) MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Terry Sullivan Dawkins. Response to Motion due by 4/26/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Inmate Statement, #2 Cover Letter, #3 Envelope) Motions referred to Paige J. Gossett. (bgoo) (Entered: 04/12/2019)

    Read MoreRead Less
  • 04/02/2019
  • View Court Documents
  • (#5) ***DOCUMENTS MAILED #4 Proper Form Order and IFP application placed in U.S. Mail to Terry Sullivan Dawkins (bgoo) (Entered: 04/02/2019)

    Read MoreRead Less
  • 04/02/2019
  • View Court Documents
  • (#4) PROPER FORM ORDER (Case to be brought into proper form by 4/23/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6) Signed by Magistrate Judge Paige J. Gossett on 4/2/2019. (bgoo) (Entered: 04/02/2019)

    Read MoreRead Less
  • 03/18/2019
  • View Court Documents
  • (#1) PETITION for Writ of Habeas Corpus, filed by Terry Sullivan Dawkins. (Attachments: #1 Supporting Documents, #2 Envelope) (lbak) (Entered: 03/18/2019)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where WARDEN is a litigant