Spates v. Clarke

Spates v. Clarke

Petitioner:	Maceo Spates
Respondent:	Harold Clarke
Case Number:	2:2011cv00284
Filed:	May 19, 2011
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
County:	Virginia Beach City
Presiding Judge:	Tommy E. Miller
Presiding Judge:	Raymond A. Jackson
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 14, 2012	Filing 27 FINAL ORDER adopting Report and Recommendations re 23 Report and Recommendations, 8 Motion to Dismiss; and 17 Motion for Declaratory Judgment; ORDERED that the petition be GRANTED as to Ground (3) of the petition, to the extent that Court remand s the case to the Circuit Court of the City of Virginia Beach for a new trial within 180 days of this Court'sfinal judgment order; that Petitioner remain in custody of the Department of Corrections until his new trial, but if the Circuit Court f ails to re-try Petitioner within 180 days of this Court's final judgment order, that Petitioner be released from custody at the end of the 180 days; that, with respect to Grounds (1) and (2) of the petition, the petition is DENIED; that Petitioner's 17 Motion for Declaratory Judgment is DENIED; noting appeal procedure. Signed by District Judge Raymond A. Jackson and filed on 8/14/2012. Copy to Petitioner as directed.(rsim, )

Date Filed

Document Text

August 14, 2012

Filing 27 FINAL ORDER adopting Report and Recommendations re 23 Report and Recommendations, 8 Motion to Dismiss; and 17 Motion for Declaratory Judgment; ORDERED that the petition be GRANTED as to Ground (3) of the petition, to the extent that Court remand s the case to the Circuit Court of the City of Virginia Beach for a new trial within 180 days of this Court'sfinal judgment order; that Petitioner remain in custody of the Department of Corrections until his new trial, but if the Circuit Court f ails to re-try Petitioner within 180 days of this Court's final judgment order, that Petitioner be released from custody at the end of the 180 days; that, with respect to Grounds (1) and (2) of the petition, the petition is DENIED; that Petitioner's 17 Motion for Declaratory Judgment is DENIED; noting appeal procedure. Signed by District Judge Raymond A. Jackson and filed on 8/14/2012. Copy to Petitioner as directed.(rsim, )

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Petitioner: Maceo Spates
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Respondent: Harold Clarke
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