Merchant v. Gore
Petitioner: Brian Merchant
Respondent: Charles Gore
Case Number: 1:2023cv00796
Filed: December 15, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Cheryl A Eifert
Referring Judge: David A Faber
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2024 Filing 12 NOTICE OF APPEARANCE by Mary Beth Niday on behalf of Charles Gore. (Niday, Mary)
January 5, 2024 Filing 11 NOTICE OF TERMINATION AND SUBSTITUTION by Andrea Nease Proper substituting representation for Karen Villanueva-Matkovich on behalf of Charles Gore. (Villanueva-Matkovich, Karen)
January 3, 2024 Opinion or Order Filing 10 ORDER The Court DENIES the #2 LETTER-FORM MOTION by Brian Merchant for Appointment of Counsel, without prejudice to the filing of a renewed motion should there be a change of circumstance that makes the need for counsel apparent. Signed by Magistrate Judge Cheryl A. Eifert on 1/3/2024. (cc: Petitioner; counsel of record) (mk)
January 3, 2024 Opinion or Order Filing 9 ORDER directing Respondent to answer or otherwise respond to the #3 Petition for Writ of Habeas Corpus (2254) by 3/15/2024, showing cause, if any, why the relief sought should not be granted. Petitioner may file a reply to the answer within forty-five (45) days after service of same by the Respondent. Signed by Magistrate Judge Cheryl A. Eifert on 1/3/2024. (cc: Petitioner; WV Attorney General w/Section 2254 Petition) (arb)
January 2, 2024 Filing 8 Filing Fee: $5.00, Receipt Number 2002018. (skm)
December 20, 2023 Opinion or Order Filing 7 ORDER denying the #1 APPLICATION by Brian Merchant to Proceed Without Prepayment of Fees and Costs. Petitioner shall have until 1/20/2024 to pay the $5.00 filing fee. Signed by Magistrate Judge Cheryl A. Eifert on 12/20/2023. (cc: Petitioner and WV Attorney General) (arb)
December 18, 2023 Filing 6 CLERK'S NOTICE OF FILING OF PETITION UNDER 28 USC 2254 FOR A WRIT OF HABEAS CORPUS (cc: counsel of record, Petitioner, Respondent) (arb)
December 18, 2023 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)
December 15, 2023 CASE assigned to Senior Judge David A. Faber. (klc)
December 15, 2023 Filing 4 LETTER to McDowell County Correctional Center, Attn: Inmate Drawing, from Clerk, U. S. District Court, dated 12/15/2023, returning Check No. 23733. (cc: Brian Merchant) (arb)
December 15, 2023 Filing 3 PETITION FOR WRIT OF HABEAS CORPUS by Brian Merchant against Charles Gore, Superintendent, pursuant to Title 28, United States Code, Section 2254. (Attachments: #1 Supporting Documentation, #2 Continuation, #3 Continuation, #4 Continuation, #5 Continuation, #6 Continuation, #7 Continuation, #8 Continuation, #9 Continuation, #10 Continuation, #11 Continuation, #12 Continuation, #13 Continuation, #14 Continuation, #15 Continuation, #16 Envelope 1, #17 Envelope 2) (arb)
December 15, 2023 Filing 2 LETTER-FORM MOTION by Brian Merchant for Appointment of Counsel. (arb)
December 15, 2023 Filing 1 APPLICATION by Brian Merchant to Proceed Without Prepayment of Fees and Costs. (Attachment: #1 Inmate Account Information) (arb)

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Petitioner: Brian Merchant
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Respondent: Charles Gore
Represented By: Andrea N. Proper
Represented By: Mary Beth Niday
Represented By: Karen Villanueva-Matkovich
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