Samples v. Ballard

Samples v. Ballard

Petitioner:	James Timothy Samples
Respondent:	David Ballard
Case Number:	2:2013cv11638
Filed:	June 7, 2013
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
County:	Fayette
Presiding Judge:	Thomas E. Johnston
Presiding Judge:	Dwane L. Tinsley
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
March 31, 2014	Filing 17 MEMORANDUM OPINION AND ORDER adopting in part 15 PROPOSED FINDINGS AND RECOMMENDATION to the extent that it is consistent with this opinion; overruling in part Petitioner's 16 OBJECTIONS; granting Respondent's 9 MOTION for Summary Ju dgment; denying without prejudice Petitioner's 12 MOTION for Partial Summary Judgment; denying Petitioner's 6 MOTION to Expand the Record; denying Petitioner's request to hold this matter in abeyance, and finding that Petitioner ha s abandoned his request to sever his exhausted claims and proceed solely on those claims; dismissing without prejudice Petitioner's 2 Petition for Writ of Habeas Corpus (2254); denying a certificate of appealability. Signed by Judge Thomas E. Johnston on 3/31/2014. (cc: attys; any unrepresented party) (tmh)

Date Filed

Document Text

March 31, 2014

Filing 17 MEMORANDUM OPINION AND ORDER adopting in part 15 PROPOSED FINDINGS AND RECOMMENDATION to the extent that it is consistent with this opinion; overruling in part Petitioner's 16 OBJECTIONS; granting Respondent's 9 MOTION for Summary Ju dgment; denying without prejudice Petitioner's 12 MOTION for Partial Summary Judgment; denying Petitioner's 6 MOTION to Expand the Record; denying Petitioner's request to hold this matter in abeyance, and finding that Petitioner ha s abandoned his request to sever his exhausted claims and proceed solely on those claims; dismissing without prejudice Petitioner's 2 Petition for Writ of Habeas Corpus (2254); denying a certificate of appealability. Signed by Judge Thomas E. Johnston on 3/31/2014. (cc: attys; any unrepresented party) (tmh)

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Respondent: David Ballard
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Petitioner: James Timothy Samples
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