Christian v. Waid

Christian v. Waid

Case Number:	3:2005cv00879
Filed:	November 7, 2005
Court:	US District Court for the Southern District of West Virginia
Office:	Huntington Office
Presiding Judge:	Robert C. Chambers
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
August 8, 2013	Filing 80 MEMORANDUM OPINION AND ORDER the Court Adopts the Magistrate's Judge's 78 Proposed Findings and Recommendations, as modified; Christian's objections to the finding that the West Virginia recidivist penalty would have applied to him is Granted; all other objections are Denied; the Court Orders: Respondent's 54 motion for summary judgment is Granted; Christian's 60 motion for summary judgment is Denied; Christian's 39 petition for a writ of habeas corpus is Denied; Christian's 58 Motion to engage in discovery is Denied; Christian's 59 Motion for Production of telephone recordings is Denied; the Court Issues a certificate of appealability on the narrow issue of whether counsel rendered inef fective assistance in advising Christian regarding the applicability of the recidivist statute to his case; and this action is Dimissed, with prejudice, and shall be stricken from the docket of this Court. Signed by Judge Robert C. Chambers on 8/8/2013. (cc: attys; any unrepresented party) (skm)

Date Filed

Document Text

August 8, 2013

Filing 80 MEMORANDUM OPINION AND ORDER the Court Adopts the Magistrate's Judge's 78 Proposed Findings and Recommendations, as modified; Christian's objections to the finding that the West Virginia recidivist penalty would have applied to him is Granted; all other objections are Denied; the Court Orders: Respondent's 54 motion for summary judgment is Granted; Christian's 60 motion for summary judgment is Denied; Christian's 39 petition for a writ of habeas corpus is Denied; Christian's 58 Motion to engage in discovery is Denied; Christian's 59 Motion for Production of telephone recordings is Denied; the Court Issues a certificate of appealability on the narrow issue of whether counsel rendered inef fective assistance in advising Christian regarding the applicability of the recidivist statute to his case; and this action is Dimissed, with prejudice, and shall be stricken from the docket of this Court. Signed by Judge Robert C. Chambers on 8/8/2013. (cc: attys; any unrepresented party) (skm)

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