Spates v. Clarke
||May 19, 2011
||US District Court for the Eastern District of Virginia
||Virginia Beach City
||Tommy E. Miller
||Raymond A. Jackson
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|August 14, 2012
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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