Lind v. Ballard
| Jonathan Joseph Lind |
| David Ballard |
| 2:2014cv26284 |
| September 30, 2014 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Fayette |
| Thomas E. Johnston |
| Cheryl A. Eifert |
| 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
147
MEMORANDUM OPINION AND ORDER denying Petitioner's 132 Motion to Alter or Amend Judgment. Signed by Judge Thomas E. Johnston on 3/31/2023. (cc: counsel of record; any unrepresented party) (btm)
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Filing
126
MEMORANDUM OPINION AND ORDER directing that the Court ADOPTS the Second 113 Proposed Findings and Recommendation to the extent consistent with this Memorandum Opinion and Order; OVERRULES Petitioner's 103 and 116 Objections; DENIES Petiti oner's 63 and 107 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254; DENIES Petitioner's requests for a certificate of appealability; DISMISSES this matter WITH PREJUDICE; DIRECTS the Clerk to remove this case from the active docket of this Court. Signed by Judge Thomas E. Johnston on 4/8/2022. (cc: counsel of record; any unrepresented party) (btm)
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Filing
125
MEMORANDUM OPINION AND ORDER directing that the 94 MOTION by Jonathan Joseph Lind for Leave to File Martinez Brief; 95 MOTION by Jonathan Joseph Lind for Appointment of Counsel; 118 EMERGENCY MOTION by Jonathan Joseph Lind to Supplement the Rec ord; and 119 MOTION by Jonathan Joseph Lind for Appointment of Counsel are denied; and further directing that the 102 MOTION by Jonathan Joseph Lind for additional Extension of Time to File Objections is denied as moot, as more fully set forth herein. Signed by Judge Thomas E. Johnston on 3/31/2022. (cc: counsel of record; any unrepresented party) (mfo)
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Filing
84
MEMORANDUM OPINION AND ORDER adopting the 83 Proposed Findings and Recommendation by Magistrate Judge; granting petitioner's 78 Motion to Stay; STAYS this case to allow petitioner to pursue state court remedies for his unexhausted cl aims, and HOLDS IN ABEYANCE petitioner's amended habeas petition pending exhaustion of state court remedies; this case is REMOVED from the active docket of this Court; the Court further ORDERS that petitioner return to this Court within 30 da ys after exhausting his state court remedies to request that the stay be lifted; denying as moot 65 Motion to Proceed on Appeal without Prepayment of Fees. Signed by Judge Thomas E. Johnston on 11/17/2017. (cc: counsel of record; any unrepresented party) (taq)
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Filing
50
MEMORANDUM OPINION AND ORDER overruling petitioner's 49 Objections; adopting the 48 Proposed Findings and Recommendation to the extent it is consistent with this Memorandum Opinion and Order; denying petitioner's 25 Motion for Par tial Summary Judgment; denying petitioner's 42 Motion for Default Judgment and Request to Stay; affirming Magistrate Judge Eifert's denial of the Motion for Discovery without prejudice; as the Petition now includes both exhausted and unexhausted claims and a stay of this matter pending total exhaustion is not warranted, the Court ORDERS petitioner to notify the Court within 30 days of the entry of this Opinion whether he (1) voluntarily withdraws the entire Petition; or (2) withdraws the unexhausted claims discussed and set forth more fully herein. Signed by Judge Thomas E. Johnston on 9/23/2016. (cc: petitioner, pro se; counsel of record; any unrepresented party) (taq)
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Filing
31
MEMORANDUM OPINION AND ORDER: the Court sustains the 21 Objections; declines to adopt the 20 PF&R; denying as moot the 3 Motion to Waive, 15 Request Letter and 21 Objections; granting 22 Motion to refer this action to Magistrate Judge Cheryl A. Eifert, for further pretrial management and submission of further of proposed findings and recommendations for disposition Signed by Judge Thomas E. Johnston on 12/8/2015. (cc: attys; any unrepresented party) (tmr)
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Filing
24
MEMORANDUM OPINION AND ORDER the Court will stay this case until such time as the West Virginia Supreme Court of Appeals' August 31, 2015 opinion regarding Petitioner's petition becomes final; STAYS this case until further order of the C ourt; and directing this case removed from the Court's active docket; Petitioner to notify the Court within 30 days of the date when the WVSCA's 8/31/2015 opinion in his case becomes final pursuant to West Virginia Rule of Appellate Pr ocedure 26; this stay shall extend no later than 60 days from the date of this Memorandum Opinion and Order; if Petitioner has not provided the ordered notice herein to the Court by the end of that 60-day period, the Court may end the stay and rul e on the exhaustion issue that is the focus of Magistrate Judge Eifert's 3/26/2015 20 Proposed Findings and Recommendation. Signed by Judge Thomas E. Johnston on 9/14/2015. (cc: petitioner, pro se; counsel of record; any unrepresented party) (taq)
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Filing
10
MEMORANDUM OPINION AND ORDER SEALING EXHIBITS re: 1 Petition for Writ of Habeas Corpus (2254) and exhibits in support; directing the exhibits designated as ECF Nos. 1-1 and 1-2 to be SEALED until further order of the court. Signed by Magistrate Judge Cheryl A. Eifert on 10/10/2014. (cc: petitioner) (taq)
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| Petitioner: Jonathan Joseph Lind | |
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| Respondent: David Ballard | |
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