MCDANIEL v. TOBY

M.D. Georgia

MCDANIEL v. TOBY

DecidedNovember 22, 2022

Docket5:22-cv-00198

StatusUnknown

This text of MCDANIEL v. TOBY (MCDANIEL v. TOBY) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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MCDANIEL v. TOBY, (M.D. Ga. 2022).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

STEPHEN MARK MCDANIEL, ) ) ) Petitioner, ) ) v. ) CIVIL ACTION NO. 5:22-CV-198 (MTT) ) WARDEN ANNETTIA TOBY, ) ) ) Respondent. ) __________________ )

ORDER Federal Rule of Evidence 201 permits a court to “judicially notice a fact that is not subject to reasonable dispute because it ... can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b)(2). State court records of an inmate's postconviction proceedings generally satisfy this standard. Paez v. Sec'y, Fla. Dep't of Corr., 947 F.3d 649, 651 (11th Cir. 2020) (affirming district court’s judicial notice of online state court dockets); Cunningham v. Dist. Att'y’s Office, 592 F.3d 1237, 1255 (11th Cir. 2010) (taking judicial notice on appeal of state and federal court proceedings in which the petitioner attacked his conviction). The Court takes judicial notice of the court dockets in McDaniel’s state habeas proceedings. Specifically, the Court takes judicial notice of the date McDaniel’s motion for reconsideration (November 12, 2020) and motion to stay the remittitur (December 18, 2020) were filed with the Georgia Supreme Court1 and the date the Richmond County Superior Court received the notice of remittitur (January 7, 2021).2 The parties have FOURTEEN (14) DAYS from the date of this order to object to these judicially noticed facts.

SO ORDERED, this 22nd day of November, 2022. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

1 These records can be located by searching case number S20H0313 on the Georgia Supreme Court Clerk’s website at https://www.gasupreme.us/docket-search/. For the parties’ convenience, a screenshot of the Georgia Supreme Court docket is attached.

2 This record can be located by searching case number 2018RCHM00002 on the Richmond County Superior Court Clerk’s website at https://cocaugustaga.com/mainpage.aspx. For the parties’ convenience, a screenshot of the Richmond County Superior Court docket is attached.

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

STEPHEN MARK MCDANIEL, ) ) ) Petitioner, ) ) v. ) CIVIL ACTION NO. 5:22-CV-198 (MTT) ) WARDEN ANNETTIA TOBY, ) ) ) Respondent. ) __________________ )

ORDER Federal Rule of Evidence 201 permits a court to “judicially notice a fact that is not subject to reasonable dispute because it ... can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b)(2). State court records of an inmate's postconviction proceedings generally satisfy this standard. Paez v. Sec'y, Fla. Dep't of Corr., 947 F.3d 649, 651 (11th Cir. 2020) (affirming district court’s judicial notice of online state court dockets); Cunningham v. Dist. Att'y’s Office, 592 F.3d 1237, 1255 (11th Cir. 2010) (taking judicial notice on appeal of state and federal court proceedings in which the petitioner attacked his conviction). The Court takes judicial notice of the court dockets in McDaniel’s state habeas proceedings. Specifically, the Court takes judicial notice of the date McDaniel’s motion for reconsideration (November 12, 2020) and motion to stay the remittitur (December 18, 2020) were filed with the Georgia Supreme Court1 and the date the Richmond County Superior Court received the notice of remittitur (January 7, 2021).2 The parties have FOURTEEN (14) DAYS from the date of this order to object to these judicially noticed facts.

SO ORDERED, this 22nd day of November, 2022. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

1 These records can be located by searching case number S20H0313 on the Georgia Supreme Court Clerk’s website at https://www.gasupreme.us/docket-search/. For the parties’ convenience, a screenshot of the Georgia Supreme Court docket is attached.

2 This record can be located by searching case number 2018RCHM00002 on the Richmond County Superior Court Clerk’s website at https://cocaugustaga.com/mainpage.aspx. For the parties’ convenience, a screenshot of the Richmond County Superior Court docket is attached.

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