Tonkins v. Ray

Tonkins v. Ray

Petitioner:	Cedrick Rodriquez Tonkins
Respondent:	Tracy S. Ray
Case Number:	1:2009cv01221
Filed:	October 28, 2009
Court:	US District Court for the Eastern District of Virginia
Office:	Alexandria Office
County:	Wise
Presiding Judge:	Theresa Carroll Buchanan
Presiding Judge:	Liam O'Grady
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
March 31, 2010	Filing 12 MEMORANDUM OPINION and ORDER that the petition for writ of habeas corpus (Docket # 1) be and is DISMISSED WITH PREJUDICE; and it is further ORDERED that petitioner's requests to proceed in forma pauperis (Docket ##2, 10) be and are DENIED AS MO OT; and it is further ORDERED that petitioner's Motion/Request for Order to Show Cause (Docket # 7) be and is GRANTED; and it is further ORDERED that petitioner's Motion to Amend/Correct Caselaw (Docket # 9) be and is GRANTED. To appeal, pe titioner must file a written notice of appeal with the Clerk's Office within thirty (30) days of the date of this Order. A written notice of appeal is a short statement stating a desire to appeal this Order and noting the date of the Order petit ioner wants to appeal. Petitioner need not explain the grounds for appeal until so directed by the court. Petitioner must also request a certificate of appealability from a circuit justice or judge. See 28 U.S.C. § 2253 and Fed. R. App. P. 22(b). For the reasons stated above, this Court expressly declines to issue such a certificate. Signed by District Judge James C. Cacheris on 3/31/10. copy mailed; yes(tfitz, )

Date Filed

Document Text

March 31, 2010

Filing 12 MEMORANDUM OPINION and ORDER that the petition for writ of habeas corpus (Docket # 1) be and is DISMISSED WITH PREJUDICE; and it is further ORDERED that petitioner's requests to proceed in forma pauperis (Docket ##2, 10) be and are DENIED AS MO OT; and it is further ORDERED that petitioner's Motion/Request for Order to Show Cause (Docket # 7) be and is GRANTED; and it is further ORDERED that petitioner's Motion to Amend/Correct Caselaw (Docket # 9) be and is GRANTED. To appeal, pe titioner must file a written notice of appeal with the Clerk's Office within thirty (30) days of the date of this Order. A written notice of appeal is a short statement stating a desire to appeal this Order and noting the date of the Order petit ioner wants to appeal. Petitioner need not explain the grounds for appeal until so directed by the court. Petitioner must also request a certificate of appealability from a circuit justice or judge. See 28 U.S.C. § 2253 and Fed. R. App. P. 22(b). For the reasons stated above, this Court expressly declines to issue such a certificate. Signed by District Judge James C. Cacheris on 3/31/10. copy mailed; yes(tfitz, )

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Petitioner: Cedrick Rodriquez Tonkins
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Respondent: Tracy S. Ray
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