Upchurch v. Hurley

Upchurch v. Hurley

Petitioner:	Artez Upchurch
Respondent:	James Hurley
Case Number:	2:2016cv00045
Filed:	June 29, 2016
Court:	US District Court for the Eastern District of Missouri
Office:	Hannibal Office
County:	Pike
Presiding Judge:	Carol E. Jackson
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
November 19, 2018	Filing 22 MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Dan Redington is substituted for James Hurley as proper party respondent. IT IS FURTHER ORDERED that petitioner Artez Upchurch's amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 7 is dismissed in its entirety without prejudice for failure to exhaust available state law remedies. IT IS FURTHER ORDERED that petitioner's original petition for writ of habeas corpus under 28 U.S.C. § 2254 [ 1] is denied as moot. IT IS FURTHER ORDERED that no certificate of appealability shall issue in this action because petitioner has failed to make a substantial showing that he has been denied a constitutional right. A separate Order of Dismissal is entered herewith. Signed by District Judge Catherine D. Perry on 11/19/18. (EAB)
November 16, 2016	Filing 6 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to send petitioner a § 2254 form for use in amending his petition. IT IS FURTHER ORDERED that petitioner shall have until December 7, 2016, to return the amended petition to the Court. IT IS FURTHER ORDERED that petitioners failure to comply with this Order may result in dismissal of this action. Response to Court due by 12/7/2016.. Signed by District Judge Carol E. Jackson on 11/16/16. (Order and Form mailed) (KKS)

Date Filed

Document Text

November 19, 2018

Filing 22 MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Dan Redington is substituted for James Hurley as proper party respondent. IT IS FURTHER ORDERED that petitioner Artez Upchurch's amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 7 is dismissed in its entirety without prejudice for failure to exhaust available state law remedies. IT IS FURTHER ORDERED that petitioner's original petition for writ of habeas corpus under 28 U.S.C. § 2254 [ 1] is denied as moot. IT IS FURTHER ORDERED that no certificate of appealability shall issue in this action because petitioner has failed to make a substantial showing that he has been denied a constitutional right. A separate Order of Dismissal is entered herewith. Signed by District Judge Catherine D. Perry on 11/19/18. (EAB)

November 16, 2016

Filing 6 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to send petitioner a § 2254 form for use in amending his petition. IT IS FURTHER ORDERED that petitioner shall have until December 7, 2016, to return the amended petition to the Court. IT IS FURTHER ORDERED that petitioners failure to comply with this Order may result in dismissal of this action. Response to Court due by 12/7/2016.. Signed by District Judge Carol E. Jackson on 11/16/16. (Order and Form mailed) (KKS)

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Petitioner: Artez Upchurch
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Respondent: James Hurley
Represented By:	Stephen D. Hawke(Designation State / Local Government)
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