McPherson v. Mutter
| Wayne McPherson |
| Brad Douglas and R. S. Mutter |
| 1:2023cv00057 |
| January 26, 2023 |
| 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 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.
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Filing 10
ORDER directing Petitioner to address Respondent's #9 Supplement to his Motion to Dismiss within the timeframe ordered by the Court as stated in the #8 Order entered on 3/6/2023. Following service of Petitioner's response, if such is filed, Respondent shall have fourteen days within which to reply. Signed by Magistrate Judge Cheryl A. Eifert on 3/14/2023. (cc: Petitioner and counsel of record) (arb)
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Filing 9
SUPPLEMENTAL MOTION by R. S. Mutter to Dismiss re: #2 Petition. Motion referred to Magistrate Judge Cheryl A. Eifert.(Buck, Thomas) (Modified to add link to #2 petition) (mk).
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Filing 8
ORDER directing Petitioner to file a response to the #6 MOTION by R. S. Mutter to Dismiss, or in the Alternative, MOTION for Judgment on the Pleadings within thirty (30) days from the date of service of same. 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 3/6/2023. (cc: Petitioner and counsel of record) (arb)
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Filing 7
MEMORANDUM OF LAW by R. S. Mutter in support of #6 MOTION by R. S. Mutter to Dismiss or, in the Alternative, for Judgment on the Pleadings re: 2 Petition (Calhoun, Jonathan) (Modified on 3/3/2023 to remove terminated party filer)(mk).
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Filing 6
MOTION by R. S. Mutter to Dismiss or, in the Alternative, for Judgment on the Pleadings re: #2 Petition (Attachments: #1 Exhibit 1, #2 Exhibit 2). Motion referred to Magistrate Judge Cheryl A. Eifert.(Calhoun, Jonathan) (Modified on 3/3/2023 to remove terminated party filer and add link to #2 petition) (mk).
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Filing 5
ORDER directing the Clerk to remove Brad Douglas as a Respondent; granting the #1 APPLICATION by Wayne McPherson to Proceed Without Prepayment of Fees and Costs; directing Petitioner to make monthly payments equal to 20 percent of the preceding month's income credited to his trust account until the full filing fee of $5.00 has been paid, with the first payment due on or before 2/15/2023, and subsequent payments due on the fifth of each month thereafter; directing Stevens Correctional Center, or any other agency having custody of the Petitioner, to forward payments from Petitioner's trust account to the Clerk of Court each time the amount in Petitioner's prisoner account exceeds $10, until the full filing fee is paid; directing Respondent to answer or otherwise respond to the #3 MOTION by Wayne McPherson to Waive State Court Proceedings within forty-five (45) days of the entry of this Order showing cause, if any, why the relief sought should not be granted. Petitioner shall have thirty (30) days thereafter to file a reply to Respondent's response. Signed by Magistrate Judge Cheryl A. Eifert on 1/26/2023. (cc: Petitioner; WV Attorney General w/Section 2241 Petition and Motion to Waive State Court Proceedings; Trustee Clerk, Stevens Correctional Center) (arb)
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Filing 4
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)
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CASE assigned to Senior Judge David A. Faber. (klc)
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Filing 3
MOTION by Wayne McPherson to Waive State Court Proceedings Pursuant to 28 U.S.C. 2254(b)(1)(B)(ii) Due to the West Virginia Supreme Court of Appeals Failing to Process Petitioner's Petition for Writ of Habeas Corpus Resulting in Denial of Due Process of Law (arb)
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Filing 2
PETITION FOR WRIT OF HABEAS CORPUS by Wayne McPherson against Brad Douglas, Acting Commissioner and R. S. Mutter, Superintendent, pursuant to Title 28, United States Code, Section 2241. (Attachments: #1 Exhibit 1, #2 Cover Letter, #3 Envelope) (arb)
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Filing 1
APPLICATION by Wayne McPherson to Proceed Without Prepayment of Fees and Costs (Attachment: #1 Inmate Account Information) (arb)
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