United States Government Publishing Office
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United States
United States District Court Eastern District of Tennessee
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USCOURTS
Judicial Publications
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2023-03-02
Administrative Office of the United States Courts
2023-03-01
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JU 4.15
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404
P0b002ee1bc7a3c50
DGPO
2023-03-02
2023-03-02
USCOURTS-tned-3_09-cv-00404
machine generated
eng
fdlp
USCOURTS
USCOURTS-tned-3_09-cv-00404
District
tned
6th
Tennessee
2471
3:09-cv-00404
Knoxville
civil
530
Prisoner Petitions - Habeas Corpus
28:2254 Petition for Writ of Habeas Corpus (State)
Dellinger v. Mays (DPLC1)
3:09-cv-00404
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404
JU 4.15
3:09-cv-00404;09-404
United States District Court Eastern District of Tennessee
6th Circuit
Knoxville
U.S. Courts
author
aut
James Dellinger
Dellinger
James
Petitioner
Tony Mays
Mays
Tony
Respondent
Yale Law School
Yale Law School
Movant
USCOURTS
USCOURTS-tned-3_09-cv-00404
District
tned
6th
Tennessee
2471
3:09-cv-00404
Knoxville
civil
530
Prisoner Petitions - Habeas Corpus
28:2254 Petition for Writ of Habeas Corpus (State)
Tennessee
Dellinger v. Mays (DPLC1)
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)
0
2010-06-21
D09002ee1bc7b896b
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-0
tned-3_09-cv-00404_0.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-0
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-0.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-0
0
2010-06-21
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)
Dellinger v. Mays (DPLC1)
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)
1
2011-03-31
D09002ee1bc7b897c
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-1
tned-3_09-cv-00404_1.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-1
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-1.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-1
1
2011-03-31
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)
Dellinger v. Mays (DPLC1)
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)
2
2013-06-12
D09002ee1bc7b8969
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-2
tned-3_09-cv-00404_2.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-2
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-2.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-2
2
2013-06-12
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)
Dellinger v. Mays (DPLC1)
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)
3
2013-06-12
D09002ee1bc7b8964
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-3
tned-3_09-cv-00404_3.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-3
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-3.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-3
3
2013-06-12
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)
Dellinger v. Mays (DPLC1)
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)
4
2015-01-30
D09002ee1bc7b8966
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-4
tned-3_09-cv-00404_4.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-4
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-4.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-4
4
2015-01-30
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)
Dellinger v. Mays (DPLC1)
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. § 636(b)(1)(A), for determination of filing deadlines. Signed by Chief District Judge Thomas A Varlan on 11/30/15. (JBR)
5
2015-11-30
D09002ee1bc7b893d
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-5
tned-3_09-cv-00404_5.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-5
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-5.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-5
5
2015-11-30
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. § 636(b)(1)(A), for determination of filing deadlines. Signed by Chief District Judge Thomas A Varlan on 11/30/15. (JBR)
Dellinger v. Mays (DPLC1)
MEMORANDUM OPINION AND ORDER denying 113 Motion for Discovery. Signed by Chief District Judge Thomas A Varlan on 3/30/18. (JBR)
6
2018-03-30
D09002ee1bc7b893a
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-6
tned-3_09-cv-00404_6.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-6
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-6.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-6
6
2018-03-30
MEMORANDUM OPINION AND ORDER denying 113 Motion for Discovery. Signed by Chief District Judge Thomas A Varlan on 3/30/18. (JBR)
Dellinger v. Mays (DPLC1)
