Clyburn v. Berkebile
| Larry Clyburn |
| David Berkebile |
| 5:2009cv00155 |
| February 20, 2009 |
| US District Court for the Southern District of West Virginia |
| Habeas Corpus (General) Office |
| Raleigh |
| Thomas E. Johnston |
| R. Clarke VanDervort |
| None |
| Federal Question |
| 28:2241 Petition for Writ of Habeas Corpus (federal) |
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The following documents for this case are available for you to view or download:
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Filing
16
ORDER: finding that the 14 MOTION by Larry Clyburn for Clarification or in the Alternative for Declaratory Judgment should have been filed in Petitioner's newly filed case in the Western District of Virginia; ordering the Clerk of Court to STRIKE the instant filing from the record of this Court; directing the Clerk to send a copy of this Order and Petitioner's 14 Motion for Clarification or in the Atlernative Motion for Declaratory Judgment to the Petitioner. Signed by Judge Irene C. Berger on 9/27/2011. (cc: attys; Petitioner, along with a copy of the 14 Motion) (slr)
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Filing
12
MEMORANDUM OPINION AND ORDER: transferring this matter to the Western District of Virginia pursuant to 28 U.S.C. Section 1631; directing the Clerk to remove this matter from the Court's docket. Signed by Magistrate Judge R. Clarke VanDervort on 9/7/2011. (cc: attys; any unrepresented party; Clerk, U. S. District Court, Western District of Virginia) (slr)
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Filing
9
MEMORANDUM OPINION AND ORDER ADOPTING IN PART PROPOSED FINDINGS AND RECOMMENDATIONS: adopting the findings of the 7 Proposed Findings and Recommendations by Magistrate Judge; declining the Magistrate Judge's recommendation of dismissal; direct ing the Petitioner to notify the Court within 20 days of this Order if he does not wish for his petition to be construed as a Section 2255 motion; if Petitioner does not object to the Court recharacterizing his petition as a Section 2255 motion, then Petitioner shall, within 20 days from the date of this Order, demonstrate to the Court that the Section 2255 motion would be timely filed; this matter is re-referred to the Honorable U. S. Magistrate Judge R. Clarke VanDervort for consideration of Petitioner's response, if any, consistent with the instant order. Signed by Judge Irene C. Berger on 12/7/2010. (cc: attys; any unrepresented party) (slr)
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| Petitioner: Larry Clyburn | |
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| Respondent: David Berkebile | |
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