Surbaugh v. Sallaz
| Julie Ann Surbaugh |
| J. D. Sallaz |
| 1:2020cv00235 |
| October 1, 2020 |
| US District Court for the Northern District of West Virginia |
| Michael John Aloi |
| Thomas S Kleeh |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on June 23, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 LETTER/Notification from Julia Surbaugh to Clerk of Court. (Attachments: #1 Envelope)(jmm) |
| Filing 30 Brief In Support Of Petition Under 28 USC 2254 for Wirt Of Habeas Corpus re #19 Court-Approved Form filed by Julie Ann Surbaugh. (Attachments: #1 Envelope)(jmm) (Main Document 30 replaced with correct file date on 1/5/2021) (jmm). |
| Filing 29 MOTION TO EXPAND TIME OR IN THE ALTERNATIVE MOTION FOR SUBSTITUTION by Julie Ann Surbaugh. (Attachments: #1 Envelope)(jmm) (Main Document 29 replaced with correct file date on 1/5/2021) (jmm). |
| Filing 28 RETURN RECEIPT as to #27 Order. SERVICE ACCEPTED on 12/11/20. (mh) |
Filing 27
ORDER ADDRESSING PETITIONERS PENDING MOTIONS; Court DENIES for Lack of jurisdiction #4 Motion. DENIED as premature #16 Motion to Amend/Correct; GRANTED #20 Motion for Extension of Time ; GRANTED IN PART as to exhibit 22-12 Clerk is DIRECTED to re-docket ECF No. 22-12 as an attachment to the Court-approved form petition. The Motion to Exceed Page Limit is DENIED in part as to the exhibits presently docketed as ECF Nos. 22-1, 22-2, 22-3, 22-4, 22-5, 22-6, 22-7, 22-8, 22-9. The Clerk is DIRECTED to seal these exhibits, strike them from the docket and return to petitioner; #23 Motion and #24 Motion are MOOTED; Petitioners Motion to Correct Page Numbers ECF No. #25 is GRANTED. The Clerk is DIRECTED to re-docket this motion as an additional attachment to Petitioners recently-filed Court-approved form petition ECF No. #19 . Signed by Magistrate Judge Michael John Aloi on 12/9/2020. (copy order and documents stated in order via certified mail)(jmm) (Additional attachment(s) added on 12/10/2020: #1 Certified Mail Return Receipt) (jmm).
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| Filing 26 MOTION For Leave To Substitute by Julie Ann Surbaugh. (Attachments: #1 Affidavit, #2 Transcript, #3 Inmate request form, #4 Envelope)(jmm) |
| Filing 25 MOTION To Correct Pages Numbers by Julie Ann Surbaugh. (Attachments: #1 cover letter, #2 Envelope)(jmm) |
| Filing 24 MOTION For Leave To Submit A Brief in Support of Petition and Expanded Time To Do So by Julie Ann Surbaugh. (Attachments: #1 cover letter, #2 Envelope)(jmm) |
| Filing 23 MOTION For Leave to Expand Time by Julie Ann Surbaugh. (Attachments: #1 cover letter, #2 Envelope)(jmm) |
| Filing 22 MOTION for Leave to Exceed Page Limit by Julie Ann Surbaugh. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 cover letter, #11 Envelope)(jmm) (Additional attachment(s) added on 12/7/2020: #12 part 2 of motion) (jmm). Per DE #27 Order Clerk Directed to seal exhibits, strike them from the docket and return to Petitioner. |
| Filing 21 LETTER from Julie Surbaugh to Clerk regarding #19 Court-Approved Form filed by Julie Ann Surbaugh. (Attachments: #1 Envelope)(jmm) |
| Filing 20 MOTION for an Extension of Time to File Revised Petition and for Leave to File Brief in Support of Petition by Julie Ann Surbaugh. (Attachments: #1 Attachment, #2 Envelope)(jmm) Modified on 12/2/2020 to correct docket text) (jmm). |
| Filing 19 COURT-APPROVED FORM filed by Julie Ann Surbaugh. (Attachments: #1 Envelope)(jmm) (Additional attachment(s) added on 12/9/2020 per DE #27 Order #2 Attachment exhibit [22-12], #3 Attachment DE #25 ) (jmm). |
| Filing 18 LETTER from Julia Surbaugh to Clerk. (Attachments: #1 Envelope, #2 Note, #3 copy of WV Supreme Court of Appeals Order, #4 Envelope)(jmm) |
| Filing 17 LETTER from Julia Surbough to Clerk regarding #13 Order. (Attachments: #1 Envelope)(jmm) |
| Filing 16 MOTION to Amend re #4 MOTION and Motion to Hold Timely Filed Petition in Abeyance If Answer Is Found To Be Against Petitioner by Julie Ann Surbaugh. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 cover letter, #11 Envelope)(jmm) |
| Filing 15 RETURN RECEIPT as to #12 Order, #13 Order, #14 Order on Motion to Appoint Counsel. SERVICE ACCEPTED on 10/30/2020. (jmm) |
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Filing 14
ORDER DENYING PETITIONER'S #10 MOTION FOR APPOINTED COUNSEL. Signed by Magistrate Judge Michael John Aloi on 10/29/20. (mh) (Copy PS Petitioner via cert mail) (Additional attachment(s) added on 10/29/2020: #1 Certified Mail Return Receipt) (jmm).
