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09-404 - Dellinger v. Mays (DPLC/GPR)


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09-404 - Dellinger v. Mays (DPLC/GPR)
June 21, 2010
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ORDER denying 2 petitioner's Motion for a status conference; denying as moot 5 petitioner's Motion to abate his writ of habeas corpus proceedings pending the United States Supreme Court's ruling in Holland v. Florida, U.S. No. 09-5327; to support his tolling argument, petitioner's counsel SHALL file a brief which must include legal analysis and case law, and attach any affidavits or materials they deem necessary to resolve this issue. Petitioner SHALL file his brief within thirty (30) days from the date of this Order. And, respondent SHALL file his response within thirty (30) days from the date of the filing of petitioner's brief. Signed by Magistrate Judge C Clifford Shirley on June 21, 2010. (AYB)
March 31, 2011
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ORDER that the motions for discovery 16 and 19 will be DENIED as premature at this stage of the litigation, without prejudice, to the Petitioner's right to renewal of the discovery requests at a later stage. Signed by Magistrate Judge C Clifford Shirley on 3/31/11. (ABF)
June 12, 2013
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MEMORANDUM OPINION finding Petitioner's mental deficiencies do not constitute an extraordinary circumstance in this case and relief based on this claim will be DENIED. Petitioner, however, has presented sufficient facts and allegations to warrant an evidentiary hearing on his claim that he is entitled to equitable tolling because he diligently pursued his remedies and counsel's mental illness and abandonment by the PCDO constitutes an extraordinary circumstance. The Court hereby REFERS this matter to Magistrate Judge C. Clifford Shirley, Jr., so that he may conduct an evidentiary hearing and prepare a report and recommendation. The Court will RESERVE entering a Judgment Order, including ruling on a Certificate of Appealabilty, pending its receipt of the report and recommendation and any objections thereto. Signed by Chief District Judge Thomas A Varlan on June 12, 2013. (AYB)
June 12, 2013
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ORDER referring this matter to Magistrate Judge C. Clifford Shirley, Jr., for an evidentiary hearing on the issues set forth herein. Additionally, the Court DENIES relief on Petitioner's claim that his mental shortcomings constitute an extraordinary circumstance entitling him to equitable tolling of the one-year statute of limitation. The Court will enter a Judgment Order and include a ruling on a Certificate of Appealability after the resolution of the issues to be considered in the evidentiary hearing. Signed by Chief District Judge Thomas A Varlan on June 12, 2013. (AYB)
January 30, 2015
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by James Dellinger recommending that equitable tolling be applied in this case. Signed by Magistrate Judge C Clifford Shirley, Jr on 1/30/2015. (MGM)
November 30, 2015
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MEMORANDUM AND ORDER: The Court agrees with the magistrate judge and the Respondent's objections [Doc. 89] are OVERRULED. The Court ACCEPTS IN WHOLE the R&R [Doc. 83]. Petitioner's motion seeking equitable tolling of the one-year AEDPA statute of limitations [Doc. 29] is hereby GRANTED. This case is REFERRED to the Honorable C. Clifford Shirley, Jr., United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b)(1)(A), for determination of filing deadlines. Signed by Chief District Judge Thomas A Varlan on 11/30/15. (JBR)
March 30, 2018
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MEMORANDUM OPINION AND ORDER denying 113 Motion for Discovery. Signed by Chief District Judge Thomas A Varlan on 3/30/18. (JBR)