Byrd v. Commonwealth of VA
| Commonwealth of VA |
| Devon M. Byrd |
| 3:2018cv00623 |
| September 12, 2018 |
| US District Court for the Eastern District of Virginia |
| John A Gibney |
| Roderick C Young |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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Filing 5
ORDER that is in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that the action is DISMISSED WITHOUT PREJUDICE and a certificate of appealability is DENIED. Petitioner is advised that he has the right to appeal the decision of the Court. Should he wish to do so, written notice of appeal must be filed with the Clerk of the Court within thirty (30)days of the date of entry hereof. See Order for details. Signed by District Judge John A. Gibney, Jr on 11/8/2018. A copy of the accompanying Memorandum Opinion and this Order mailed to Petitioner.(ccol, )
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| Filing 4 MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 11/8/2018. Copy mailed to Petitioner.(ccol, ) |
| Filing 3 Prisoner Trust Fund Account Statement by Devon M. Byrd. (smej, ) |
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Filing 2
MEMORANDUM ORDER that: 1. The petition is CONDITIONALLY FILED; 2. The Clerk is DIRECTED to mail Petitioner the standardized form for filing a 2254 petition; 3. The Clerk of the Court is DIRECTED to process Petitioner's request to proceed in forma pauperis. If an appropriate affidavit for proceeding in forma pauperis has not been submitted, the Clerk shall mail an appropriate in forma pauperis affidavit to Petitioner. Failure of Petitioner to complete and return the in forma pauperis affidavit or pay the $5.00 filing fee within fifteen (15) days of the date of entry hereof will result in dismissal of the action. The Clerk shall obtain a certified copy of Petitioner's trust account for the six (6) month period immediately preceding the initiation of this action (please see Memorandum Order for additional information.) 11. The Clerk is DIRECTED to send Petitioner a Notice & Consent to Proceed Before a United States Magistrate form. Petitioner should only return this form if Petitioner consents to the jurisdiction of the United States Magistrate Judge. If Petitioner consents to the jurisdiction of the Magistrate Judge, Petitioner should return this form within fifteen (15) days of the date of entry hereof. It is so ORDERED. Signed by Magistrate Judge Roderick C. Young on 10/04/2018. Copy mailed to Petitioner with 2254, IFP and Notice & Consent to Proceed Before a United States Magistrate forms. Inmate Account Report Form mailed to Wallens Ridge State Prison. (Attachment: #1 Notice & Consent to Proceed Before a United States Magistrate Judge). (walk, )
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Devon M. Byrd. (Attachments: #1 Exhibit A, #2 Envelope)(ccol, ) |
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| Petitioner: Devon M. Byrd | |
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| Defendant: Commonwealth of VA | |
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