Kelly v. State of Delaware et al

Federal Civil Lawsuit Delaware District Court, Case No. 1:06-cv-00715-SLR
District Judge Sue L. Robinson, presiding
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District Judge Sue L. Robinson
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Summary

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Parties
No Logo Edward J Kelly, Petitioner
v.
No Logo Office of the Delaware Attorney General, Respondent
Officially listed as "Attorney General of State of Delaware"

Represented by State of Delaware

Name Phone Fax E-Mail
Space Elizabeth Roberts McFarlan +1 302 577 8400 elizabeth.mcfarlan@state.de.us
No Logo State of Delaware, Respondent

Represented by State of Delaware

Name Phone Fax E-Mail
Space Elizabeth Roberts McFarlan +1 302 577 8400 elizabeth.mcfarlan@state.de.us
Attributes
Office Wilmington
Filed 11/29/2006
Jury Demand None
Demand
Nature of Suit 530 - Prisoner: Habeas Corpus
Cause Section 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jurisdiction Federal Question
Disposition Dismissed - Other
County Kent
Terminated 7/19/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, HABEAS, PaperDocuments
Timeline
  Entries (22) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 20 Filed: 7/19/2007, Entered: 7/19/2007 Court Filing
ORDER, ***Civil Case Terminated. Motions terminated: denied as moot [13] MOTION for a Three Judge Court filed by Edward J. Kelly, denied as moot [14] MOTION to Appoint Counsel filed by Edward J. Kelly, granted [16] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter filed by Attorney General of State of Delaware, State of Delaware, granted [15] MOTION for Leave to File Motion to Dismiss filed by Attorney General of State of Delaware, State of Delaware. Signed by Judge Sue L. Robinson on 7/17/07. (rld)
LREF
Blank -- Filed: 7/17/2007, Entered: 7/17/2007
Case reassigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rjb)
LREF
Legal Document 19 Filed: 6/29/2007, Entered: 6/29/2007
Letter to Edward J. Kelly from Clerk dated 6/29/07 regarding response to - re [18] Letter. (rwc)
LREF
Letter 18 Filed: 6/27/2007, Entered: 6/28/2007 Letter
Letter to Clerk from Edward Kelly dated 6/25/07 regarding request for status. (rwc)
LREF
Legal Document 17 Filed: 3/5/2007, Entered: 3/5/2007
ANSWERING BRIEF in Opposition - re [16] MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by Edward J. Kelly. Reply Brief due date per Local Rules is 3/15/2007. (rwc)
LREF
Motion to Dismiss 16 Filed: 2/22/2007, Entered: 2/22/2007, Terminated: 7/19/2007 Motion to Dismiss
MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter - filed by State of Delaware, Attorney General of State of Delaware. (McFarlan, Elizabeth)
LREF
Motion for Leave to File 15 Filed: 2/22/2007, Entered: 2/22/2007, Terminated: 7/19/2007 Motion for Leave to File
MOTION for Leave to File Motion to Dismiss - filed by State of Delaware, Attorney General of State of Delaware. (McFarlan, Elizabeth)
LREF
Motion to Appoint Counsel 14 Filed: 2/8/2007, Entered: 2/8/2007, Terminated: 7/19/2007 Motion to Appoint Counsel
MOTION to Appoint Counsel, or in the alternative, Stand-by Counsel - filed by Edward J. Kelly. (rwc)
LREF
Motion for Miscellaneous Relief 13 Filed: 2/8/2007, Entered: 2/8/2007, Terminated: 7/19/2007 Motion for Miscellaneous ReliefCourt Filing
Request/ MOTION for a Three Judge Court - filed by Edward J. Kelly. (rwc)
LREF
Return of Service Executed ( 2254 petition ) 12 Filed: 1/12/2007, Entered: 1/16/2007 Return of Service Executed ( 2254 petition )
Return of Service Executed ( 2254 petition ) by Attorney General of State of Delaware. (rwc)
LREF
Return of Service Executed ( 2254 petition ) 11 Filed: 1/12/2007, Entered: 1/16/2007 Return of Service Executed ( 2254 petition )
Return of Service Executed ( 2254 petition ) by State of Delaware - (Warden Tom Carroll). (rwc)
LREF
Legal Document 10 Filed: 1/5/2007, Entered: 1/5/2007
Postal Receipt(s) for the mailing of process to Warden Tom Carroll(rwc)
LREF
Legal Document 9 Filed: 1/5/2007, Entered: 1/5/2007
Postal Receipt(s) for the mailing of process to Attorney General of State of Delaware (rwc)
LREF
Order (AEDPA) Service Order (2254) 8 Filed: 1/4/2007, Entered: 1/5/2007 Order (AEDPA) Service Order (2254)Court Filing
ORDER - Clerk shall serve by certified mail a copy of the petition, the order dated 12/12/06,the AEDPA election form and this order upon the Warden and the Attorney General. Within 45 days of receipt, respondents shall respond as directed. (Copy to petitioner, Warden & AG). Signed by Judge Mary Pat Thynge on 1/4/07. (rwc) Modified on 1/5/2007 (rwc, ).
LREF
AEDPA Election Form 7 Filed: 12/27/2006, Entered: 12/28/2006 AEDPA Election Form
AEDPA Election Form filed by petitioner and requesting to rule on 2254 as currently pending. (rwc)
LREF
Legal Document 6 Filed: 12/15/2006, Entered: 12/15/2006 Court Filing
[1:06-cv-715-***]: Please note that, in accordance with the attached standing order, this case has been designated as one to be assigned to the judge who fills the vacancy left by the elevation of Judge Kent A. Jordan to the United States Court of Appeals for the Third Circuit. Please include ***, in place of the Judge's initials, after the case number on all documents filed. (ntl)
LREF
Legal Document 5 Filed: 12/11/2006, Entered: 12/11/2006 Court Filing
ORDER - granting request to proceed informa pauperis and notifying petitioner that AEDPA applies to petition. Petitioner must file attached election form with the court. (Copy to pet. with AEDPA Form)Notice of Compliance deadline set for 1/16/2007. Signed by Judge Kent A. Jordan on 12/11/06. (rwc)
LREF
Blank -- Filed: 12/6/2006, Entered: 12/6/2006
Case assigned to Judge Kent A. Jordan. Please include the initials of the Judge (KAJ) after the case number on all documents filed. (rjb)
LREF
Letter 4 Filed: 11/29/2006, Entered: 11/30/2006 Letter
Letter to Clerk from Edward J. Kelly regarding filing - re [2] Petition for Writ of Habeas Corpus. (els)
LREF
Magistrate Consent Notice 3 Filed: 11/29/2006, Entered: 11/30/2006 Magistrate Consent NoticeCourt Filing
Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction (els)
LREF
Petition for Writ of Habeas Corpus 2 Filed: 11/29/2006, Entered: 11/30/2006 Petition for Writ of Habeas Corpus
PETITION for Writ of Habeas Corpus - filed by Edward J. Kelly.(els)
LREF
Terminated:  1 Filed: 11/29/2006, Entered: 11/30/2006 Terminated:
MOTION for Leave to Proceed in forma pauperis - filed by Edward J. Kelly. (Attachments: # (1) Financial Statement)(els)
LREF

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