Clement v. Ballard

Clement v. Ballard

Petitioner:	Larry Clement
Respondent:	David Ballard
Case Number:	2:2015cv02320
Filed:	February 27, 2015
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
County:	Fayette
Presiding Judge:	Thomas E. Johnston
Presiding Judge:	Cheryl A. Eifert
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 4, 2021	Filing 49 MEMORANDUM OPINION AND ORDER overruling Petitioner's 45 and 46 Objections; adopting the 40 Proposed Findings and Recommendations; granting 25 Motion for Summary Judgment; denying Petitioner's 2 and 20 Petition for a Writ of Habeas Corpus; the Clerk is directed to remove this action from the Court's active docket; the Court declines to issue a Certificate of Appealability. Signed by Judge Thomas E. Johnston on 8/4/2021. (cc: counsel of record; any unrepresented party) (lca)
November 2, 2015	Filing 13 MEMORANDUM OPINION AND ORDER adopting the 12 Proposed Findings and Recommendation; denying without prejudice petitioner's 2 request for habeas corpus relief; granting defendant's 10 Motion to Dismiss, or in the alternative Motion for Stay and Abeyance, insofar as it requests stay and abeyance, STAYS this case to allow petitioner to pursue state court remedies for his unexhausted claims; and holds in abeyance petitioner's 2 habeas petition pending exhaustion of state c ourt remedies; directing that the stay be conditioned upon petitioner pursuing his state court remedies within 30 days of the entry of this Order; petitioner to return to this Court no less than 30 days after exhausting his state court remedies to request that the stay be lifted. Signed by Judge Thomas E. Johnston on 11/2/2015. (cc: petitioner, pro se; counsel of record; any unrepresented party) (taq)

Date Filed

Document Text

August 4, 2021

Filing 49 MEMORANDUM OPINION AND ORDER overruling Petitioner's 45 and 46 Objections; adopting the 40 Proposed Findings and Recommendations; granting 25 Motion for Summary Judgment; denying Petitioner's 2 and 20 Petition for a Writ of Habeas Corpus; the Clerk is directed to remove this action from the Court's active docket; the Court declines to issue a Certificate of Appealability. Signed by Judge Thomas E. Johnston on 8/4/2021. (cc: counsel of record; any unrepresented party) (lca)

November 2, 2015

Filing 13 MEMORANDUM OPINION AND ORDER adopting the 12 Proposed Findings and Recommendation; denying without prejudice petitioner's 2 request for habeas corpus relief; granting defendant's 10 Motion to Dismiss, or in the alternative Motion for Stay and Abeyance, insofar as it requests stay and abeyance, STAYS this case to allow petitioner to pursue state court remedies for his unexhausted claims; and holds in abeyance petitioner's 2 habeas petition pending exhaustion of state c ourt remedies; directing that the stay be conditioned upon petitioner pursuing his state court remedies within 30 days of the entry of this Order; petitioner to return to this Court no less than 30 days after exhausting his state court remedies to request that the stay be lifted. Signed by Judge Thomas E. Johnston on 11/2/2015. (cc: petitioner, pro se; counsel of record; any unrepresented party) (taq)

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Petitioner: Larry Clement
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Respondent: David Ballard
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