Tice v. Johnson Featured Case
Petitioner: Derek Elliott Tice
Respondent: Gene M. Johnson
Case Number: 3:2008cv00069
Filed: March 4, 2008
Court: US District Court for the Eastern District of Virginia
Office: Richmond Office
County: Accomack
Presiding Judge: Richard L. Williams
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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Docket Report

This docket was last retrieved on December 21, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2009 USCA Case Number 09-8245, Case Manager TAkseraylian, for 43 Notice of Appeal filed by Gene M. Johnson. (lbre, )
December 21, 2009 Filing 45 Transmission of Notice of Appeal to US Court of Appeals re 43 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lbre, )
December 18, 2009 Filing 44 USCA Appeal Fees received: $ 455.00; receipt number 34683006431 re 43 Notice of Appeal filed by Gene M. Johnson. (jtho, )
December 18, 2009 Filing 43 NOTICE OF APPEAL by Gene M. Johnson. (McCullough, Stephen)
December 7, 2009 Filing 42 Remark - SCR confirmation received from Norfolk City Circuit Court. (Attachments: # 1 Envelope)(tdai, )
December 1, 2009 Filing 41 STATE COURT RECORDS returned by UPS to 1) Norfolk City Circuit Court (13 black bound transcripts, 16 red bound transcripts, 1 maroon transcript, 5 large blue file folders, one black 3 ring binder, one manila envelope with loose pleadings all rubber band together, 1 bound exhibits from respondent, 5 sealed manila envelopes) 2) Supreme Court of Virginia (6 bound briefs, 2 Red sets of Joint Appendix, 3 sets of loose pleadings). (tdai, )
November 23, 2009 Filing 40 CERTIFICATE of Service for 39 Petitioner's Reply to Respondent's Memorandum Regarding the Form of Habeas Relief by Nathaniel Thomas Connally, III on behalf of Derek Elliott Tice (Connally, Nathaniel)Docket text modified on 11/23/2009 (cgar).
November 23, 2009 Notice of Correction re 39 Reply:Filing user has been notified to file a separate Certificate of Service. (cgar)
November 20, 2009 Filing 39 Reply to 35 Memorandum Regarding the Form of Habeas Relief filed by Derek Elliott Tice. (Connally, Nathaniel)
November 19, 2009 Opinion or Order Filing 38 FINAL ORDER granting 36 Motion for Leave to File a reply. (See Order for details). Signed by District Judge Richard L. Williams on 11/19/09. (jtho, )
November 19, 2009 Opinion or Order Filing 37 MEMORANDUM AND OPINION. Signed by District Judge Richard L. Williams on 11/19/09. (jtho, )
October 29, 2009 Filing 36 MOTION for Leave to File a Reply to Respondent's Memorandum Regarding the Form of Habeas Relief by Derek Elliott Tice. (Attachments: # 1 Exhibit 1)(Connally, Nathaniel)
October 26, 2009 Filing 35 Memorandum Regarding the form of habeas relief to 34 Memorandum, filed by Gene M. Johnson. (McCullough, Stephen)
October 9, 2009 Filing 34 Memorandum Regarding the Form of the Order of Habeas Relief re: 29 Order filed by Derek Elliott Tice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Connally, Nathaniel) Modified text on 10/13/2009 (tdai, ).
