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04-597 - Lathon v. Dwyer


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04-597 - Lathon v. Dwyer
April 10, 2007
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ORDER - The docket sheet reflects that Lisa J. Berry-Tayman with the law firm of Shook and Hardy, LLP continues to represent Respondent. This might not be an accuate reflection of Ms. Berry-Tayman's representative standing. If it is not, Ms. Berry-Tayman is hereby directed to file the appropriate motion to withdraw as Respondent's attorney. Signed by Judge Thomas C. Mummert III on 4/10/07. (BAK, )
May 11, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that within 30 days of the date of this Order Respondent is to address the merits of Petitioner's claims and is to state whether any claim in the petition is barred by a failure to exhaust state remedies or a procedural bar. Respondent is also to file the complete state court record. IT IS FURTHER ORDERED that if Petitioner chooses to file a reply to Respondent's amended response, he shall file such reply within 20 days of the date the amended reponse is filed. If Petitioner fails to timely file his reply, the right to file such a reply shall be waived. Response to Court due by 6/11/2007. Signed by Judge Thomas C. Mummert III on 5/11/07. (BAK, )
August 2, 2007
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REPORT AND RECOMMENDATIONS re 1 PETITION for Writ of Habeas Corpus filed by Paul D. Lathon, Sr. Objections to R&R due by 8/13/2007 Signed by Judge Thomas C. Mummert III on 8/2/07. (KLH, )
March 20, 2008
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Donald J. Stohr on 3/20/2008. (NCL)ORDER ADOPTING REPORT AND RECOMMENDATIONS IT IS HEREBY ORDERED that petitioners objections [Doc. #29] are overruled, and the magistrate judges report and recommendation [Doc. #23] is adopted. for 23 Report and Recommendations. Signed by Honorable
March 20, 2008
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JUDGMENT Pursuant to the order entered herein this day, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 is denied. IT IS FURTHER ORDERED, pursuant to §2253 and Slack v. McDaniel, 529 U.S. 473, 483-84 (2000), that no certificate of appealability shall issue from this Court. Signed by Honorable Donald J. Stohr on 3/20/2008. (NCL)