Altizer v. Clarke
Petitioner: Frank Ervin Altizer, Jr.
Respondent: Harold Clarke
Case Number: 3:2019cv00036
Filed: January 14, 2019
Court: US District Court for the Eastern District of Virginia
Presiding Judge: M Hannah Lauck
Referring Judge: Roderick C Young
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2019 Opinion or Order Filing 23 FINAL ORDER - It is hereby ORDERED that: The 2254 Petition (ECF No. 1) is DENIED; Altizer's claims and the action are DISMISSED; A certificate of appealability is DENIED. Signed by District Judge M. Hannah Lauck on 03/08/2019. Copy mailed to Petitioner.(tjoh, )
March 8, 2019 Filing 22 MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 03/08/2019. Copy mailed to petitioner.(tjoh, )
January 14, 2019 Filing 21 Case transferred in from District of Virginia Western; Case Number 7:18-cv-00372. Original file and docket sheet received.
January 14, 2019 Notification of transfer of Petition for Writ of Habeas Corpus from the Western District of VA Case No. 7:18cv372 to the Eastern District of Virginia. (ldab, )
January 11, 2019 Opinion or Order Filing 20 Order transferring case to United States District Court for the Eastern District of Virginia. Signed by Chief Judge Michael F. Urbanski on 1/11/2019. (tvt) [Transferred from Virginia Western on 1/14/2019.]
January 4, 2019 Filing 19 Response re #18 Regarding Order # 10 and petitioner stating he never received. (tvt) [Transferred from Virginia Western on 1/14/2019.]
January 4, 2019 Filing 18 Notice- Regarding Order #10 and petitioner stating he never received filed by Frank Ervin Altizer, Jr (Attachments: #1 Attachment Notice, #2 Envelope) (tvt) [Transferred from Virginia Western on 1/14/2019.]
January 4, 2019 Filing 17 Consent to Fee by Petitioner Frank Ervin Altizer, Jr (tvt) [Transferred from Virginia Western on 1/14/2019.]
January 4, 2019 Filing 16 Statement of Assets by Frank Ervin Altizer, Jr (tvt) [Transferred from Virginia Western on 1/14/2019.]
December 20, 2018 Filing 15 NOTICE of Change of Address by Frank Ervin Altizer, Jr: Wallens Ridge State Prison, P.O. Box 759 Big Stone Gap, Virginia 24214. (Clerk sending docket sheet). (aab) [Transferred from Virginia Western on 1/14/2019.]
December 6, 2018 Opinion or Order Filing 14 ORDER: Inasmuch as his motion for reconsideration has already been granted (see ECF No. 10), it is hereby ORDERED that Altizer's motion to amend his motion for reconsideration (ECF No. 13) is DENIED as moot.Entered by Magistrate Judge Robert S. Ballou on 12/6/2018. (tvt) [Transferred from Virginia Western on 1/14/2019.]
November 30, 2018 Filing 13 Motion to Amend/Correct #7 Motion for reconsideration by Frank Ervin Altizer, Jr.Motions referred to Judge Robert S. Ballou. (Attachments: #1 Exhibits)(aab) [Transferred from Virginia Western on 1/14/2019.]
November 29, 2018 Filing 12 USCA Notice of letter from 4CCA to petitioner. (ck) [Transferred from Virginia Western on 1/14/2019.]
November 29, 2018 Filing 11 NOTICE of Docketing Record on Appeal from USCA re #8 Notice of Appeal filed by Frank Ervin Altizer, Jr.. USCA Case Number 18-7452, Case Manager Emily Borneisen. (aab) [Transferred from Virginia Western on 1/14/2019.]
November 28, 2018 Opinion or Order Filing 10 ORDER granting #7 Motion for Reconsideration; the Clerk shall RE-OPEN this action on the active docket of the court; and Altizer shall have fourteen days from the entry of this order to comply with the conditional filing order. Signed by Chief Judge Michael F. Urbanski on 11/27/2018. (Clerk attached the CF Order dated 9/25/18 to this order and sending to petitioner) (tvt) [Transferred from Virginia Western on 1/14/2019.]
November 19, 2018 Filing 9 Transmittal of Notice of Appeal to 4CCA re #8 Notice of Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (aab) [Transferred from Virginia Western on 1/14/2019.]
November 19, 2018 Filing 8 NOTICE OF APPEAL as to #5 Order Dismissing Case by Frank Ervin Altizer, Jr. (aab) [Transferred from Virginia Western on 1/14/2019.]
November 19, 2018 Assembled Electronic Record Transmitted to 4CCA re #8 Notice of Appeal (aab) [Transferred from Virginia Western on 1/14/2019.]
November 13, 2018 Filing 7 MOTION for Reconsideration re #5 Order Dismissing Case by Frank Ervin Altizer, Jr.(tvt) [Transferred from Virginia Western on 1/14/2019.]
November 13, 2018 Filing 6 NOTICE of Change of Address by Frank Ervin Altizer, Jr (Sussex II State Prison, 24417 Musselwhite Drive, Waverly, VA 23891)(tvt) [Transferred from Virginia Western on 1/14/2019.]
October 16, 2018 Opinion or Order Filing 5 ORDER DISMISSING CASE WITHOUT PREJUDICE (Order and/or Opinion mailed to Pro Se Party). Signed by Chief Judge Michael F. Urbanski on 10/15/2018. (aab) [Transferred from Virginia Western on 1/14/2019.]
October 16, 2018 Filing 4 MEMORANDUM OPINION. Signed by Chief Judge Michael F. Urbanski on 10/15/2018. (aab) [Transferred from Virginia Western on 1/14/2019.]
September 25, 2018 Opinion or Order Filing 3 Order entered Conditionally Filing this action pursuant to 28 USC Section 2254; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal re #1 Petition for Writ of Habeas Corpus filed by Frank Ervin Altizer, Jr. Responses due by 10/9/2018. Signed by Magistrate Judge Robert S. Ballou on 9/25/2018. (tvt) [Transferred from Virginia Western on 1/14/2019.]
July 27, 2018 Filing 2 AFFIDAVIT of Poverty by Frank Ervin Altizer, Jr (slt) [Transferred from Virginia Western on 1/14/2019.]
July 27, 2018 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254, filed by Frank Ervin Altizer, Jr.(slt) [Transferred from Virginia Western on 1/14/2019.]

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Respondent: Harold Clarke
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Petitioner: Frank Ervin Altizer, Jr.
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