September 15, 2009 Opinion or Order Filing 33 SO-ORDER granting 31 Motion for Pro hac vice; Appointed E. Desmond Hogan for Derek Elliott Tice. Signed by District Judge Richard L. Williams on 9/15/09. (jtho, )
September 15, 2009 Opinion or Order Filing 32 SO-ORDER granting 30 Motion for Pro hac vice; Appointed Thomas John Widor for Derek Elliott Tice. Signed by District Judge Richard L. Williams on 9/15/09. (jtho, )
September 14, 2009 Filing 31 MOTION for E. Desmond Hogan to appear Pro hac vice by Derek Elliott Tice. (Fee Paid; Receipt #34673005239) (Attachments: # 1 Receipt)(jtho, )
September 14, 2009 Filing 30 MOTION for Thomas John Widor to appear Pro hac vice by Derek Elliott Tice. (Fee Paid; Receipt #34683005239) (Attachments: # 1 Receipt)(jtho, )
September 14, 2009 Opinion or Order Filing 29 ORDER granting in part and denying in part 10 Motion to Dismiss; Claims Two and Three are DISMISSED and parties are DIRECTED to submit further briefing with respect to form of the Order granting Tice relief on Claim One; petitioner's brief on the issue is due within twenty (25) days of date of entry hereof; respondent's brief is due within forty (40) days of date of entry hereof. Signed by District Judge Richard L. Williams on 9/14/09. (jtho, )
September 14, 2009 Opinion or Order Filing 28 MEMORANDUM AND OPINION. Signed by District Judge Richard L. Williams on 9/14/09. (jtho, )
August 24, 2009 Filing 27 Response to 26 Response of Petitioner to the Director's Request to File Further Supplemental Briefing filed by Derek Elliott Tice. (Connally, Nathaniel)
August 21, 2009 Filing 26 Request for supplemental briefs filed by Gene M. Johnson. (Attachments: # 1 Exhibit Pardon conditions)(McCullough, Stephen) Modified test on 8/25/2009 (tdai, ).
April 27, 2009 Filing 25 Response to Order of March 27, 2009 filed by Gene M. Johnson. (Attachments: # 1 Affidavit Prosecutor Damien J. Hansen, # 2 Affidavit Affidavit of Derek A. Wagner, # 3 Exhibit Facsimile of plea agreement)(McCullough, Stephen)
March 27, 2009 Opinion or Order Filing 24 MEMORANDUM ORDER granting in part and denying in part 14 Motion to Strike. See Order for more details. Signed by District Judge Richard L. Williams on 3/27/09. (tdai, )
June 6, 2008 Filing 23 Response to 21 Response Supplemental Brief of the Respondent filed by Derek Elliott Tice. (Henke, Melissa)
May 30, 2008 Filing 22 NOTICE by Derek Elliott Tice re 14 MOTION to Strike Respondent's Admitted False Allegation of Material Fact (in Docket No. 11) (Henke, Melissa)
May 23, 2008 Filing 21 Response Supplemental Brief filed by Gene M. Johnson. (McCullough, Stephen)
May 12, 2008 Opinion or Order Filing 20 ORDER granting 19 Motion to Submit Limited Additional Briefing. Respondent will have 14 days from the entry of this Order to file a supplemental brief. Thereafter, the petitioner may file a brief in response within 14 days of service of the respondent's pleading. See Order for details. Signed by District Judge Richard L. Williams on 5/12/08. (tdai, )
May 6, 2008 Filing 19 Consent MOTION to Submit Limited Additional Briefing by Gene M. Johnson. (Attachments: # 1 Proposed Order)(McCullough, Stephen)
May 2, 2008 Filing 18 REPLY to Response to Motion re 14 MOTION to Strike Respondent's Admitted False Allegation of Material Fact (in Docket No. 11) filed by Derek Elliott Tice. (Henke, Melissa)
May 1, 2008 Filing 17 RESPONSE in Opposition re 14 MOTION to Strike Respondent's Admitted False Allegation of Material Fact (in Docket No. 11) filed by Gene M. Johnson. (McCullough, Stephen)
April 30, 2008 Filing 16 Memorandum in Opposition re 10 MOTION to Dismiss and Rule 5 Answer filed by Derek Elliott Tice. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Henke, Melissa)
April 30, 2008 Filing 15 Memorandum in Support re 14 MOTION to Strike Respondent's Admitted False Allegation of Material Fact (in Docket No. 11) filed by Derek Elliott Tice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order)(Henke, Melissa)
April 30, 2008 Filing 14 MOTION to Strike Respondent's Admitted False Allegation of Material Fact (in Docket No. 11) by Derek Elliott Tice. (Henke, Melissa)
April 24, 2008 Opinion or Order Filing 13 ORDER granting 12 Motion for Leave to File Excess Pages. Signed by District Judge Richard L. Williams on 4/24/08. (tdai, )
April 11, 2008 Filing 12 Consent MOTION for Leave to File Excess Pages and Memorandum in Support for Petitioner's Brief in Response to Respondent's Motion to Dismiss/Rule 5 Answer by Derek Elliott Tice. (Attachments: # 1 Proposed Order)(Henke, Melissa) Modified on 4/16/2008 (jtho, ).
