White v. Ballard
| Barry White |
| Thomas McBride |
| 1:2007cv00567 |
| September 13, 2007 |
| US District Court for the Southern District of West Virginia |
| Bluefield Office |
| Monroe |
| David A. Faber |
| R. Clarke VanDervort |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
99
MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 92 Proposed Findings and Recommendation by Magistrate Judge R. Clarke VanDervort; GRANTS Defendant's 82 MOTION for Summary Judgment; DISMISSES Plaintiff's 1 , 52 and 76 Section 2254 Petition and directs the Clerk to remove the matter from the Court's docket. The Court DENIES a certificate of appealability. Signed by Senior Judge David A. Faber on 9/29/2014. (cc: Plaintiff, Pro Se and counsel of record) (arb)
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Filing
67
ORDER granting Petitioner's 66 MOTION to Stay Proceedings to Permit Exhaustion of State Remedies. It is further ORDERED that Petitioner and/or Respondent shall notify the Court promptly when Petitioner's State habeas proceedings are concluded. The Clerk is directed to remove this matter from the Court's active docket. Signed by Magistrate Judge R. Clarke VanDervort on 10/15/2009. (cc: attys; any unrepresented party) (mjp)
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Filing
45
MEMORANDUM OPINION AND ORDER adopting in part 36 the Proposed Findings and Recommendation of Magistrate Judge R. Clarke VanDervort and rejecting them to the extent they recommend that the court grant defendant's motion to dismiss. The court DE NIES 10 defendant's MOTION to Dismiss the petition as untimely filed and RECOMMENDS the matter to Magistrate Judge VanDervort for further proceedings. Signed by Senior Judge David A. Faber on 3/31/2009. (cc: Plaintiff and counsel of record) (arb) Modified on 4/14/2009 to correct typographical error (mjp).
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Filing
36
PROPOSED FINDINGS AND RECOMMENDATION re: 10 MOTION by Thomas McBride to Dismiss 1 Petition as Untimely Filed should be GRANTED, DISMISS this matter and remove it from the Court's docket. This case no longer referred to Magistrate Judge R. Clarke VanDervort. Objections to Proposed F&R due by 3/2/2009. Signed by Magistrate Judge R. Clarke VanDervort on 2/12/2009. (cc: attys; any unrepresented party) (mjp)
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| Petitioner: Barry White | |
| Represented By: | David Smith |
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| Respondent: Thomas McBride | |
| Represented By: | Charles T. Miller |
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