Powell v. Gelb

Respondent: Bruce Gelb
Petitioner: John Powell
Case Number: 1:2013cv11465
Filed: June 17, 2013
Court: Massachusetts District Court
Office: Boston Office
County: Middlesex
Presiding Judge: Nathaniel M. Gorton
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
March 13, 2014 23 Opinion or Order of the Court Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons, 1) Respondent's motion to dismiss as time-barred (Docket No. 16 ) is DENIED WITHOUT PREJUDICE;2) Petitioner's motions to stay (Docket No. [15 ]) and to hold habeas corpus petition in abeyance (Docket No. 21 ) remain under advisement and will be considered ripe by this Court if respondent does not file his renewed motion to dismiss on or before April 11, 2014; and 3) Petitioner's motion to appoint counsel (Docket No. 3 ) is DENIED. So ordered." (Moore, Kellyann)
June 17, 2014 32 Opinion or Order of the Court Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons, 1) respondent's Renewed Motion to Dismiss (Docket No. 29 ) is DENIED WITHOUT PREJUDICE to renewal for reasons other than failure to file within t he AEDPA limitations period; 2) petitioner's Motion to Hold Habeas Corpus Petition in Abeyance (Docket No. 21 ) is ALLOWED and proceedings on his 28 U.S.C. § 2254 petition are stayed pending exhaustion of his unexhausted state court claims; 3) petitioner shall renew his petition for a writ of habeas corpus no more than 30 days after exhausting his claims in state court; and 4) petitioner's Motion to Stay (Docket No. 15 ) is DENIED AS MOOT. So ordered."(Moore, Kellyann)

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Respondent: Bruce Gelb
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Petitioner: John Powell
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