Daye v. Ballard

Daye v. Ballard

Petitioner:	Cornell F. Daye
Respondent:	David Ballard
Case Number:	5:2008cv00215
Filed:	March 31, 2008
Court:	US District Court for the Southern District of West Virginia
Office:	Beckley Office
County:	Raleigh
Presiding Judge:	Thomas E. Johnston
Presiding Judge:	R. Clarke VanDervort
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
September 18, 2017	Filing 97 MEMORANDUM OPINION AND ORDER: overruling the Petitioner's 91 Objections to the Magistrate's Proposed Findings and Recommendations; adopting the Magistrate Judge's 93 Amended Proposed Findings and Recommendations; granting the Respo ndent's 71 Motion for Summary Judgment; dismissing Petitioner's 1 Petition Under 28 U.S.C. Section 2254 for Writ of Habeas Corpus by Person in State Custody, as amended by the Petitioner's 44 Supplemental Section 2254 Petition and 45 Supplemental Memorandum; removing this matter from the Court's docket; granting a certificate of appealability. Signed by Judge Irene C. Berger on 9/18/2017. (cc: Magistrate Judge Aboulhosn; attys; any unrepresented party) (btm)
May 6, 2014	Filing 59 ORDER: It is ORDERED that the 47 MOTION by Cornell F. Daye to Reopen Section 2254 Petition is GRANTED and this matter is REINSTATED to the active docket of the Court; it is ORDERED that Petitioner's 47 MOTION to Amend is GRANTED; it is O RDERED that Respondent shall be 6/5/2014 file an Answer to the allegations contained in the Petitioner's Original and Amended Petition (Documents Nos. 1, 44, and 45) and show cause why the Writ of Habeas Corpus sought by the Petitioner should no t be granted; Petitioner may file a Reply or Objections to Respondent's Answer by 7/5/2014. Signed by Magistrate Judge R. Clarke VanDervort on 5/6/2014. (cc: Petitioner, pro se; counsel of record, with a copy of Document Nos. 1,44, and 45, via cert. mail, RRR) (slr)

Date Filed

Document Text

September 18, 2017

Filing 97 MEMORANDUM OPINION AND ORDER: overruling the Petitioner's 91 Objections to the Magistrate's Proposed Findings and Recommendations; adopting the Magistrate Judge's 93 Amended Proposed Findings and Recommendations; granting the Respo ndent's 71 Motion for Summary Judgment; dismissing Petitioner's 1 Petition Under 28 U.S.C. Section 2254 for Writ of Habeas Corpus by Person in State Custody, as amended by the Petitioner's 44 Supplemental Section 2254 Petition and 45 Supplemental Memorandum; removing this matter from the Court's docket; granting a certificate of appealability. Signed by Judge Irene C. Berger on 9/18/2017. (cc: Magistrate Judge Aboulhosn; attys; any unrepresented party) (btm)

May 6, 2014

Filing 59 ORDER: It is ORDERED that the 47 MOTION by Cornell F. Daye to Reopen Section 2254 Petition is GRANTED and this matter is REINSTATED to the active docket of the Court; it is ORDERED that Petitioner's 47 MOTION to Amend is GRANTED; it is O RDERED that Respondent shall be 6/5/2014 file an Answer to the allegations contained in the Petitioner's Original and Amended Petition (Documents Nos. 1, 44, and 45) and show cause why the Writ of Habeas Corpus sought by the Petitioner should no t be granted; Petitioner may file a Reply or Objections to Respondent's Answer by 7/5/2014. Signed by Magistrate Judge R. Clarke VanDervort on 5/6/2014. (cc: Petitioner, pro se; counsel of record, with a copy of Document Nos. 1,44, and 45, via cert. mail, RRR) (slr)

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Petitioner: Cornell F. Daye
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Respondent: David Ballard
Represented By:	Dawn E. Warfield
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