McCleary v. Godert

McCleary v. Godert

Plaintiff:	George D. McCleary, III
Respondent:	Chantay Godert
Case Number:	4:2017cv01557
Filed:	May 24, 2017
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	Montgomery
Presiding Judge:	Noelle C. Collins
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
February 5, 2021	Filing 29 MEMORANDUM AND ORDER IT IS HEREBY ORDERED THAT Respondent's Suggestions in Opposition to Conducting an Evidentiary Hearing (Doc. 22 ), which the Court construes as a motion for reconsideration of the Court's prior order granting Petitio ner's request for an evidentiary hearing, is GRANTED. The Court's prior order granting Petitioner's request for an evidentiary hearing (Doc. 17 ) is VACATED, and Petitioner's request for an evidentiary hearing on Ground Four of his Petition is DENIED. IT IS HEREBY ORDERED that Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is DENIED. IT IS FURTHER ORDERED that this case is DISMISSED. IT IS FURTHER ORDERED that no certificate of appealability shall issue because Petitioner has failed to make a substantial showing that he has been denied a constitutional right. 28 U.S.C. § 2253. Signed by Magistrate Judge Shirley Padmore Mensah on 2/5/2021. (KXS)

Date Filed

Document Text

February 5, 2021

Filing 29 MEMORANDUM AND ORDER IT IS HEREBY ORDERED THAT Respondent's Suggestions in Opposition to Conducting an Evidentiary Hearing (Doc. 22 ), which the Court construes as a motion for reconsideration of the Court's prior order granting Petitio ner's request for an evidentiary hearing, is GRANTED. The Court's prior order granting Petitioner's request for an evidentiary hearing (Doc. 17 ) is VACATED, and Petitioner's request for an evidentiary hearing on Ground Four of his Petition is DENIED. IT IS HEREBY ORDERED that Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is DENIED. IT IS FURTHER ORDERED that this case is DISMISSED. IT IS FURTHER ORDERED that no certificate of appealability shall issue because Petitioner has failed to make a substantial showing that he has been denied a constitutional right. 28 U.S.C. § 2253. Signed by Magistrate Judge Shirley Padmore Mensah on 2/5/2021. (KXS)

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Plaintiff: George D. McCleary, III
Represented By:	Jessica Marie Hathaway
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Respondent: Chantay Godert
Represented By:	Stephen D. Hawke
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