Coontz v. Searls
| William Eric Coontz |
| Shelby O. Searls |
| 5:2022cv00212 |
| August 30, 2022 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| James P Mazzone |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 27 Electronic Record Transmitted to Fourth Circuit re #18 Notice of Appeal (lmm) |
| Filing 26 USCA Records Request as to #18 Notice of Appeal filed by William Eric Coontz (lmm) |
Filing 25
ORDER DENYING CERTIFICATE OF APPEALABILITY; denying as moot #4 Motion for Expedited Relief in the Fair Administration of Justice. Signed by District Judge John Preston Bailey on 10/14/2022. (ag)(pro se PET cm rrr; 4th Circuit USCA by cm/ecf) (Additional attachment(s) added on 10/14/2022: #1 Certified Mail Return Receipt) (ag).
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Filing 24
ORDER of USCA as to #18 Notice of Appeal filed by William Eric Coontz, #21 Duplicate Notice of Appeal filed by William Eric Coontz. This case is remanded to the district court for the limited purpose of permitting the district court to supplement the record with an order granting or denying a certificate of appealability. (ag)
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| Filing 23 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #21 Duplicate Notice of Appeal. (ag) |
| Filing 22 NOTICE of Change of Address by William Eric Coontz. (Attachments: #1 Envelope)(ag)(address updated) |
| Filing 21 DUPLICATE NOTICE OF APPEAL as to #16 Order Adopting Report and Recommendations by William Eric Coontz. DUPLICATE to #18 . (Attachments: #1 Envelope)(ag) |
| Filing 20 USCA NOTICE OF APPELLATE CASE OPENING: re #18 Notice of Appeal filed by William Eric Coontz. 4th Circuit USCA Case Number: 22-7182. Case Manager: N. Sims 804-916-2704. (ag) |
| Filing 19 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #18 Notice of Appeal (lmm) |
| Filing 18 NOTICE OF APPEAL as to #16 Order Adopting Report and Recommendations by William Eric Coontz. (Attachments: #1 copy of NOA, #2 Envelope)(lmm) |
| Filing 17 RETURN RECEIPT as to #16 ORDER ADOPTING REPORT AND RECOMMENDATION. SERVICE ACCEPTED on 10/6/2022. (nmm) |
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Filing 16
ORDER ADOPTING REPORT AND RECOMMENDATION #11 . Petitioner's objections Doc. #14 are OVERRULED. This Court ORDERS that petitioner's 2254 Petition for a Writ of Habeas Corpus By a Person in State Custody Doc. #1 is DENIED and DISMISSED WITHOUT PREJUDICE. The Motion for Leave to Waive State Court Proceedings Doc. #2 and Motion for Appointment of Counsel Doc. #3 is DENIED. Moreover, the Application and Affidavit to Proceed Without Prepayment of Fees Doc. #7 and Motion for Leave to Conduct Discovery and Order for Respondent to Produce all Discovery Material Doc. #10 are DENIED AS MOOT. Signed by District Judge John Preston Bailey on 10/4/2022. (ag)(pro se PET cm rrr) (Additional attachment(s) added on 10/4/2022: #1 Certified Mail Return Receipt) (ag).
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| Filing 15 NOTICE of Appearance by Mary Beth Niday on behalf of Shelby O. Searls (Niday, Mary) |
| Filing 14 OBJECTIONS TO #11 REPORT AND RECOMMENDATION ENTERED ON SEPTEMBER 19, 2022. (Attachments: #1 Exhibit 1 - documents, #2 Cover Letter, #3 Envelope)(filed copy sent to Petitioner per request) (lmm) |
| Filing 13 CERTIFICATE OF SERVICE by William Eric Coontz. (Attachments: #1 Motion, #2 Envelope)(lmm) |
| Filing 12 RETURN RECEIPT as to #11 REPORT AND RECOMMENDATIONS. SERVICE ACCEPTED on 9/21/22. (lmm) |
| Filing 11 REPORT AND RECOMMENDATION. The undersigned recommends that #1 petitioner's 2254 petition be DENIED and DISMISSED WITHOUT PREJUDICE. It is further recommended that the #2 Motion for Leave to Waive State Court Proceedings. #3 and Motion for Appointment of Counsel be DENIED, and the #4 Motion for Expedited Relief in the Fair Administration of Justice, #7 Application and Affidavit to Proceed Without Prepayment of Fees, and #10 Motion for Leave to Conduct be DENIED AS MOOT. The Clerk is DIRECTED to terminate the Magistrate Judge association with this case. Signed by Magistrate Judge James P. Mazzone on 9/19/22. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 9/19/2022: #1 Certified Mail Return Receipt) (lmm). |
| Magistrate Judge James P. Mazzone no longer assigned to case per #11 Report and Recommendation. (lmm) |
| Filing 10 MOTION FOR LEAVE TO CONDUCT DISCOVERY AND ORDER FOR RESPONDENT TO PRODUCE ALL DISCOVERY MATERIAL by William Eric Coontz. (Attachments: #1 Cover Letter, #2 Envelope) (filed copy sent to Petitioner via US Mail) (lmm) |
| Filing 9 RETURN RECEIPT as to #6 Notice #5 Notice. SERVICE ACCEPTED on 9/1/22. (lmm) |
| Filing 8 ** SEALED ** Prisoner Trust Fund Account Statement by William Eric Coontz. (Attachments: #1 Ledger Sheets, #2 Envelope)(lmm) |
| Filing 7 ** SEALED** MOTION for Leave to Proceed in forma pauperis by William Eric Coontz. (Attachments: #1 Envelope)(lmm) |
| Filing 6 NOTICE OF DEFICIENT PLEADING. (Attachments: #1 Attach. B & C of 2254 Form) (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 8/30/2022: #2 Certified Mail Return Receipt) (lmm). |
| Filing 5 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 8/30/2022: #1 Certified Mail Return Receipt) (lmm). |
| Filing 4 MOTION FOR EXPEDITED RELIEF IN THE FAIR ADMINISTRATION OF JUSTICE by William Eric Coontz. (Attachments: #1 Envelope)(lmm) |
| Filing 3 MOTION FOR APPOINTMENT OF COUNSEL by William Eric Coontz. (Attachments: #1 Envelope)(lmm) |
| Filing 2 MOTION FOR LEAVE TO WAIVE STATE COURT PROCEEDINGS PURSUANT TO 28 U.S.C. 2254 by William Eric Coontz. (Attachments: #1 Envelope)(lmm) |
| Filing 1 PETITION for Writ of Habeas Corpus against Shelby O. Searls, filed by William Eric Coontz. (Attachments: #1 Attachments in Support of Petition, #2 Attachments in Support of Petition, #3 Judicial Notice, #4 Cover Letter, #5 Envelope)(lmm) |
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| Petitioner: William Eric Coontz | |
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| Respondent: Shelby O. Searls | |
| Represented By: | Karen C. Villanueva-Matkovich |
| Represented By: | Mary Beth Niday |
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