Buxton v. Ballard

Buxton v. Ballard

Petitioner:	Terry L. Buxton
Respondent:	David Ballard
Case Number:	3:2016cv04489
Filed:	May 19, 2016
Court:	US District Court for the Southern District of West Virginia
Office:	Huntington Office
County:	Kanawha
Presiding Judge:	Robert C. Chambers
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
April 26, 2017	Filing 25 MEMORANDUM OPINION AND ORDER accepting and incorporating the 24 Findings and Recommendations of the Magistrate Judge; GRANTING Petitioner's request for a stay and abeyance; DENYING without prejudice Respondent's 15 MOTION to Dismiss, as premature, but GRANTING Respondent's alternate request for a stay and abeyance; directing that Petitioner be GRANTED a STAY so that he may pursue his state court remedies for his unexhausted claims and that the stay be conditioned on Petition er pursuing his state court remedies within 30 days of the date that the order to stay is entered; and Petitioner's habeas petition be held in ABEYANCE pending exhaustion of state court remedies, and Petitioner be required to return to federal court within 30 days after he has exhausted his state court remedies and seek to lift the stay, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 4/26/2017. (cc: attys; any unrepresented parties) (mkw)
September 16, 2016	Filing 9 MEMORANDUM OPINION and ORDER directing that Respondent, on or before 10/28/2016, shall answer the 2 Petition as more fully set forth herein; Petitioner may, if he wishes, file a reply to the answer or response of theRespondent within thirty (30) da ys after service of same by the Respondent; denying without prejudice the Petitioner's 3 MOTION for appointment of counsel. Signed by Magistrate Judge Cheryl A. Eifert on 9/16/2016. (cc: WV Attorney General; Petitioner; counsel of record) (jsa)

Date Filed

Document Text

April 26, 2017

Filing 25 MEMORANDUM OPINION AND ORDER accepting and incorporating the 24 Findings and Recommendations of the Magistrate Judge; GRANTING Petitioner's request for a stay and abeyance; DENYING without prejudice Respondent's 15 MOTION to Dismiss, as premature, but GRANTING Respondent's alternate request for a stay and abeyance; directing that Petitioner be GRANTED a STAY so that he may pursue his state court remedies for his unexhausted claims and that the stay be conditioned on Petition er pursuing his state court remedies within 30 days of the date that the order to stay is entered; and Petitioner's habeas petition be held in ABEYANCE pending exhaustion of state court remedies, and Petitioner be required to return to federal court within 30 days after he has exhausted his state court remedies and seek to lift the stay, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 4/26/2017. (cc: attys; any unrepresented parties) (mkw)

September 16, 2016

Filing 9 MEMORANDUM OPINION and ORDER directing that Respondent, on or before 10/28/2016, shall answer the 2 Petition as more fully set forth herein; Petitioner may, if he wishes, file a reply to the answer or response of theRespondent within thirty (30) da ys after service of same by the Respondent; denying without prejudice the Petitioner's 3 MOTION for appointment of counsel. Signed by Magistrate Judge Cheryl A. Eifert on 9/16/2016. (cc: WV Attorney General; Petitioner; counsel of record) (jsa)

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Petitioner: Terry L. Buxton
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Respondent: David Ballard
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