MEMORANDUM AND ORDER. Petitioner's Motion for Discovery 173 is DENIED for lack of good cause under Rule 6(a) of the Rules Governing Section 2254 Cases. Petitioner's Motion for Extension 173 is also DENIED for lack of good cause. Pursuant to the Court's March 7, 2019 and February 5, 2020 Orders, Petitioner was to notify the Court within sixty days after the close of discoveryupon receipt of the NC SBI fileif he intended to amend his Amended Petition. [Docs. 146 at 1 & 165 at 12]. Because sixty days have passed since the close of discovery, Petitioner SHALL notify the Court within fourteen days of this Orders entry as to whether Petitioner seeks to amend his Amended Petition. Signed by Magistrate Judge Debra C. Poplin on 2/9/21. (ADA)
7
2021-02-09
D09002ee1bc7b8940
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-7
tned-3_09-cv-00404_7.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-7
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-7.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-7
7
2021-02-09
MEMORANDUM AND ORDER. Petitioner's Motion for Discovery 173 is DENIED for lack of good cause under Rule 6(a) of the Rules Governing Section 2254 Cases. Petitioner's Motion for Extension 173 is also DENIED for lack of good cause. Pursuant to the Court's March 7, 2019 and February 5, 2020 Orders, Petitioner was to notify the Court within sixty days after the close of discoveryupon receipt of the NC SBI fileif he intended to amend his Amended Petition. [Docs. 146 at 1 & 165 at 12]. Because sixty days have passed since the close of discovery, Petitioner SHALL notify the Court within fourteen days of this Orders entry as to whether Petitioner seeks to amend his Amended Petition. Signed by Magistrate Judge Debra C. Poplin on 2/9/21. (ADA)
Dellinger v. Mays (DPLC1)
MEMORANDUM OPINION AND ORDER. Petitioner's motion 199, however, is DENIED to the extent that he seeks a stay of his non-capital habeas corpus proceeding filed under 28 U.S.C. § 2254. Petitioner SHALL continue to file status reports with the Court every ninety (90) days, in which he apprises it of the progress of his state-court proceedings, as the Court previously ordered [See Case No.: 3:09-CV-104, Doc. 230]. Petitioner SHALL notify the Court of the outcome of his petition that is pending in the Circuit Court for Blount County within seven (7) days of the trial court's decision. Signed by District Judge Thomas A. Varlan on 9/20/22. (ADA)
8
2022-09-20
D09002ee1bc7b8942
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-8
tned-3_09-cv-00404_8.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-8
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-8.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-8
8
2022-09-20
MEMORANDUM OPINION AND ORDER. Petitioner's motion 199, however, is DENIED to the extent that he seeks a stay of his non-capital habeas corpus proceeding filed under 28 U.S.C. § 2254. Petitioner SHALL continue to file status reports with the Court every ninety (90) days, in which he apprises it of the progress of his state-court proceedings, as the Court previously ordered [See Case No.: 3:09-CV-104, Doc. 230]. Petitioner SHALL notify the Court of the outcome of his petition that is pending in the Circuit Court for Blount County within seven (7) days of the trial court's decision. Signed by District Judge Thomas A. Varlan on 9/20/22. (ADA)
Dellinger v. Mays (DPLC1)
MEMORANDUM OPINION AND ORDER. Petitioner's petitions for a writ of habeas corpus under 28 U.S.C. § 2254 in case numbers 3:09-CV-104 95 and 3:09-CV-404 104 are DISMISSED AS MOOT. Petitioners outstanding motion to amend in case number 3:09-CV-404 197 is DENIED AS MOOT. The Clerk of Court is DIRECTED to CLOSE these cases, 3:09-CV-104 and 3:09-CV-404. Signed by District Judge Thomas A. Varlan on 3/1/23. (ADA)
9
2023-03-01
D09002ee1bc7b8962
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-9
tned-3_09-cv-00404_9.pdf
https://www.govinfo.gov/app/details/USCOURTS-tned-3_09-cv-00404/USCOURTS-tned-3_09-cv-00404-9
https://www.govinfo.gov/content/pkg/USCOURTS-tned-3_09-cv-00404/pdf/USCOURTS-tned-3_09-cv-00404-9.pdf
USCOURTS 3:09-cv-00404; Dellinger v. Mays (DPLC1);
United States District Court Eastern District of Tennessee
Tennessee
USCOURTS-tned-3_09-cv-00404-9
9
2023-03-01
MEMORANDUM OPINION AND ORDER. Petitioner's petitions for a writ of habeas corpus under 28 U.S.C. § 2254 in case numbers 3:09-CV-104 95 and 3:09-CV-404 104 are DISMISSED AS MOOT. Petitioners outstanding motion to amend in case number 3:09-CV-404 197 is DENIED AS MOOT. The Clerk of Court is DIRECTED to CLOSE these cases, 3:09-CV-104 and 3:09-CV-404. Signed by District Judge Thomas A. Varlan on 3/1/23. (ADA)