COBBLE v. THE BROWN SCHOOL et al
ORDER granting 3 Motion for Leave to Proceed in forma pauperis; denying 4 Motion to Appoint Counsel ; denying 2 Motion for court ordered service. The Petition is dismissed without prejudice. Petitioner is denied a Certificate of Appealiability. Ordered by U.S. District Judge C ASHLEY ROYAL on 10/9/14 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
THE BROWN SCHOOL and SAN
DANIEL ERIC COBBLE,
NO. 5:14-CV-346 (MTT)
Petitioner DANIEL ERIC COBBLE, an inmate at Hancock State Prison (“HSP”),1 has
filed a 20-page handwritten pleading that he states is a habeas corpus petition under 28 U.S.C. §
Accompanying his pleading is a “Motion for Court to Order U.S. Marshal Office
Service of Summons and Suit Upon all of Defendants …” (Doc. 2), a Motion to Proceed In
Forma Pauperis (“IFP”) (Doc. 3), and a Motion for Appointment of Counsel (Doc. 4). Solely
for purposes of dismissing this action, Petitioner’s motion to proceed IFP is GRANTED.
Under Rule 4 of the Rules Governing Section 2254 Cases, district courts are required to
promptly examine every application filed and thereafter enter a summary dismissal if it “plainly
appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the
According to Georgia Department of Corrections’ website, Petitioner is currently incarcerated
for aggravated stalking, obstruction of an officer, terroristic threats and acts, and interference with
government property, for which his maximum possible release date is July 14, 2021.
district court….”2 It plainly appears from the petition that Petitioner is not entitled to relief in this
Much of Petitioner’s filing is nonsensical but he largely complains about his 1991 “illegal
extradition” to a private mental health facility in San Marcos, Texas, and his subsequent “illegal
extradition” back to Georgia in 1993. Apparently, Petitioner was a minor during his stay at the
Texas facility and his mother arranged for his being transferred there and being returned to
Georgia. According to Petitioner, his current incarceration at HSP is illegal because “Texas is
still supposed to have jurisdiction of me.” Petitioner also argues that his present sentence should
be reduced for the time he spent in the private Texas mental health facility.
As relief, Petitioner asks to be “extradited back” to Texas, cleared of all charges, and “all
Georgia orders to bring me back to Georgia to be ignored by Texas.” Petitioner also requests that
he be given a horse that is a “4 year old female[,] 16 1/2 hands[,] trained for traveling next to [the]
freeway, breedable, gentle, smart, healthy, no health history problems, can jump fences easy,
mustang not pregnant, pure blood, broken in …,” and numerous rifles with plenty of bullets.
This Court has carefully reviewed Petitioner’s filing and he presents no valid basis for
habeas corpus relief.
Specifically, he fails to allege any facts indicating that his present
confinement or the execution of his sentence is in violation of the federal constitution or any
United States law. Clearly, Petitioner’s time spent over 20 years ago in a private mental health
facility has no bearing upon his present confinement or sentence.
As the Court has previously instructed Petitioner, the appropriate vehicle for challenging
Rule 4 applies to section 2241 cases by virtue of Rule 1(b) of the Rules Governing
Section 2254 Cases.
his confinement pursuant to a state court conviction is a habeas action under 28 U.S.C. § 2254.
Petitioner has already filed numerous actions in this Court, at least one of which was a habeas
petition under section 2254, in which he challenged his 2005 convictions of felony obstruction of
an officer in Wilcox County.
See Cobble v. McLaughlin, 5:12-cv-86 (CAR).
the Court has previously informed Petitioner, he must obtain permission from the Eleventh
Circuit Court of Appeals before he may file in this Court a second or successive petition
challenging his conviction.
See 28 U.S.C. § 2244(b)(3)(A); see also Guenther v. Holt, 173 F.3d
1328, 1330 (11th Cir. 1999), cert. denied, 528 U.S. 1085 (2000).
It is therefore ORDERED that the instant petition be DISMISSED WITHOUT
Petitioner’s motions for court ordered service and appointment of counsel are
Reasonable jurists could not find that such dismissal is debatable or wrong; Petitioner is
thus also DENIED a Certificate of Appealability. Finally, because Petitioner is not entitled to a
COA, he is not entitled to proceed IFP on appeal.
SO ORDERED, this 9th day of October, 2014.
S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT
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