Burgess v. Ballard
| Scott B. Burgess |
| David Ballard |
| 2:2016cv10949 |
| November 16, 2016 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Fayette |
| Thomas E. Johnston |
| Cheryl A. Eifert |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
59
ORDER The 58 Proposed Findings and Recommendation is ADOPTED; the Respondent's 52 Motion for Summary Judgment is GRANTED; and the Petitioner's 2 Petition for Writ of Habeas Corpus is DENIED; the Clerk is directed to remove this matter from the Court's docket. Signed by Judge Thomas E. Johnston on 6/3/2021. (cc: counsel of record; any unrepresented party) (kew)
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Filing
49
MEMORANDUM OPINION AND ORDER denying petitioner's 47 MOTION by Scott B. Burgess to Appoint 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 10/6/2020. (cc: petitioner, respondent, counsel of record) (lca)
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Filing
29
MEMORANDUM OPINION AND ORDER adopting the 28 Proposed Findings and Recommendation by Magistrate Judge; granting Petitioner's 22 Motion for Stay and Abeyance; denying without prejudice Respondent's 15 Motion to Dismiss for Failu re to Exhaust State Remedies; 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 court remedies; this case is REMOVE D from the active docket of this Court; directing that the stay be conditioned upon Petitioner pursuing his state court remedies within 30 days of the entry of this Order; Petitioner 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 10/20/2017. (cc: counsel of record; any unrepresented party) (taq)
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Filing
20
MEMORANDUM AND OPINION AND ORDER denying 5 MOTION by Scott B. Burgess for Appointment of Counsel. Signed by Magistrate Judge Cheryl A. Eifert on 4/18/2017. (cc: attys; any unrepresented party) (tmr)
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| Petitioner: Scott B. Burgess | |
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| Respondent: David Ballard | |
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