Burgess v. Ballard
Petitioner: Scott B. Burgess
Respondent: David Ballard
Case Number: 2:2016cv10949
Filed: November 16, 2016
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: 28:2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 3, 2021 Opinion or Order 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)
October 6, 2020 Opinion or Order 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)
October 20, 2017 Opinion or Order 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)
April 18, 2017 Opinion or Order 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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