Dumas v. Clarke

Dumas v. Clarke

Petitioner:	Marlin Maurice Dumas
Respondent:	Harold W. Clarke
Case Number:	2:2013cv00398
Filed:	July 19, 2013
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
County:	Out of State
Presiding Judge:	Lawrence R. Leonard
Presiding Judge:	Rebecca Beach Smith
Nature of Suit:	Habeas Corpus (General)
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
August 10, 2017	Filing 42 FINAL ORDER. The Court hereby ADOPTS and APPROVES the 41 Report and Recommendation in its entirety as the Court's own opinion. Therefore, Respondent's 5 Motion to Dismiss is DENIED; the 1 Petition is GRANTED; and the Petitioner's sentence in the Circuit Court for the City of Norfolk is VACATED in its entirety and his case is REMANDED to the state circuit court for disposition of his conviction in accordance with Miller and Montgomery. The Clerk shall enter judgment in favor of the Petitioner pursuant to this Final Order. Signed by Chief District Judge Rebecca Beach Smith on 8/10/2017. Copies mailed 8/10/2017. (jmey, )
June 20, 2014	Filing 11 ORDER GRANTING 5 Motion to Dismiss; adopting Report and Recommendations as the Court's own opinion. It is further ORDERED that judgment be entered in favor of the Respondent. Signed by Chief District Judge Rebecca Beach Smith on 6/20/14. (Copies mailed as directed 6/20/14) (afar)

Date Filed

Document Text

August 10, 2017

Filing 42 FINAL ORDER. The Court hereby ADOPTS and APPROVES the 41 Report and Recommendation in its entirety as the Court's own opinion. Therefore, Respondent's 5 Motion to Dismiss is DENIED; the 1 Petition is GRANTED; and the Petitioner's sentence in the Circuit Court for the City of Norfolk is VACATED in its entirety and his case is REMANDED to the state circuit court for disposition of his conviction in accordance with Miller and Montgomery. The Clerk shall enter judgment in favor of the Petitioner pursuant to this Final Order. Signed by Chief District Judge Rebecca Beach Smith on 8/10/2017. Copies mailed 8/10/2017. (jmey, )

June 20, 2014

Filing 11 ORDER GRANTING 5 Motion to Dismiss; adopting Report and Recommendations as the Court's own opinion. It is further ORDERED that judgment be entered in favor of the Respondent. Signed by Chief District Judge Rebecca Beach Smith on 6/20/14. (Copies mailed as directed 6/20/14) (afar)

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Petitioner: Marlin Maurice Dumas
Represented By:	David William O'Brien
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Respondent: Harold W. Clarke
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