Medvedev v. Clarke
| Harold Clarke |
| Dmitri Medvedev |
| Michael L. Wade |
| 3:2019cv00824 |
| November 6, 2019 |
| US District Court for the Eastern District of Virginia |
| John A Gibney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 15 Summons Issued as to Michael L. Wade with a copy of #14 Order and #12 Amended Petition; forwarded to USMS with USM-285 forms. (walk, ) |
Filing 14
ORDER that this matter comes before the Court on the amended petition filed by Dmitri Medvedev pursuant to 28 U.S.C. 2254. (Dk. No. #12 .) The Office of the Attorney General for the Commonwealth of Virginia has notified the Court that it cannot accept service for the respondent in this case. (See Dk. No. #13 .) Accordingly, the Court ORDERS as follows: 1. The Court DIRECTS the U.S. Marshals Service to serve the respondent at the following address: 4301 E. Parham Road, Henrico, Virginia, 23228. Service shall include a copy of this Order and the amended petition (Dk. No. #12 ). The U.S. Marshals Service shall file a return within thirty (30) days of this Order; 2. The respondent shall file a responsive pleading within thirty (30) days of receipt of this Order; and, 3. The respondent will treat this Order as a request that the records of the state criminal trial and habeas corpus proceeding, if deemed pertinent and available, be forwarded to the Clerk's Office in Richmond, Virginia. Such records shall be returned to the proper repository upon conclusion of the federal proceedings. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 12/13/2019. Copy forwarded to USMS. (walk, )
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| Filing 13 NOTICE by Harold Clarke (Theisen, Virginia) |
| Filing 12 AMENDED Petition against Michael L. Wade, filed by Dmitri Medvedev.(jsau, ) |
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Filing 11
ORDER. For the reasons stated herein, the Court ORDERS as follows: 1. The Court GRANTS Clarke's motion to dismiss #7 and DIRECTS the Clerk to terminate Clarke as a respondent in this case. 2. The Court GRANTS Medvedev's motion for leave to file a second amended petition #10 . The Court DIRECTS the Clerk to docket the proposed second amended petition attached to Medvedev' s motion. (Dk. No. #10 -1.) The Court DEEMS the second amended petition FILED as of the date of this Order. 3. The Court DIRECTS the Clerk to serve the respondent by electronically transmitting a copy of this Order and the second amended petition to the Attorney General for the Commonwealth of Virginia. 4. The respondent shall file a responsive pleading within thirty (30) days of the receipt of this Order. It is SO ORDERED. Signed by District Judge John A. Gibney, Jr. on 12/11/19. Copy electronically sent to AG as directed. (jsau, )
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| Filing 10 Motion for Leave to Amend Petition by Dmitri Medvedev. (Attachments: #1 Exhibit A: Amended Petition)(Jones, Bryan) Modified docket text on 12/10/2019 (jsau, ). |
| Filing 9 ***DISREGARD - INCORRECT DOCKET EVENT - (SEE #10 MOTION FOR LEAVE TO FILE AMENDED PETITION***) AMENDED Petition against Harold Clarke, filed by Dmitri Medvedev. (Attachments: #1 Exhibit Exhibit A: Amended Petition)(Jones, Bryan) Modified docket text on 12/10/2019 (jsau, ). |
| Filing 8 Brief in Support of Motion to Dismiss Party Respondent filed by Harold Clarke. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Theisen, Virginia) |
| Filing 7 MOTION to Dismiss Party Respondent by Harold Clarke. (Theisen, Virginia) |
| Filing 6 NOTICE of Appearance by Virginia Bidwell Theisen on behalf of Harold Clarke (Theisen, Virginia) |
| Filing 5 ACKNOWLEDGEMENT OF Receipt as to #4 Order of Prisoner Service (2254),,, filed by Harold Clarke. (Theisen, Virginia) |
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Filing 4
ORDER. The petitioner, a Virginia prisoner proceeding with counsel, submitted an amended petition under 28 U.S.C. 2254 #3 . Upon consideration of the petitioner's payment of the full filing fee and the amended petition for writ of habeas corpus, the Court ORDERS as follows: 1. The respondent shall file a responsive pleading within thirty (30) days of the receipt of this Order. 2. The respondent will treat this Order as a request that the records of the state criminal trial and habeas corpus proceeding, if deemed pertinent and available, be forwarded to the Clerk's Office in Richmond, Virginia. The Court DIRECTS the Clerk to serve the respondent. The Clerk shall serve the respondent by electronically transmitting a copy of this Order and the amended petition to the Attorney General for the Commonwealth of Virginia. It is SO ORDERED. Signed by District Judge John A. Gibney, Jr on 11/21/19. Copy sent to AG as directed.(jsau, )
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| Filing 3 AMENDED Petition against Harold Clarke, filed by Dmitri Medvedev.(Jones, Bryan) |
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Filing 2
ORDER that this matter comes before the Court on its own initiative. The petitioner, a Virginia prisoner proceeding with counsel, submitted a petition under 28 U.S.C. 2254. Upon consideration of the petitioner's payment of the full filing fee and the petition for writ of habeas corpus, the Court ORDERS as follows: 1. The petition is FILED; and, 2. Rule 2 of the Rules Governing Section 2254 Cases requires that petitions pursuant to 28 U.S.C. 2254 "be signed under penalty of perjury by the petitioner or by a person authorized to sign it for the petitioner under 28 U.S.C. 2242." Rules Governing 2254 Cases in U.S. District Courts, Rule 2(c)(5). The current petition does not comply with Rule 2. Accordingly, the Court DIRECTS the petitioner to submit, within fourteen (14) days of this Order, a petition complying with Rule 2. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 11/08/2019. Copy mailed to Petitioner. (walk, )
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| Case assigned to District Judge John A. Gibney, Jr. (jsmi, ) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0422-6925237.), filed by Dmitri Medvedev. (Attachments: #1 Civil Cover Sheet, #2 certificate of servce)(Jones, Bryan) |
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