Smith v. Cheek

Smith v. Cheek

Petitioner:	Franklin C. Smith
Respondent:	D. Eugene Cheek
Case Number:	2:2009cv00513
Filed:	October 13, 2009
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
County:	Richmond City
Presiding Judge:	Mark S. Davis
Presiding Judge:	F. Bradford Stillman
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
July 29, 2010	Filing 41 ORDER that Petitioner's objections are OVERRULED. Except to the extent that the Court sustained the Attorney General's objection regarding the proper Respondent, the Court does hereby ADOPT AND APPROVE THE REPORT AND RECOMMENDATIONS for [3 7] Report and Recommendations; the Petition is DENIED AND DISMISSED WITH PREJUDICE as the claims are procedurally defaulted; further Ordering that judgment be entered in favor of Respondent; noting appeal procedures and declining to issue a certificate of appealability. Signed by District Judge Mark S. Davis and filed on 7/29/10. Copy mailed 7/30/10.(lwoo)

Date Filed

Document Text

July 29, 2010

Filing 41 ORDER that Petitioner's objections are OVERRULED. Except to the extent that the Court sustained the Attorney General's objection regarding the proper Respondent, the Court does hereby ADOPT AND APPROVE THE REPORT AND RECOMMENDATIONS for [3 7] Report and Recommendations; the Petition is DENIED AND DISMISSED WITH PREJUDICE as the claims are procedurally defaulted; further Ordering that judgment be entered in favor of Respondent; noting appeal procedures and declining to issue a certificate of appealability. Signed by District Judge Mark S. Davis and filed on 7/29/10. Copy mailed 7/30/10.(lwoo)

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Petitioner: Franklin C. Smith
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Respondent: D. Eugene Cheek
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