Davis v. Angelone
Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:01-cv-00100-TSE

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No Logo Jermaine S. Davis, Petitioner
v.
No Logo Ronald J. Angelone, Respondent

Toggle Switch Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Donald Eldridge Jeffrey, III +1 804 786 4624 djeffrey@oag.state.va.us
Office Alexandria
Filed 1/1/2001
Jury Demand None
Demand $0
Nature of Suit 530 - Prisoner: Habeas Corpus
Cause Section 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jurisdiction Federal Question
Disposition Dismissed - Other
County Nottoway
Terminated 5/7/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 02-7393[]
Def Custody Status
Flag CLOSED
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Blank -- Filed: 4/24/2003, Entered: 4/24/2003 Record(s)
STATE COURT RECORDS returned from Supreme Court of Virginia by UPS (2 certified volumes) (mcke)
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    Blank 37 Filed: 3/7/2003, Entered: 3/10/2003 USCA Judgment
    JUDGMENT OF USCA (certified copy) Re: [31-1] appeal. In accordance with the written opinion of this court filed this day, the court denies a certificate of appealability and dismisses the appeal. (mcke)
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      Blank -- Filed: 3/7/2003, Entered: 3/10/2003 Appeal Record Returned
      Record on Appeal returned from U.S. Court of Appeals: in 3 volumes. (mcke)
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        Blank 36 Filed: 2/13/2003, Entered: 2/14/2003 USCA Mandate
        COPY of Opinion of USCA re: [31-1] appeal by Jermaine S. Davis decided 2/12/03, Dismissed (mcke)
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          Blank -- Filed: 11/7/2002, Entered: 11/7/2002 Initial Paper Record Transmitted to 4CCA
          Certified and transmitted Record on Appeal to U.S. Court of Appeals: [31-1] appeal by Jermaine S. Davis. (One volume of pleadings and two volumes of State Court records) (clerk)
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            Blank 35 Filed: 11/4/2002, Entered: 11/6/2002 OrderCourt Filing
            ORDERED that the [34-1] motion by Jermaine S. Davis for Preparation of transcript at government expense, is TRANSFERRED to the USCA, granting [31-2] motion by Jermaine S. Davis to Proceed in Forma Pauperis on appeal.-ent. & filed. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 11/6/02] (clerk)
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              Blank 34 Filed: 10/23/2002, Entered: 10/25/2002, Terminated: 11/4/2002 Motion for Miscellaneous Relief
              MOTION by Jermaine S. Davis for Preparation of transcript at government expense (clerk)
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                Blank 33 Filed: 10/4/2002, Entered: 10/7/2002 Prisoner Trust Fund Account Statement
                Inmate account report form filed. (clerk)
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                  Blank -- Filed: 9/26/2002, Entered: 9/30/2002 USCA Case Number
                  USCA Case Number Re: [31-1] appeal by Jermaine S. Davis CASE MANAGER: Nagle USCA NUMBER: 02-7393 (clerk)
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                    Blank 32 Filed: 9/23/2002, Entered: 9/24/2002 OrderCourt Filing
                    ORDERED that the [31-1] motion by Jermaine S. Davis for a certificate of appealibility is DENIED and TRANSFERRED to the USCA. Ordered the Clerk is DIRECTED to request form Nottoway Correctional Center an Inmate Account Report Form on the petitioner.-ent. & filed. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 9/24/02] (clerk)
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                      Blank 31 Filed: 9/5/2002, Entered: 9/13/2002, Terminated: 9/23/2002 Motion for Miscellaneous Relief
                      MOTION by Jermaine S. Davis for a certificate of appealibility , and by Jermaine S. Davis to Proceed in Forma Pauperis on appeal. (clerk)
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                        Blank 31 Filed: 9/5/2002, Entered: 9/9/2002, Terminated: 9/23/2002 Notice of Appeal
                        NOTICE OF APPEAL OF [26-1] order 5/7/02, order dated 6/4/02, [28-1] order dated 6/24/02 by Jermaine S. Davis . Copies sent to Jermaine S. Davis, Ronald J. Angelone. Copy of docket entries, notice of appeal, order and transmittal forwarded to the USCA. (clerk) Modified on 09/13/2002
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                          Blank 30 Filed: 8/12/2002, Entered: 8/12/2002 OrderCourt Filing
                          ORDER denying [29-1] motion by Jermaine S. Davis to Vacate [26-1] order in accordance with Rule 60(b)(1)(6).-ent. & filed. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 8/12/02] (clerk)
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                            Blank 29 Filed: 7/25/2002, Entered: 7/26/2002, Terminated: 8/12/2002 Motion to Vacate
                            MOTION by Jermaine S. Davis to Vacate [26-1] order in accordance with Rule 60(b)(1)(6) (clerk)