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Filing 13
ORDER DENYING PETITIONERS PENDING MOTIONS AND REQUIRING PETITIONER TO REFILE HER CLAIMS ON THIS COURTS APPROVED FORM PETITION, MEETING THE REQUIREMENTS SET FORTH HEREIN; AND DIRECTING CLERK TO SEND PETITIONER A COPY OF THIS COURTS LOCAL RULES OF PRISONER LITIGATION PROCEDURE. Signed by Magistrate Judge Michael John Aloi on 10/29/20. (mh) (Copy PS Petitioner via cert mail) Modified on 10/29/2020 (mh). (2254 Forms, along with LR of Prisoner Litigation Procedure sent to Petitioner) (Additional attachment(s) added on 10/29/2020: #1 Certified Mail Return Receipt) (jmm).
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Filing 12
ORDER DENYING #9 APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT. Signed by Magistrate Judge Michael John Aloi on 10/29/20. (mh) (Copy Petitioner via cert mail) (Additional attachment(s) added on 10/29/2020: #1 Certified Mail Return Receipt) (jmm).
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| Filing 11 Motion for Leave to File a Brief in Support of Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus by Julie Ann Surbaugh. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 cover letter, #4 Envelope)(jmm) |
| Filing 10 Motion For Appointment Of Counsel by Julie Ann Surbaugh. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 cover letter, #4 Envelope)(jmm) |
| Filing 9 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Julie Ann Surbaugh. (Attachments: #1 Envelope)(jmm) |
| Filing 8 RETURN RECEIPT as to #3 Notice Of General Guidelines. SERVICE ACCEPTED on 10/5/2020. (jmm) |
| Filing 7 NOTICE of Appearance by Scott E. Johnson on behalf of J. D. Sallaz (Johnson, Scott) |
| Filing 6 Motion For Substitution by Julie Ann Surbaugh. (Attachments: #1 Exhibit 13, #2 cover letter, #3 Envelope)(jmm) |
| Filing 5 MOTION To Clarify Express Wording Required by Julie Ann Surbaugh. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 cover letter, #5 Envelope)(jmm) |
| Filing 4 MOTION to Strike Intent to File Rule 25 Rehearing in Supreme Court of Appeals from Section 18: timeliness of the Petition in the Petition Under 18 USC 2254 Write of Habeas Corpus Previously filed by Julie Ann Surbaugh. (Attachments: #1 Envelope)(mh) |
| Filing 3 Notice of General Guidelines for Appearing Pro Se In Federal Court as to Julie Ann Surbaugh. (copy via certified mail) (jmm) (Additional attachment(s) added on 10/1/2020: #1 Certified Mail Return Receipt) (jmm). |
| Filing 2 Filing fee: $ 5.00, receipt number WVNE015833. (jmm) |
| Filing 1 PETITION for Writ of Habeas Corpus against J. D. Sallaz, filed by Julie Ann Surbaugh. (Attachments: #1 Letter to Clerk, #2 Envelope, #3 certificate of service, #4 Attachment 1, #5 Transcript, #6 Affidavit, #7 Petition Under WV code 53-4A-1, #8 Motion to Supreme Courts of Appeals, #9 email, #10 Memorandum Decision from WV Supreme Court of Appeals, #11 Attachment, #12 Exhibit, #13 Exhibit 1 Jury trial 2014 Transcripts, #14 Exhibit 2 Pretrial 2014 Transcripts, #15 Exhibit 3 Jury Trial 2010 Transcripts, #16 Exhibit 4 Autopsy Report, #17 Exhibit 5, #18 Exhibit 6, #19 Exhibit 7, #20 Exhibit 8, #21 Exhibit 9, #22 Exhibit 11, #23 Exhibit 12, #24 Exhibit 13, #25 Attachment first trail, #26 Attachment second trial, #27 Attachment)(There was no Exhibit # 10)(jmm) (Additional attachment(s) added on 10/1/2020: #28 Attachment, #29 Attachment conitnued, #30 Attachment continued, #31 Pretrial from 1st Trial) (jmm). |
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| Petitioner: Julie Ann Surbaugh | |
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| Respondent: J. D. Sallaz | |
| Represented By: | Karen C. Villanueva-Matkovich |
| Represented By: | Scott E. Johnson |
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