Gause v. Cooper
Petitioner: Walter Timothy Gause
Respondent: Roy Cooper
Case Number: 3:2016cv00631
Filed: August 23, 2016
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: Mecklenburg
Presiding Judge: Frank D. Whitney
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 30, 2021 Opinion or Order Filing 83 ORDER denying 82 Motion seeking relief from judgment pursuant to Federal Rule of Civil Procedure 60.IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 and Section 2255 Cases, this Court declines to issue a certificate of appealability. Signed by District Judge Frank D. Whitney on 3/30/21. (Pro se litigant served by US Mail.)(clc)
February 12, 2018 Opinion or Order Filing 80 ORDER dismissing without prejudice as an unauthorized, successive § 2254 petition; 73 Motion Relief from Judgment Rule 60(b)(3))Relief from Judgment Rule 60(b)(3); dismissing without prejudice as an unauthorized, suc cessive § 2254 petition; 74 Motion Relief from Judgment Rule 60(b)(3)); dismissing without prejudice as an unauthorized, successive § 2254 petition; 75 Motion Relief from Judgment Rule 60(b)(3);dismissing without prejudice as an u nauthorized, successive § 2254 petition; 76 Motion Relief from Judgment Rule 60(b)(3); dismissing without prejudice as an unauthorized, successive § 2254 petition 77 Motion Relief from Judgment Rule 60(b)(3)dismissing without preju dice as an unauthorized, successive § 2254 petition; 78 Motion Relief from Judgment Rule 60(b)(3). Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, the Court declines to issue a certificate of appealability as Petitioner has not made a substantial showing of a denial of a constitutional right. 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003) (in order to satisfy § 2253(c), a petitioner must demonstrate that reasonable jurists would fin d the district courts assessment of the 5constitutional claims debatable or wrong); Slack v. McDaniel, 529 U.S. 474, 484 (2000) (holding that when relief is denied on procedural grounds, a petitioner must establish both that the correctness of the dispositive procedural ruling is debatable, and that the petition states a debatably valid claim of the denial of a constitutional right). Signed by Chief Judge Frank D. Whitney on 2/12/18. (Pro se litigant served by US Mail.)(clc)
February 28, 2017 Opinion or Order Filing 59 ORDER granting 58 Motion for Certificate of Appealability. Signed by Chief Judge Frank D. Whitney on 2/27/17. (Pro se litigant served by US Mail.)(clc)
February 13, 2017 Opinion or Order Filing 50 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 2/13/17. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.)(mga) (Main Document 50 replaced on 2/13/2017) (mga).
November 14, 2016 Opinion or Order Filing 15 ORDER re 13 MOTION for Summary Judgment , ROSEBORO ORDER Setting Response Deadline re: 13 MOTION for Summary Judgment . ( Responses due by 12/14/2016). Signed by Chief Judge Frank D. Whitney on 11/10/2016. (Pro se litigant served by US Mail.)(chh)
September 9, 2016 Opinion or Order Filing 7 ORDER directing petitioner to sign page 16 of this Petition for Writ of Habeas Corpus and return to the court within 15 days of receipt. Signed by Chief Judge Frank D. Whitney on 9/9/16. (Pro se litigant served by US Mail.)(mga) (Main Document 7 replaced on 9/9/2016) (mga). Modified text on 9/9/2016 (mga).
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Petitioner: Walter Timothy Gause
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Respondent: Roy Cooper
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