Shrout v. Seifert
||March 18, 2013
||West Virginia Northern District Court
||John Preston Bailey
||John S. Kaull
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|Date Filed||#||Document Text|
|December 12, 2013
ORDER ADOPTING REPORT AND RECOMMENDATION: The 21 Report and Recommendation should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judges report. Accordingly, this Court ORDERS that the Respondents 15 Motion to Dismiss be DENIED. Further, this Court hereby ORDERS that the Respondent answer the merits of the petition within twenty-eight (28) days from the entry of this Order. The petitioners renewed 24 motion for counsel is DENIED WITHOUT PREJUDICE for the same reasons set out in Magistrate Judge Kaulls 23 Order dated November 25, 2013. Signed by Chief Judge John Preston Bailey on 12/12/2013. (Copy to pro se petitioner (via cm/rrr)) (kac) (Additional attachment(s) added on 12/12/2013: # 1 Certified Mail Return Receipt) (kac).
|August 7, 2014
ORDER ADOPTING 41 REPORT AND RECOMMENDATION. The 43 petitioner's Objections are OVERRULED. The 29 respondent's Motion for Summary Judgment is GRANTED. 35 Petitioner's Motion for Appropriate Relief is DENIED AS MOOT. Accordin gly, this Court ORDERS that the 1 petitioner's § 2254 petition be DENIED and DISMISSED WITH PREJUDICE. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of thi s Court. This Court hereby DENIES a certificate of appealability, finding that Mr. Shrout has failed to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Signed by Chief Judge John Preston Bailey on 8/7/2014. (copy to Pro Se Petitioner via Cert. Mail, rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 8/7/2014: # 1 Certified Mail Return Receipt) (nmm).
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