Johnson v. Plumley

Johnson v. Plumley

Petitioner:	Elwood L. Johnson
Respondent:	Marvin C. Plumley
Case Number:	2:2017cv00006
Filed:	January 23, 2017
Court:	US District Court for the Northern District of West Virginia
Office:	Elkins Office
County:	Randolph
Presiding Judge:	John Preston Bailey
Presiding Judge:	James E. Seibert
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
June 23, 2022	Filing 84 ORDER ADOPTING 81 REPORT AND RECOMMENDATION: Respondents Motion to Dismiss as Unexhausted or Alternatively, Motion to Hold the Matter in Abeyance to Permit Exhaustion 21 is DENIED AS MOOT. Petitioners § 2254 petition 1 is DENIED AND DI SMISSED WITH PREJUDICE. Petitioners Motion for Summary Judgment 15 is DENIED. Petitioners Motion to Active Case Status 64 is GRANTED. Petitioners Motion for a Directed Verdict 80 is DENIED. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. This Court DECLINES to issue a certificate of appealability. Signed by District Judge John Preston Bailey on 6/23/22. (Attachments: # 1 Certified Mail Return Receipt)(jss)

Date Filed

Document Text

June 23, 2022

Filing 84 ORDER ADOPTING 81 REPORT AND RECOMMENDATION: Respondents Motion to Dismiss as Unexhausted or Alternatively, Motion to Hold the Matter in Abeyance to Permit Exhaustion 21 is DENIED AS MOOT. Petitioners § 2254 petition 1 is DENIED AND DI SMISSED WITH PREJUDICE. Petitioners Motion for Summary Judgment 15 is DENIED. Petitioners Motion to Active Case Status 64 is GRANTED. Petitioners Motion for a Directed Verdict 80 is DENIED. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. This Court DECLINES to issue a certificate of appealability. Signed by District Judge John Preston Bailey on 6/23/22. (Attachments: # 1 Certified Mail Return Receipt)(jss)

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Petitioner: Elwood L. Johnson
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Respondent: Marvin C. Plumley
Represented By:	Laura J. Young
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