Barnes v. Taylor
Plaintiff: Beckham B. Barnes
Defendant: Clark Taylor
Case Number: 6:2009cv00299
Filed: August 27, 2009
Court: US District Court for the Eastern District of Kentucky
Office: London Office
County: Wayne
Presiding Judge: Gregory F. VanTatenhove
Presiding Judge: Robert E. Wier
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
May 20, 2022 Opinion or Order Filing 146 MEMORANDUM OPINION & ORDER: It is hereby ORDERED as follows: 1. Mr. Barnes's Objections [R. 142 ] are OVERRULED and Judge Smith's Recommended Disposition [R. 140 ] is ADOPTED as and for the Opinion of the Court; 2. Mr. Barness Petit ion under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [R. 1 ; R. 111 ; R. 126 ] is DENIED; 3. A certificate of appealability is DENIED as to all claims; and 4. Judgment in favor of the Respondent shall be entered contemporaneously with the Court's final order in this matter. Signed by Judge Gregory F. VanTatenhove on 05/19/2022.(KJA)cc: COR and Beckham Barnes by US Mail
March 13, 2014 Opinion or Order Filing 117 ORDER: 1. The Magistrate Judge's Recommended Disposition [R. 116 ] is ADOPTED as and for the Opinion of the Court; 2. The Clerk of the Court is DIRECTED to close this case for administrative and statistical purposes only. Nothing in this or der or in the related docket entry shall be considered a dismissal of this matter; and 3. Upon receipt of a motion to reopen this case, the Court will, by separate order, instruct the Clerk to reopen this case for administrative purposes. Case Terminated. Signed by Judge Gregory F. Van Tatenhove on 3/13/2014.(RBB)cc: COR
March 12, 2014 Opinion or Order Filing 116 ORDER AND REPORT AND RECOMMENDATIONS: IT IS ORDERED that Petitioner'S Motion for Stay and Abeyance While Pursing State Court Review (R. 110 ) is hereby GRANTED, and this case is hereby STAYED. The time for Respondent to Answer the Amended Peti tion will be reset upon the return of this matter to the active docket. The stay is conditioned on Petitioner presenting his new evidence and unexhausted claims to the state court within 90 days of this Order staying the matter. The stay is furthe r conditioned on Petitioner's return to this Court with a motion to reopen this action within 60 days of fully exhausting his state remedies. IT IS RECOMMENDED that the presiding District Judge order the Clerk of Court to close this case for a dministrat ive and statistical purposes only. The District Judge should note in his Order that nothing in the Order or in the related docket entry shall be considered a dismissal of this matter. The District Judge should further note that upon rece ipt of a motion to reopen the case, the Court will, by separate order, instruct the Clerk to reopen this case for administrative purposes. The parties having waived the fourteen (14)-day period for filing Objections to the undersigned's Repo rt and Recommendation that this matter be administratively closed while Petitioner returns to state court to exhaust his claims, the Clerk of Court should forthwith submit the matter to the presiding District Judge. Signed by Magistrate Judge Candace J. Smith on 3/12/2014.(RBB)cc: COR
May 17, 2011 Opinion or Order Filing 41 MEMORANDUM OPINION & ORDER: 1. The Petitioner's Motion to Strike [R. 37 ] is GRANTED; 2. The Respondent's Objections [R. 35 ] to the Magistrate Judge's Order permitting limited discovery in this case are DENIED WITHOUT PREJUDICE and STRICKEN from the docket; and 3. The Respondent's Motion to Stay [R. 36 ] is DENIED AS MOOT. Signed by Gregory F. VanTatenhove on 5/17/11.(SYD)cc: COR
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Plaintiff: Beckham B. Barnes
Represented By: Brenda Popplewell
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Defendant: Clark Taylor
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