Dellinger v. Bell
| James Dellinger |
| Ricky - Bell |
| 3:2009cv00104 |
| March 12, 2009 |
| US District Court for the Eastern District of Tennessee |
| Death Penalty - Habeas Corpus Office |
| Blount |
| C Clifford Shirley |
| Thomas A Varlan |
| None |
| Federal Question |
| 28:2254 Ptn for Writ of H/C - Stay of Execution |
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The following documents for this case are available for you to view or download:
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Filing
239
MEMORANDUM OPINION AND ORDER. Petitioner's petitions for a writ of habeas corpus under 28 U.S.C. § 2254 in case numbers 3:09-CV-104 95 and 3:09-CV-404 104 are DISMISSED AS MOOT. Petitioners outstanding motion to amend in case number 3:09-CV-404 197 is DENIED AS MOOT. The Clerk of Court is DIRECTED to CLOSE these cases, 3:09-CV-104 and 3:09-CV-404. Signed by District Judge Thomas A. Varlan on 3/1/23. (ADA)
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Filing
236
MEMORANDUM OPINION AND ORDER.Petitioner's Unopposed Motion to Stay and Abey All Federal Habeas Proceedings 233 is GRANTED in part, and it is DENIED in part. Petitioner's motion 233 is GRANTED to the extent that he se eks a stay of his capital habeas corpus proceeding filed under 28 U.S.C. § 2254. Petitioner SHALL continue to file status reports with the Court every ninety (90) days, in which he apprises it of the progress of his state-court proceedings, as t he Court previously ordered 230 . Petitioner SHALL notify the Court of the outcome of his petition that is pending in the Circuit Court for Blount County within seven (7) days of the trial court's decision. Signed by District Judge Thomas A. Varlan on 9/20/22. (ADA)
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Filing
184
MEMORANDUM OPINION. Signed by Chief District Judge Thomas A Varlan on 8/28/18. (JBR)
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Filing
71
ORDER granting 62 Petitioner's Motion to exceed the 25-page limitation on briefs pending Petitioner's submission of his reorganized brief and table of contents within 15 days from the date of this Order; granting 64 Pe titioner's Motion to expand the record, and the Respondent is ORDERED to file a complete copy of the state court record in the Sevier County, Tennessee case and to serve Petitioner's counsel with a copy; granting at this time 65 Petitione r's Motion to file a motion ex parte and under seal, pending further order of the Court; and granting 69 Respondent's Motion requesting an extension of time in which to file a reply to Petitioner's response to his summary judgment motion to the extent that Petitioner shall file his reply within fifteen (15) days from the date on which Petitioner files his reorganized response. Signed by Magistrate Judge C Clifford Shirley on March 7, 2012. (AYB)
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Filing
49
MEMORANDUM AND ORDER denying Petitioner's 46 Motion for Discovery. Signed by Magistrate Judge C Clifford Shirley. (ADA)
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Filing
41
ORDER granting in part and denying in part 36 39 Petitioner's motions requesting to review the untranscribed portions of his state court proceedings and for the State to pay for the transcription of those proceedings (which Petitioner's counsel estimated at approximately $12,000.00), without prejudice to renewal of the motions upon a proper showing. Specifically, the motions are GRANTED to the extent Petitioner's counsel may review the tapes in the manne r they so choose. In addition, Petitioner's counsel may timely file another motion requesting payment or reimbursement for the transcription of the state proceedings if they can demonstrate they are relevant and not procedurally defaulted, no la ter than September 24, 2010, and Respondent SHALL file a reply no later than October 4, 2010. The motions are DENIED to the extent that the State will not be required at this time, to pay for the transcription of those proceedings which have not been transcribed. Finally, the Court will conduct a status conference and motion hearing, on October 6, 2010, at 11:00 a.m. in Courtroom 3B, in Knoxville, Tennessee. At that time the Court will hear argument on all outstanding motions in Petitioner's death penalty case (3:09-cv-104) and non-death penalty case (3:09-cv-404), in addition to scheduling dates for future proceedings in the death penalty case. Signed by Magistrate Judge C Clifford Shirley on August 31, 2010. (AYB)
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Filing
4
MEMORANDUM & ORDER that this action should be assigned to the Honorable Thomas A. Varlan, who was previously assigned to Civil Action No. 3:06-CV-388 in the interest of judicial economy.Accordingly, the Clerk is DIRECTED to assign Civil Action No. 3:09-CV-104 andCivil Action No. 3:06-CV-388 to the Honorable Thomas A. Varlan, United States District Judge andC. Clifford Shirley, Jr., United States Magistrate Judge. Signed by Magistrate Judge C Clifford Shirley on 3/12/09. (ADA)
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| Petitioner: James Dellinger | |
| Represented By: | Michael J Passino |
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| Respondent: Ricky - Bell | |
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