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03-039 - Balentine v. Davis, Director TDCJ-CID


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03-039 - Balentine v. Davis, Director TDCJ-CID
September 27, 2007
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FINDINGS AND RECOMMENDATIONS on case: Petitioner has failed to make a substantial showing of the denial of a constitutional right.28 U.S.C. ยง 2253(c)(2). Stone v. Powell bars relief on grounds one and two. The state court adjudication of ground six on the merits neither resulted in a decision that was contrary to, nor involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, nor resulted in a decision that was based on an unreasonabledetermination of the facts in light of the evidence presented in the State court proceeding. Grounds three, four, five, seven, eight, and nine are unexhausted and procedurally barred. Petition for Writ of Habeas Corpus should be denied. (Signed by Judge Clinton E Averitte on 9/27/07) (uls)
March 31, 2008
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ORDER OVERRULING OBJECTIONS AND ADOPTING 53 FINDINGS AND RECOMMENDATIONS OF MAGAISTRATE JUDGE and to deny the 27 Petition for a writ of habeas corpus filed by John Lezell Balentine be, and they are, in all things hereby ADOPTED as the findings and conclusions of the court. (Signed by Judge Mary Lou Robinson on 3/31/08) (uls)
May 2, 2008
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REPORT AND RECOMMENDATION on Motion for Certificate of Appealability (re 71 MOTION for Certificate of Appealability filed by John Lezell Balentine) (see Order for specifics) (Signed by Magistrate Judge Clinton E Averitte on 5/2/08) (jeh)
May 30, 2008
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ORDER Overruling Objections and Adopting Report and Recommendation of the United States Magistrate Judge on the Motion for Certificate of Appealability - Granting 71 Motion for Certificate of Appealability filed by John Lezell Balentine as to petitioner's claims 1 and 2 and Denied as to all other grounds, Adopting 73 Report and Recommendation. (Signed by Judge Mary Lou Robinson on 5/30/08) (jeh)
July 30, 2012
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REPORT AND RECOMMENDATION to deny Motion for Relief From Judgment - re: 112 Motion to Set Aside Judgment filed by John Lezell Balentine. (Ordered by Magistrate Judge Clinton E Averitte on 7/30/2012) (jeh)
August 10, 2012
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, DENYING MOTION FOR A STAY OF EXECUTION, AND GRANTING REQUEST FOR A CERTIFICATE OF APPEALABILITY - denying 112 Motion to Set Aside Judgment; adopting Report and Recommendations re 122 Report and Recommendations on Case; denying 124 Motion to Stay (Ordered by Judge Mary Lou Robinson on 8/10/2012) (jeh)
April 1, 2016
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MEMORANDUM OPINION AND ORDER SETTING HEARING, ( Evidentiary Hearing set for 6/15/2016 09:00 AM in US Courthouse, Courtroom 1st Floor, 205 E. 5th St. Amarillo, TX 79101-1559 before Magistrate Judge Clinton E Averitte., Prehearing Conference by telephone set for 6/8/2016 09:00 AM before Magistrate Judge Clinton E Averitte.) (Ordered by Magistrate Judge Clinton E Averitte on 4/1/2016) (daa)
September 29, 2017
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REPORT AND RECOMMENDATION ON MOTION FOR RELIEF FROM JUDGMENT re: 112 Motion to Set Aside Judgment filed by John Lezell Balentine. (Ordered by Magistrate Judge Clinton E. Averitte on 9/29/2017) (vls)
May 21, 2018
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Order Adopting Findings and Conclusions re: 288 REPORT AND RECOMMENDATION ON MOTION FOR RELIEF FROM JUDGMENT and Denying Certificate of Appealability. (Ordered by Judge Sidney A Fitzwater on 5/21/2018) (dxs)