Payne v. Ballard

Payne v. Ballard

Petitioner:	Jason M. Payne
Respondent:	David Ballard
Case Number:	2:2017cv00126
Filed:	October 12, 2017
Court:	US District Court for the Northern District of West Virginia
Office:	Elkins Office
County:	Fayette
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
September 4, 2018	Filing 50 ORDER ADOPTING 36 REPORT AND RECOMMENDATIONS: Petitioners Objections to Report and Recommendation [Doc. 46 are OVERRULED. Petitioners docketed Motion for Evidentiary Hearing [Doc. 47 , which is identical to petitioners Objections to Report and Recommendation, is DENIED. Additionally, petitioners Motion for Evidentiary Hearing and Motion for Appointment of Counsel [Doc. 31 is DENIED. Respondents Motion for Summary Judgment [Doc. 22 is hereby GRANTED and petitioners 1 Petition Under 28 U.S.C § 2254 is hereby DENIED and DISMISSED WITH PREJUDICE. The clerk is directed to enter judgment in favor of the respondent. This case is hereby ORDERED STRICKEN from the active docket of this Court. This Court hereby DENIES petitioners Motion for a Certificate of Appealability [Doc. 48 . Signed by District Judge John Preston Bailey on 9/4/18. (njz) copy mailed to pro se pet via cert. return rec't mail

Date Filed

Document Text

September 4, 2018

Filing 50 ORDER ADOPTING 36 REPORT AND RECOMMENDATIONS: Petitioners Objections to Report and Recommendation [Doc. 46 are OVERRULED. Petitioners docketed Motion for Evidentiary Hearing [Doc. 47 , which is identical to petitioners Objections to Report and Recommendation, is DENIED. Additionally, petitioners Motion for Evidentiary Hearing and Motion for Appointment of Counsel [Doc. 31 is DENIED. Respondents Motion for Summary Judgment [Doc. 22 is hereby GRANTED and petitioners 1 Petition Under 28 U.S.C § 2254 is hereby DENIED and DISMISSED WITH PREJUDICE. The clerk is directed to enter judgment in favor of the respondent. This case is hereby ORDERED STRICKEN from the active docket of this Court. This Court hereby DENIES petitioners Motion for a Certificate of Appealability [Doc. 48 . Signed by District Judge John Preston Bailey on 9/4/18. (njz) copy mailed to pro se pet via cert. return rec't mail

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Petitioner: Jason M. Payne
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Respondent: David Ballard
Represented By:	Robert L. Hogan
Represented By:	Gordon Lee Mowen, II
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