Daugherty v. Huttonsville Correctional Center
| Tony Daugherty |
| Huttonsville Correctional Center |
| 5:2012cv00043 |
| January 10, 2012 |
| US District Court for the Southern District of West Virginia |
| Beckley Office |
| XX US, Outside State |
| Irene C. Berger |
| R. Clarke VanDervort |
| General |
| 28 U.S.C. ยง 2254 |
| 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
203
MEMORANDUM OPINION AND ORDER adopting the Magistrate Judge's 201 Proposed Findings and Recommendations and dismissing Petitioner's 187 Amended Petition. Signed by Judge Frank W. Volk on 10/2/2023. (cc: counsel of record; any unrepresented party) (btm)
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Filing
170
MEMORANDUM OPINION AND ORDER: The Court ORDERS that the Respondent's 167 Objections to the Magistrate Court's December 2, 2015 Order be OVERRULED, that the Magistrate Judge's 166 Proposed Findings and Recommendation be ADOPTED, an d that the Respondent's 162 Motion to Dismiss, Directed to the District Court, Petitioner's Habeas Petition, as Petitioner is no Longer in State Custody be DENIED; to the extent that Respondent's 167 Objections to the Magistrate Co urt's December 2, 2015 Order was an appeal of the Magistrate Judge's August 4, 2015 136 Order, August 17, 2015 141 Order, and December 2, 2015 165 Order, the Court ORDERS that it be DENIED; the Court ORDERS that this matter is REFERRED to the Honorable Omar J. Aboulhosn for further proceedings. Signed by Judge Irene C. Berger on 2/29/2016. (cc: Magistrate Judge Aboulhosn; attys; any unrepresented party) (slr)
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Filing
141
ORDER: It is ORDERED that Respondent's 137 MOTION for Reconsideration is DENIED. Signed by Magistrate Judge R. Clarke VanDervort on 8/17/2015. (cc: attys; Petitioner Tony Daughtery) (slr)
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Filing
117
MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 111 Proposed Findings and Recommendations by Magistrate Judge, and ORDERS that the Respondent 9;s 32 MOTION for summary Judgment be DENIED and that this matter be REFERRED back to Judge VanDervort for further proceedings respecting the merits of the Petitioner's claims. Signed by Judge Irene C. Berger on 11/20/2014. (cc: USMJ VanDervort; attys; any unrepresented party) (msa)
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Filing
72
MEMORANDUM OPINION AND ORDER: Petitioner's 59 MOTION for Order Prohibiting Informal Communication by Petitioner's Former Cousel with the W.Va. Attorney General is GRANTED; petitioner's 60 MOTION for for Leave to Conduct Disco very is DENIED. An Evidentiary Hearing is scheduled for Tuesday, 06/04/2013, at 10:30 a.m. in Beckley. Mr. Bruce shall be in attendance and shall have all documents including retainer agreements, letters, receipts, invoices and other evidence germa ne to the issue described herein in his possession. It is ORDERED that the Clerk shall issue a Writ of Habeas Corpus ad Testificandum to the Warden of McDowell County Correctional Center requiring Petitioner to be delivered to the Federal Courthouse in Beckley, West Virginia for the Evidentiary Hearing on 06/04/2013, at 10:30 a.m. Signed by Magistrate Judge R. Clarke VanDervort on 4/18/2013. (cc: attys; B.Bruce; Warden: MCCC, USM, any unrepresented party) (msa)
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Filing
48
ORDER: It is ORDERED that an Evidentiary Hearing will be conducted on 2/12/2013 at 1:30 PM in Beckley before Magistrate Judge R. Clarke VanDervort. Mr. Barry L. Bruce is directed to be in attendance and have all documents including retainer agreement s, letters, receipts, invoices, and other evidence germane to the issue described herein in his possession; the Court expects that Mr. Bruce will testify. By separate Order, the Court will therefore appoint attorney Thomas J. Gillooly as counsel to r epresent Petitioner at the hearing and in further proceedings as may be appropriate; the Clerk is directed to issue a Writ of Habeas Corpus ad Testificandum for Petitioner requiring that Petitioner be delivered to the Robert C. Byrd United States Cou rthouse and Federal Building, 110 North Heber Street, Beckley, WV on 2/12/2013, in order that he may attend and participate. The Clerk is directed to send a copy of this Order and the Writ of Habeas Corpus ad Testificadum to counsel of record, the Warden of McDowell County Correctional Center, the United States Marshal for the Southern District of West Virginia, and Petitioner. Signed by Magistrate Judge R. Clarke VanDervort on 1/11/2013. (cc: attys; any unrepresented party) (slr)
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| Petitioner: Tony Daugherty | |
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| Respondent: Huttonsville Correctional Center | |
| Represented By: | Silas B. Taylor |
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