Heard v. Ballard

Heard v. Ballard

Petitioner:	Marquis Deron Heard
Respondent:	Rodney Ballard
Case Number:	5:2013cv00107
Filed:	April 15, 2013
Court:	US District Court for the Eastern District of Kentucky
Office:	Lexington Office
County:	Fayette
Presiding Judge:	PSO
Presiding Judge:	Karen K. Caldwell
Nature of Suit:	Prisoner Petitions (Prison Condition)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By:	None

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Date Filed	Document Text
August 2, 2013	Filing 4 MEMORANDUM OPINION & ORDER: (1) Clerk shall TERMINATE Rodney Ballard as the respondent, and shall SUBSTITUTE Shannon Withers, Acting Warden of USP-McCreary, as the respondent herein. (2) Heard's 1 28 USC 2241 Petition for Writ of Habeas Corpu s is DENIED as PREMATURE. (3) This action is DISMISSED WITHOUT PREJUDICE to Heard's right to assert the same constitutional claims in his pending criminal appeal, Sixth Circuit Court of Appeals as Case No. 13-5649, or, if appropriate, after he h as exhausted other available remedies. (4) Judgment will be entered contemporaneously with this Memorandum Opinion and Order in favor of the Respondent, Shannon Withers, Acting Warden of USP-McCreary. (5) For informational purposes, the Clerk is dire cted to provide Andrew M. Stephens, Heard's court-appointed counsel in the criminal action 11-CR-73, with a copy of this MOO and with a copy of Heard's 2241 petition. Signed by Judge Karen K. Caldwell on August 2, 2013. (AWD) cc: Petitioner via US Mail,Andrew Stephens w/copy of petition

Date Filed

Document Text

August 2, 2013

Filing 4 MEMORANDUM OPINION & ORDER: (1) Clerk shall TERMINATE Rodney Ballard as the respondent, and shall SUBSTITUTE Shannon Withers, Acting Warden of USP-McCreary, as the respondent herein. (2) Heard's 1 28 USC 2241 Petition for Writ of Habeas Corpu s is DENIED as PREMATURE. (3) This action is DISMISSED WITHOUT PREJUDICE to Heard's right to assert the same constitutional claims in his pending criminal appeal, Sixth Circuit Court of Appeals as Case No. 13-5649, or, if appropriate, after he h as exhausted other available remedies. (4) Judgment will be entered contemporaneously with this Memorandum Opinion and Order in favor of the Respondent, Shannon Withers, Acting Warden of USP-McCreary. (5) For informational purposes, the Clerk is dire cted to provide Andrew M. Stephens, Heard's court-appointed counsel in the criminal action 11-CR-73, with a copy of this MOO and with a copy of Heard's 2241 petition. Signed by Judge Karen K. Caldwell on August 2, 2013. (AWD) cc: Petitioner via US Mail,Andrew Stephens w/copy of petition

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Petitioner: Marquis Deron Heard
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Respondent: Rodney Ballard
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