March 31, 2008 Filing 11 Brief in Support to 10 MOTION to Dismiss and Rule 5 Answer filed by Gene M. Johnson. (McCullough, Stephen)
March 31, 2008 Filing 10 MOTION to Dismiss and Rule 5 Answer by Gene M. Johnson. (Attachments: # 1 Exhibit)(McCullough, Stephen)
March 4, 2008 Opinion or Order Filing 9 ORDER granting 6 Motion for Leave to Proceed in forma pauperis. Signed by Judge Richard L. Williams on 3/4/08. (jtho, )
February 27, 2008 STATE COURT RECORDS received from Supreme Court of Virginia (6 bound briefs, 2 Red sets of Joint Appendix, 3 sets of loose pleadings) Placed in two brown expandables. (tdai, )
February 27, 2008 STATE COURT RECORDS received from Norfolk City Circuit Court (13 black bound transcripts, 16 red bound transcripts, 1 maroon transcript, 5 large blue file folders, one black 3 ring binder, one manila envelope with loose pleadings all rubber band together, 1 bound exhibits from respondent, 5 sealed manila envelopes) Placed in three boxes. (jtho, ) Modified docket text on 1/22/2009. Re-check of items in boxes on 1/22/09, 6/8/09, 10/15/09 and 12/1/09 (all there) (tdai, ).
February 25, 2008 Opinion or Order Filing 8 ORDER granting 5 Joint MOTION for Extension to Briefing Schedule. See Order for details. Signed by Judge District Judge Richard L. Williams on 2/25/08. (tdai, )
February 21, 2008 Filing 7 NOTICE of Appearance by Stephen R. McCullough on behalf of Gene M. Johnson (McCullough, Stephen)
February 21, 2008 Filing 6 MOTION for Leave to Proceed in forma pauperis by Derek Elliott Tice. (Attachments: # 1 Exhibit A# 2 Proposed Order)(Henke, Melissa)
February 21, 2008 Filing 5 Joint MOTION for Extension to Briefing Schedule by Derek Elliott Tice. (Attachments: # 1 Proposed Order)(Henke, Melissa)
February 20, 2008 Filing 4 NOTICE of Appearance by Melissa Nichole Henke on behalf of Derek Elliott Tice (Henke, Melissa)
February 15, 2008 Filing 3 DECLINE to Consent to Proceed Before Jurisdiction by US Magistrate Judge by Derek Elliott Tice. (jtho, )
February 5, 2008 Opinion or Order Filing 2 MEMORANDUM ORDER that petition shall be FILED; Respondent to file responsive pleading within thirty (30) days of receipt of this memorandum order; Respondent to treat this order as a request that state court records, if pertinent, be forwarded to the Clerk's Office; Clerk directed to serve Respondent(s) by mailing a copy of this order with petition attached to AG of VA. See Order for more details. Copies mailed: Yes as directed with copy of petition to AG. Signed by Judge M. Hannah Lauck on 2/5/08. (tdai, )
January 28, 2008 Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number 300 003667.), filed by Derrick Elliott Tice. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(tdai, )

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Petitioner: Derek Elliott Tice
Represented By: Nathaniel Thomas Connally, III
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Respondent: Gene M. Johnson
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