Downey v. Maston
Petitioner: James Michael Downey
Respondent: State of West Virginia and Russell Maston
Case Number: 2:2020cv00153
Filed: February 27, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: Irene C Berger
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2020 Opinion or Order Filing 10 ORDER AND NOTICE directing Petitioner's response to the #8 Motion to Dismiss be filed with the Clerk of this Court by 06/08/2020. Signed by Magistrate Judge Omar J. Aboulhosn on 4/6/2020. (cc: Petition; counsel of record) (kew)
April 3, 2020 Filing 9 MEMORANDUM OF LAW by Russell Maston in support of #8 MOTION by Russell Maston to Dismiss #1 Petition for Writ of Habeas Corpus (2254). (Bissett, Lara)
April 3, 2020 Filing 8 MOTION by Russell Maston to Dismiss #1 Petition for Writ of Habeas Corpus (2254). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) Motion referred to Magistrate Judge Omar J. Aboulhosn. (Bissett, Lara)
March 18, 2020 Filing 7 NOTICE OF APPEARANCE by Lara Bissett on behalf of Russell Maston. (Bissett, Lara)
March 11, 2020 Filing 6 RETURN RECEIPT CARD received by State of West Virginia, West Virginia Attorney General re: #5 Order. (ts)
February 28, 2020 Opinion or Order Filing 5 ORDER directing the respondent file a limited Response addressing the timeliness of #1 Petition for Writ of Habeas Corpus (2254) by 4/10/2020, as more fully set forth herein; the Petitioner may file a Reply or Objections to Respondent's Response by 5/11/2020; further directing the Clerk to modify the Docket Sheet to reflect that Russell Maston is the proper Respondent herein, both in the style of the case and the short style at the top of the Docket Sheet. Signed by Magistrate Judge Omar J. Aboulhosn on 2/28/2020. (cc: Attorney General of the State of West Virginia; counsel of record; Petitioner) (Attachment: #1 Certified Mail Receipt) (ts). (Modified on 2/28/2020 to add attachment #1) (ts)
February 28, 2020 Filing 4 CLERK'S NOTICE OF FILING OF PETITION UNDER 28 USC 2254 FOR A WRIT OF HABEAS CORPUS by James Michael Downey to Attorney General. (kew)
February 28, 2020 Filing 3 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 Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc)
February 27, 2020 CASE assigned to Judge Irene C. Berger. (klc)
February 27, 2020 Filing 2 Filing Fee: $5.00, Receipt Number CHAR017081. (st)
February 27, 2020 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS by James Michael Downey against State of West Virginia pursuant to Title 28, United States Code, Section 2254. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Envelope) (kew)

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Respondent: State of West Virginia
Represented By: Karen Villanueva-Matkovich
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Respondent: Russell Maston
Represented By: Lara Bissett
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Petitioner: James Michael Downey
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