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                              Blank 27 Filed: 5/23/2002, Entered: 5/30/2002, Terminated: 6/24/2001 Motion for Reconsideration
                              MOTION/OBJECTION by Jermaine S. Davis to this Court's Findings pursuant to USC 28 2244(d)(2) RE: [26-1] order (pmil)
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                                Blank 26 Filed: 5/7/2002, Entered: 5/7/2002 OrderCourt Filing
                                ORDER that this [1-1] Petition for a Writ of Habeas Corpus is DISMISSED as barred by the statute of limitations; and [10-1] motion by Jermaine S. Davis in objection to respondent's extension of time motion, [17-1] motion by Jermaine S. Davis for judgment, [19-1] motion by Jermaine S. Davis for final judgment, [21-1] motion by Jermaine S. Davis for New Trial under newly discovered evidence, [22-1] motion by Jermaine S. Davis for Summary Judgment, [23-1] motion by Jermaine S. Davis to issue a order, and [25-1] motion by Jermaine S. Davis for Appointment of Counsel are all DENIED as moot. Should petitioner wish to appeal, written notice of appeal must be filed with the Clerk of this Court within thirty (30) days of the date of this Order. Petitioner also must request a certificate of appealability from a circuit justice or judge. (See Order for Details) (signed by Judge T. S. Ellis III) Copies Mailed: yes [EOD Date: 5/7/02] (stas)
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                                  Blank -- Filed: 5/7/2002, Entered: 5/8/2002 Suspense Deadline
                                  Return State Court Records to Supreme Court of VA set 6/11/02 (stas)
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                                    Blank -- Filed: 5/7/2002, Entered: 5/7/2002 Docket Annotation
                                    All Pleadings Accounted for and in Order (stas)
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                                      Blank -- Filed: 5/7/2002, Entered: 5/7/2002 Terminated Case
                                      Case closed (stas)
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                                        Blank 25 Filed: 5/6/2002, Entered: 5/7/2002 Motion to Appoint Counsel
                                        MOTION by Jermaine S. Davis to Appointment of Counsel Pursuant to Title 18 USC 3006 A(g) (clerk)
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                                          Blank 24 Filed: 4/22/2002, Entered: 4/23/2002 OrderCourt Filing
                                          ORDER A letter from petitioner dated April 19, 2002, addressed directly to the Court, was rec'd by the Clerk's Office on April 22, 2002. Because it appears that petitioner did not send copies of the letter to counsel for respondent, such action constitutes ex parte communication. As a result, a copy of the letter will be provided to counsel for respondent. Moreover, petitioner is directed to avoid any and all ex parte communications in the future. Accordingly, it is ORDERED that the Clerk is DIRECTED to send a copy of this Order to petitioner, and a copy of the Order and petitioner's letter dated 04/19/02 to counsel for respondent ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 4/23/02] (pmil)
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                                            Blank 23 Filed: 2/27/2002, Entered: 2/28/2002 Motion for Miscellaneous Relief
                                            MOTION by Jermaine S. Davis to issue a order supbpoena duces tecum in accordance with FRCP 45(b) (kjon)
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                                              Blank 22 Filed: 1/17/2002, Entered: 1/22/2002 Motion for Summary Judgment
                                              MOTION by Jermaine S. Davis for Summary Judgment writ of habeas corpus pursuant to 28 USC 2254 (kjon)
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                                                Blank 21 Filed: 11/2/2001, Entered: 11/5/2001 Motion for New Trial
                                                MOTION by Jermaine S. Davis for New Trial under newly discovered evidence 28 USC 2244 (kjon)
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                                                  Blank 20 Filed: 10/29/2001, Entered: 10/30/2001 Memorandum in Support
                                                  BRIEF by Jermaine S. Davis in support of [16-1] motion by Jermaine S. Davis to Rebuttle respondents notice of motion pursuant to local Rule 7(j), a motion to dismiss and Rule 5 answer, and a brief in support of Rule 5 answer and motion to dismiss (kjon)
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                                                    Blank 19 Filed: 10/25/2001, Entered: 10/26/2001 Motion for Miscellaneous Relief
                                                    MOTION by Jermaine S. Davis for final judgment (kjon)
