Prophet v. Ballard

Prophet v. Ballard

Petitioner:	Antonio Prophet
Respondent:	David Ballard
Case Number:	1:2016cv00178
Filed:	August 24, 2016
Court:	US District Court for the Northern District of West Virginia
Office:	Clarksburg Office
County:	Berkeley
Presiding Judge:	James E. Seibert
Presiding Judge:	Irene M. Keeley
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 19, 2019	Filing 99 MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION ECF NO. 96 , OVERRULING PETITIONERS OBJECTIONS ECF NO. 98 , GRANTING MOTION FOR SUMMARY JUDGMENT ECF NO. 81 , AND DENYING AND DISMISSING § 2254 PETITION ECF NO. 13 . The Clerk is directed to enter a separate judgment order in this matter.Signed by District Judge Thomas S. Kleeh on 8/19/19. (copy PS Petitioner via cert. mail)(mh) (Additional attachment(s) added on 8/19/2019: # 1 Certified Mail Return Receipt) (mh).
March 28, 2018	Filing 73 MEMORANDUM OPINION AND ORDER ADOPTING-IN-PART REPORT AND RECOMMENDATION, DENYING AS MOOT RESPONDENT'S MOTION TO DISMISS AND REMANDING THE CASE: It is ORDERED that 68 Report and Recommendation is ADOPTED IN PART; CONCLUDES that Petitioner has abandoned the unexhausted Grounds 10(14), 12(3) and 12(4) of the Petition; DISMISSES WITH PREJUDICE Grounds 1 and 2 of the 13 Petition; DENIES AS MOOT Respondent's 53 Motion to Dismiss; DENIES AS MOOT Petitioner's 66 Motion to Expedit e; DENIES AS MOOT Petitioner's 67 Motion; GRANTS Petitioner's 70 Motion for Leave to File Excess Pages; and REMANDS the case to the Honorable Michael J. Aloi, U.S. Magistrate Judge, for consideration of the merits of Petitioner's remaining claims 3-9, 10(1)-10(13), 10(15)-10(16), 11, 12(1)-12(3), and 13. Signed by Senior Judge Irene M. Keeley on 3/28/18. (Attachments: # 1 Certified Mail Return Receipt)(copy Petitioner; email MJA)(cnd)

Date Filed

Document Text

August 19, 2019

Filing 99 MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION ECF NO. 96 , OVERRULING PETITIONERS OBJECTIONS ECF NO. 98 , GRANTING MOTION FOR SUMMARY JUDGMENT ECF NO. 81 , AND DENYING AND DISMISSING § 2254 PETITION ECF NO. 13 . The Clerk is directed to enter a separate judgment order in this matter.Signed by District Judge Thomas S. Kleeh on 8/19/19. (copy PS Petitioner via cert. mail)(mh) (Additional attachment(s) added on 8/19/2019: # 1 Certified Mail Return Receipt) (mh).

March 28, 2018

Filing 73 MEMORANDUM OPINION AND ORDER ADOPTING-IN-PART REPORT AND RECOMMENDATION, DENYING AS MOOT RESPONDENT'S MOTION TO DISMISS AND REMANDING THE CASE: It is ORDERED that 68 Report and Recommendation is ADOPTED IN PART; CONCLUDES that Petitioner has abandoned the unexhausted Grounds 10(14), 12(3) and 12(4) of the Petition; DISMISSES WITH PREJUDICE Grounds 1 and 2 of the 13 Petition; DENIES AS MOOT Respondent's 53 Motion to Dismiss; DENIES AS MOOT Petitioner's 66 Motion to Expedit e; DENIES AS MOOT Petitioner's 67 Motion; GRANTS Petitioner's 70 Motion for Leave to File Excess Pages; and REMANDS the case to the Honorable Michael J. Aloi, U.S. Magistrate Judge, for consideration of the merits of Petitioner's remaining claims 3-9, 10(1)-10(13), 10(15)-10(16), 11, 12(1)-12(3), and 13. Signed by Senior Judge Irene M. Keeley on 3/28/18. (Attachments: # 1 Certified Mail Return Receipt)(copy Petitioner; email MJA)(cnd)

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Petitioner: Antonio Prophet
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Respondent: David Ballard
Represented By:	Gordon Lee Mowen, II
Represented By:	Laura J. Young
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