McGowan v. Walls
| David Osbourne |
| Johnny L. McGowan, Jr. |
| Robert Walls |
| 3:2010cv00365 |
| April 13, 2010 |
| U.S. District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Todd J. Campbell |
| E. Clifton Knowles |
| General |
| 28 U.S.C. § 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
70
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court rules as follows:(1) The R & R (Docket No. 61 ) is hereby ACCEPTED and APPROVED; (2) Petitioner's Objections to the R & R (Docket No. 65 ) are hereby OVERRULED; (3) Petitioner's Motion to Vacate Recent Order [Denying Counsel] and Appoint Counsel for Filing a Traverse (Docket No. 54 ) is hereby DENIED; and (4) A Certificate of Appealability will not issue. The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 2/2/2012. (xc:Pro se party by regular and certified mail.)(hb)
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Filing
51
ORDER: Motion to Renew 50 is Granted. In considering the Motion to Appoint Counsel, however, the Court notes that Rule 8(c) of the "Rules Governing Section 2254 Cases in the United States District Courts" provides in relevant part, " If an evidentiary hearing is warranted, the judge must appoint an attorney to represent a petitioner who qualifies to have counsel appointed under 18 U.S.C. § 3006A." The Court is not required to appoint counsel before determining whether a n evidentiary hearing is required. In the instant case, the Court has not yet made a determination on that issue. Thus, Petitioner's Motion to Appoint Counsel is premature, and it is DENIED, without prejudice to being refiled if and as appropriate. Signed by Magistrate Judge E. Clifton Knowles on 3/10/11. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
45
ORDER: Petitioner's Motion to Reopen Case 44 is Granted. The respondent shall file a second answer, plead or otherwise respond to the petition in conformance with Rule 5, Rules --- § 2254 Cases, within 30 days of the date of entry of this order on the docket. The petitioner is free to renew any motions that may have been pending at the time that this action was administratively closed. Signed by Chief Judge Todd J. Campbell on 1/19/11. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
41
ORDER: The Report and Recommendation 37 is adopted and approved. Accordingly, Petitioner's "Motion to Stay Proceedings in Abeyance in Order to Return to State Court on an Extraordinary Appeal" 28 is GRANTED. The Clerk is directed to close this case administratively, subject to being reopened upon Motion of either party once Petitioner has exhausted his state remedies. Any pending Motions are denied as moot. Signed by Chief Judge Todd J. Campbell on 11/2/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
37
REPORT AND RECOMMENDATION: Magistrate Judge Knowles recommends that the Motion to Stay Proceedings in Abeyance in Order to Return to State Court on an Extraordinary Appeal 28 be Granted and that this action be administratively closed, subject to being reopened upon Motion of either party once Petitioner has exhausted his state remedies. Signed by Magistrate Judge E. Clifton Knowles on 10/13/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
24
ORDER: The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 is referred to the Magistrate Judge for further proceedings under Rule 8(b), Habeas Corpus Rules, 28 U.S.C. § 636(b)(1)(B), and Local Rule 72.01(d). Signed by Senior Judge Robert Echols on 7/28/10. (xc:Pro se party by regular and certified mail.)(dt)
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