Daker v. Allen

Filing 28

ORDER granting 14 Motion to Vacate and Motion for Reconsideration; granting 15 , 16 , and 21 Motions to Vacate. The Court vacates the February 16, 2018 Adoption Order and Judgment (doc. nos. 12, 13), and re-opens this case. The Court directs the Clerk to assign Judge Baker as the referral judge. Signed by Chief Judge J. Randal Hall on 07/18/2018. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

WASEEM DAKER,

Petitioner,
CV 417-106

V.

MARTY ALLEN, WARDEN,

Respondent.

ORDER

Petitioner filed this action pursuant to 28 U.S.C. § 2254
challenging
(Doc.

no.

his
1.)

Adopting

Recommendation,
and

confinement

Petitioner

15, 16, 21.)

the
now

Court
moves

in

the

administrative

Magistrate

dismissed
for

this

segregation.

Judge's
case

Report

with

reconsideration.

and

prejudice,

(Doc.

nos.

14,

Petitioner filed a Notice of Appeal after seeking

reconsideration, and the Notice does not become effective until

issuance of this Order.
The
allegedly

petition
"part

of

See Fed. R. App. P. 4(a)(4).

challenges
an

Disciplinary

ongoing

Petitioner in segregation.

policy

Reports

and

that

custom"

to

are
keep

Petitioner has five additional cases

pending that challenge his segregation, which are based on other
Disciplinary Reports he claims to be part of the same policy and
custom.
Magistrate

All

five

Judge

R.

of
Stan

those

cases

Baker,

are

three

of

pending
which

he

before

U.S.

allowed

to

proceed after screening and two of which were consolidated.

See

Daker v. Allen, CV 617-023 (S.D. Ga. Feb. 3, 2017) (lead case);

Daker v. Allen, CV 617-090 (S.D. Ga. July 3, 2017) (consolidated
with CV 617-023); Daker v. Allen, CV 618-019 (S.D. Ga. Oct. 23,
2017)

(recommendation

for

consolidation

with

CV

617-023

pending); see also Daker v. Allen, CV 618-020 (S.D. Ga. Jan. 16,
2018); Daker v. Allen, CV 618-040 (S.D. Ga. Apr. 9, 2018).
As

a

matter

of

consistency,

the

Court

GRANTS

the

reconsideration motions, VACATES the February 16, 2018 Adoption
Order and Judgment, (doc. nos. 12, 13), and RE-OPENS this case.
The

Court

DIRECTS

referral judge.

the

CLERK

to

assign

Judge

Baker

as

the

After the Court regains jurisdiction, either by

way of Petitioner withdrawing his appeal or the Eleventh Circuit
issuing a decision and remanding, the Court will consider what
portions

of the

petition

state

a

valid

habeas

claim

and

portions merely challenge conditions of confinement. The
will

also

cases.

consider

Petitioner's

motion

to

consolidate

what
Court

all

(See doc. no. 23.

SO ORDERED this

^

, 2018

. RANDAL HALL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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