MCNATT v. LOBAUGH, et al

MCNATT v. LOBAUGH, et al

Case Number:	1:2005cv00124
Filed:	April 27, 2005
Court:	US District Court for the Western District of Pennsylvania
Office:	Erie Office
Presiding Judge:	Susan Paradise Baxter
Presiding Judge:	Sean J. McLaughlin
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 10, 2008	Filing 49 MEMORANDUM ORDER: AND NOW, this 10th day of October, 2008; IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DENIED and that a certificate of appealability is DENIED. The July 17, 2008 Report and Recommendation of Chief Magistrate Judge Baxter 44 , as well as the proposed findings of fact and conclusions of law contained therein, are adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 10/10/2008. (kas)
May 17, 2007	Filing 33 ORDER granting 29 Petitioner's Motion for Reconsideration of Memorandum Order Adopting Magistrate Judge's Report and Recommendation. IT IS HEREBY ORDERED that the Petitioner's 29 Motion for Reconsideration is GRANTED and this case be re-opened. It is further ordered that this matter be referred to Magistrate Judge Baxter for a Report and Recommendation addressing whether the doctrines of exhaustion and/or procedural default apply to Petitioner's claims and, in the case of the latter, whether dismissing those claims as procedurally defaulted would amount to a fundamental miscarriage of justice. Signed by Judge Sean J. McLaughlin on 05/17/07. (jdg)

Date Filed

Document Text

October 10, 2008

Filing 49 MEMORANDUM ORDER: AND NOW, this 10th day of October, 2008; IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DENIED and that a certificate of appealability is DENIED. The July 17, 2008 Report and Recommendation of Chief Magistrate Judge Baxter 44 , as well as the proposed findings of fact and conclusions of law contained therein, are adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 10/10/2008. (kas)

May 17, 2007

Filing 33 ORDER granting 29 Petitioner's Motion for Reconsideration of Memorandum Order Adopting Magistrate Judge's Report and Recommendation. IT IS HEREBY ORDERED that the Petitioner's 29 Motion for Reconsideration is GRANTED and this case be re-opened. It is further ordered that this matter be referred to Magistrate Judge Baxter for a Report and Recommendation addressing whether the doctrines of exhaustion and/or procedural default apply to Petitioner's claims and, in the case of the latter, whether dismissing those claims as procedurally defaulted would amount to a fundamental miscarriage of justice. Signed by Judge Sean J. McLaughlin on 05/17/07. (jdg)

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