Elswick v. Plumley

Elswick v. Plumley

Petitioner:	Raymond Elswick
Respondent:	Marvin Plumley
Case Number:	2:2014cv29300
Filed:	December 3, 2014
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
County:	Randolph
Presiding Judge:	Cheryl A. Eifert
Presiding Judge:	Joseph R. Goodwin
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
July 25, 2022	Filing 55 ORDER adopting the 53 Proposed Findings and Recommendations; denies the 4 Petition for a Writ of Habeas Corpus and 40 Amended Petition; granting the Respondent's 48 Motion to Dismiss; dismisses, with prejudice; and directs that this action be removed from the docket. The court denies a certificate of appealabilty. Signed by Judge Joseph R. Goodwin on 7/25/2022. (cc: counsel of record; any unrepresented party) (lca)
June 1, 2015	Filing 19 ORDER DENYING without prejudice Petitioner's 4 PETITION FOR WRIT OF HABEAS CORPUS pursuant to Title 28, United States Code, Section 2254; DENYING without prejudice Respondent's 9 MOTION to Dismiss 4 Petition for Writ of Habeas Corpus (2254) for Failure to Exhaust and Timeliness; directing that Petitioner's habeas petition be STAYED and HELD IN ABEYANCE for 30 days from entry of this Order so that Petitioner can pursue his unexhausted claims in state court, and directing Peti tioner to return to federal court within 30 days of exhausting his state court remedies to seek the lift of the stay; Ground 13 of Petitioner's Petition for Writ of Habeas Corpus is STRICKEN, and Petitioner's 12 MOTION for Entry of Default Judgment by the Court against Marvin Plumley is DENIED and DISMISSED. Signed by Judge Joseph R. Goodwin on 6/1/2015. (cc: Magistrate Judge Eifert, counsel of record; pro se Plaintiff; any unrepresented party) (tmh)

Date Filed

Document Text

July 25, 2022

Filing 55 ORDER adopting the 53 Proposed Findings and Recommendations; denies the 4 Petition for a Writ of Habeas Corpus and 40 Amended Petition; granting the Respondent's 48 Motion to Dismiss; dismisses, with prejudice; and directs that this action be removed from the docket. The court denies a certificate of appealabilty. Signed by Judge Joseph R. Goodwin on 7/25/2022. (cc: counsel of record; any unrepresented party) (lca)

June 1, 2015

Filing 19 ORDER DENYING without prejudice Petitioner's 4 PETITION FOR WRIT OF HABEAS CORPUS pursuant to Title 28, United States Code, Section 2254; DENYING without prejudice Respondent's 9 MOTION to Dismiss 4 Petition for Writ of Habeas Corpus (2254) for Failure to Exhaust and Timeliness; directing that Petitioner's habeas petition be STAYED and HELD IN ABEYANCE for 30 days from entry of this Order so that Petitioner can pursue his unexhausted claims in state court, and directing Peti tioner to return to federal court within 30 days of exhausting his state court remedies to seek the lift of the stay; Ground 13 of Petitioner's Petition for Writ of Habeas Corpus is STRICKEN, and Petitioner's 12 MOTION for Entry of Default Judgment by the Court against Marvin Plumley is DENIED and DISMISSED. Signed by Judge Joseph R. Goodwin on 6/1/2015. (cc: Magistrate Judge Eifert, counsel of record; pro se Plaintiff; any unrepresented party) (tmh)

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Petitioner: Raymond Elswick
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Respondent: Marvin Plumley
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