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11-045 - Myers v. David R. Osborne


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11-045 - Myers v. David R. Osborne
July 29, 2011
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ORDER granting 19 Motion to Substitute Party. David R. Osborne added. State of Tennessee terminated. Signed by District Judge Kevin H. Sharp on 7/29/11. (xc:Pro se party by regular and certified mail.)(dt)
September 8, 2011
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ORDER granting 25 Motion to Set Date to Allow Petitioner to Reply to the Answer of the Respondent. Extension to 9/27/2011. Signed by District Judge Kevin H. Sharp on 9/8/11. (xc:Pro se party by regular and certified mail.)(dt)
March 29, 2016
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REPORT AND RECOMMENDATION re 1 Petition: For the reasons explained above, the undersigned RECOMMENDS that the petition be DENIED and that the petitioner's claims be DISMISSED with prejudice. The undersigned further RECOMMENDS that a certificate of appealability issue only as to the questions of whether Myers was effectively abandoned by his post-conviction attorneys in order to establish cause under Maples for his procedurally defaulted claims and as to whether Martinez should be interpreted to apply to the facts of the petitioner's case as it pertains to Claims 8-20. Signed by Magistrate Judge E. Clifton Knowles on 3/29/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
February 15, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court hereby rules as follows: (1) The R & R, (Docket No. 64), is ACCEPTED and APPROVED; and (2) Petitioner's claims are DENIED; (3) Certificates of Appealability are ISSUED as to claims 8-20, specifically whether Myers was effectively abandoned by his post-conviction attorneys in order to establish cause under Maples for his procedurally defaulted claims and as to whether Martinez should be interpreted to apply to the facts of Petitioner's case as it pertains to claims 8-20. (4) Petitioner's Petition for Writ of Habeas Corpus, (Docket No. 1), is DISMISSED. The Clerk of the Court shall enter a final judgment in accordance with Rule 72 of the Federal Rules of Civil Procedure. It is so ORDERED. Signed by Chief Judge Kevin H. Sharp on 2/15/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)