Bevier v. Commonwealth Of Virginia
Neilson F. Bevier |
Commonwealth Of Virginia |
1:2009cv00325 |
March 24, 2009 |
US District Court for the Eastern District of Virginia |
Habeas Corpus (General) Office |
Wise |
Theresa Carroll Buchanan |
Anthony J Trenga |
None |
Federal Question |
28:2254 Petition for Writ of Habeas Corpus (State) |
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Filing 15 MEMORANDUM OPINION AND ORDERORDERED that the instant petition for a writ of habeas corpus be and is DISMISSED WITH PREJUDICE as procedurally defaulted; that petitioner's Motion of Excusable Neglect (Docket #12) be and is DENIED; that petitio ner's Motion Requesting Appointment of Counsel (Docket #13) be and is DENIED AS MOOT. To appeal, the petitioner must file a written notice of appeal with the Clerk's Office within 30 day of the date of this Order. A written notice of appeal is a short statement stating a desire to appeal this Order and noting the date of the Order petitioner wants to appeal. Petitioner need not explain the grounds for appeal until so directed by the court. Petitioner must also request a certificate of appealability from a circuit justice or judge. For the reasons stated above, this Court expressly declines to issue such a certificate. Signed by District Judge Anthony J Trenga on 11/23/09. (tche) |
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Petitioner: Neilson F. Bevier | |
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Respondent: Commonwealth Of Virginia | |
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