Barbe v. McBride

Barbe v. McBride

Petitioner:	Donald Raymond Barbe
Respondent:	Thomas McBride
Case Number:	2:2007cv00025
Filed:	March 19, 2007
Court:	US District Court for the Northern District of West Virginia
Office:	Elkins Office
County:	Fayette
Presiding Judge:
Presiding Judge:	Robert E. Maxwell
Presiding Judge:	James E Seibert
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
September 15, 2010	Filing 48 ORDER adopting 43 Report and Recommendations. Order granting 29 Motion for Partial Summary Judgment with regard to the petitioner's contention that his due process rights were violated as to Counts Ten and Eleven. ORDERED that the 1 Peti tion for Writ of Habeas Corpus is GRANTED with regard to the petitioner's contention that his ex post facto rights were violated when the state court sentenced him on Counts Ten and Eleven. This Court issues a writ of habeas corpus, VACATES the sentences imposed on the petitioner with regard to Counts Ten and Eleven of the Indictment, and REMANDS this case to the Circuit Court of Ohio County, WV. ORDERED that this action is DISMISSED and RETIRED from the docket. (copies Circuit Court of Ohio Cty, WV) Signed by Chief Judge John Preston Bailey on 9/15/10. (jss)

Date Filed

Document Text

September 15, 2010

Filing 48 ORDER adopting 43 Report and Recommendations. Order granting 29 Motion for Partial Summary Judgment with regard to the petitioner's contention that his due process rights were violated as to Counts Ten and Eleven. ORDERED that the 1 Peti tion for Writ of Habeas Corpus is GRANTED with regard to the petitioner's contention that his ex post facto rights were violated when the state court sentenced him on Counts Ten and Eleven. This Court issues a writ of habeas corpus, VACATES the sentences imposed on the petitioner with regard to Counts Ten and Eleven of the Indictment, and REMANDS this case to the Circuit Court of Ohio County, WV. ORDERED that this action is DISMISSED and RETIRED from the docket. (copies Circuit Court of Ohio Cty, WV) Signed by Chief Judge John Preston Bailey on 9/15/10. (jss)

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Petitioner: Donald Raymond Barbe
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Respondent: Thomas McBride
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