Smith v. Rickard
| Clarence Ray Smith, Jr. |
| Barbara Rickard |
| 1:2018cv01250 |
| August 23, 2018 |
| US District Court for the Southern District of West Virginia |
| Cheryl A Eifert |
| David A Faber |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 11
ORDER re: #9 MOTION by Barbara Rickard to Dismiss: Petitioner shall have sixty (60) days from the date of service of same in which to file a response. Following service of Petitioner's response, if such is filed, Respondent shall have fourteen (14) days within which to reply. Signed by Magistrate Judge Cheryl A. Eifert on 10/15/2018. (cc: Petitioner and counsel of record) (arb)
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| Filing 10 MEMORANDUM by Barbara Rickard in support of #9 MOTION by Barbara Rickard to Dismiss #1 Petition for Writ of Habeas Corpus or, in the alternative, to transfer (File, John) |
| Filing 9 MOTION by Barbara Rickard to Dismiss #1 Petition for Writ of Habeas Corpus or, in the alternative, to transfer (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 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18) Motion referred to Magistrate Judge Cheryl A. Eifert.(File, John) |
| Filing 7 NOTICE OF CHANGE OF ATTORNEY INFORMATION by John L. File appearing on behalf of Barbara Rickard. (File, John) |
| Filing 8 RETURN RECEIPT CARD received by United States Attorney on 8/30/2018 re: #6 Order to Show Cause. Signed by Vicky Dickerson. (arb) |
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Filing 6
ORDER re: Petitioner's #1 Section 2241 Petition: It is ORDERED that Respondent is to answer or otherwise respond to the Petition within sixty (60) days of the entry of this Order. Petitioner may, if he wishes, file a reply to the answer or response of the Respondent within sixty (60) days after service of same by the Respondent. Signed by Magistrate Judge Cheryl A. Eifert on 8/28/2018. (Attachment: #1 Certified Mail Receipt) (cc: Petitioner and cc w/copy of Section 2241 Petition and Memorandum of Law in Support: USA, by cert. mail, RRR) (arb)
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| Filing 5 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc) |
| CASE assigned to Judge David A. Faber. (klc) |
| Filing 4 LETTER to Clarence Ray Smith, Jr., from Clerk, USDC, dated 8/23/2018, enclosing a copy of his Section 2241 Petition and Memorandum of Law in Support. (arb) |
| Filing 3 Filing Fee: $5.00, Receipt Number 1BLUE001446. (arb) |
| Filing 2 MEMORANDUM OF LAW by Clarence Ray Smith, Jr. in support of his #1 Petition for Writ of Habeas Corpus (2241) Thats Consistent with the Criteria Set Forth in U.S. V. Gerald Adrian Wheeler 2018 U.S. App. Lexis 7756 (4th Cir 2018) Requiring This Honorable Court to Revisit Petitioner's (Now) Invalid (ACCA) 18 U.S.C. 924(c) Enhancement for (3) Alleged "Serious Drug Convictions" Pursuant to (Tex. Health & Safety "Delivery Conduct" Under Code Ann. 481.112), See U.S. v. Hinkle 832 F.3d 569 (5th Cir 2016) (and Collecting Cases That Followed), Further in Support by Fourth Circuit Precedent. (arb) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS by Clarence Ray Smith, Jr. against Barbara Rickard, Warden pursuant to Title 28, United States Code, Section 2241. (arb) |
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| Petitioner: Clarence Ray Smith, Jr. | |
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| Respondent: Barbara Rickard | |
| Represented By: | John L. File |
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