Buckingham v. Symmes

Buckingham v. Symmes

Petitioner:	Justin Lamont Buckingham
Respondent:	Jessica Symmes
Case Number:	0:2011cv02489
Filed:	August 29, 2011
Court:	US District Court for the District of Minnesota
Office:	DMN Office
County:	Washington
Presiding Judge:	Steven E Rau
Presiding Judge:	Patrick J. Schiltz
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 6, 2013	Filing 29 ORDER - Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES petitioner's objection 27 and ADOPTS the July 15, 2013 R&R 26 . IT IS HEREBY ORDERED THAT: Petitioner's 28 U.S.C. Section 2254 petition is DENIED. No certificate of appealability will issue. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Patrick J. Schiltz on 09/06/13. (BJS)
August 21, 2012	Filing 17 ORDER - Based on the foregoing, and on all of the files, records, and proceedings herein, the Court ADOPTS IN PART the May 14, 2012 R&R 12 . IT IS HEREBY ORDERED THAT: Respondent's motion to dismiss 8 is GRANTED IN PART and DENIED IN PART. The motion is DENIED with respect to the following claims in Ground One: that police interrogated petitioner in violation of the Sixth Amendment; and that petitioner's custodial statements were involuntary due to the absence of counsel. The m otion is GRANTED in all other respects, and all other claims are DISMISSED WITH PREJUDICE. Petitioner's motion for cause and prejudice 11 is DENIED. Petitioner's motion for leave to appeal in forma pauperis 14 and motion for certificate of appealability 15 are DENIED as premature. (Written Opinion). Signed by Judge Patrick J. Schiltz on 08/21/12.(bjs) cc: Justin Lamont Buckingham. Modified on 8/21/2012 (lmb).

Date Filed

Document Text

September 6, 2013

Filing 29 ORDER - Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES petitioner's objection 27 and ADOPTS the July 15, 2013 R&R 26 . IT IS HEREBY ORDERED THAT: Petitioner's 28 U.S.C. Section 2254 petition is DENIED. No certificate of appealability will issue. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Patrick J. Schiltz on 09/06/13. (BJS)

August 21, 2012

Filing 17 ORDER - Based on the foregoing, and on all of the files, records, and proceedings herein, the Court ADOPTS IN PART the May 14, 2012 R&R 12 . IT IS HEREBY ORDERED THAT: Respondent's motion to dismiss 8 is GRANTED IN PART and DENIED IN PART. The motion is DENIED with respect to the following claims in Ground One: that police interrogated petitioner in violation of the Sixth Amendment; and that petitioner's custodial statements were involuntary due to the absence of counsel. The m otion is GRANTED in all other respects, and all other claims are DISMISSED WITH PREJUDICE. Petitioner's motion for cause and prejudice 11 is DENIED. Petitioner's motion for leave to appeal in forma pauperis 14 and motion for certificate of appealability 15 are DENIED as premature. (Written Opinion). Signed by Judge Patrick J. Schiltz on 08/21/12.(bjs) cc: Justin Lamont Buckingham. Modified on 8/21/2012 (lmb).

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Petitioner: Justin Lamont Buckingham
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Respondent: Jessica Symmes
Represented By:	Matthew Frank
Represented By:	J Michael Richardson
Represented By:	Michael K Walz
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