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                                                      Blank 18 Filed: 10/25/2001, Entered: 10/26/2001 Response in Opposition to Motion
                                                      RESPONSE by Jermaine S. Davis in opposition to [12-1] motion by Ronald J. Angelone to Dismiss (kjon)
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                                                        Blank 17 Filed: 10/12/2001, Entered: 10/16/2001 Motion for Miscellaneous Relief
                                                        MOTION by Jermaine S. Davis for judgment (kjon)
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                                                          Blank 16 Filed: 10/12/2001, Entered: 5/7/2002 Response
                                                          Response by Jermaine S. Davis to [12-1] motion by Ronald J. Angelone to Dismiss (stas)
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                                                            Blank 15 Filed: 10/11/2001, Entered: 10/11/2001 OrderCourt Filing
                                                            ORDER, that [9-1] motion by Ronald J. Angelone to Extend Time in which to file his responsive pleadings is granted; [11-1] motion by Jermaine S. Davis for Discovery and [8-1] motion by Jermaine S. Davis for Evidentiary Hearing are denied; petitioner is advised that he has the right to file counter affidavits, or other responsive material contesting the affidavits or records filed by respondent. Petitioner is restricted to addressing issues raised by respondent in its motion to dismss. If he desires to do this, all responses must be filed within 30 days of the date of this order; Petitioner is advised that failure to file responsive material within the time specified will result in the Court entering judgment in this action based on the evidence and pleadings filed. If petitioner believes that the materials already submitted are sufficient for fair resolution of the issues before the Court, he need not file additional pleadings or affidavits; Petitioner is advised that Rule 5 of the FRCP requires petitioner to serve a copy of every pleading and other notices filed upon all parties by mailing it to respondent's counsel; and Petitioner is advised to immediately inform the Court of his new address in the event he is transferred, released, or otherwise relocated while this action is pending. Failure to do so may result in the dismissal of this action. (see order for details) (signed by Judge T. S. Ellis III ) Copies Mailed: Yes [EOD Date: 10/11/01] (kjon)
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                                                              Blank -- Filed: 10/3/2001, Entered: 10/3/2001 Record(s)
                                                              STATE COURT RECORDS received from Supreme Court of VA (1 volume) (kjon) Modified on 10/04/2001
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                                                                Blank 14 Filed: 9/25/2001, Entered: 9/26/2001 Roseboro Notice
                                                                Roseboro Notice by Ronald J. Angelone (kjon)
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                                                                  Blank 13 Filed: 9/25/2001, Entered: 9/26/2001 Memorandum in Support
                                                                  MEMORANDUM by Ronald J. Angelone in support of [12-1] Rule 5 answer by Ronald J. Angelone and [12-1] motion by Ronald J. Angelone to Dismiss (kjon)
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                                                                    Blank 12 Filed: 9/25/2001, Entered: 9/26/2001 Response to Habeas Petition
                                                                    Rule 5 answer by Ronald J. Angelone (Attorney Donald Eldridge Jeffrey III) together with Motion to Dismiss (kjon)
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                                                                      Blank 12 Filed: 9/25/2001, Entered: 9/26/2001 Motion to Dismiss
                                                                      MOTION by Ronald J. Angelone to Dismiss together with Rule 5 answer (kjon)
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                                                                        Blank 11 Filed: 9/24/2001, Entered: 9/25/2001 Motion for Discovery
                                                                        MOTION by Jermaine S. Davis for Discovery by Jermaine S. Davis for Appointment of Counsel (kjon)
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                                                                          Blank 10 Filed: 9/20/2001, Entered: 9/21/2001 Motion for Miscellaneous Relief
                                                                          MOTION by Jermaine S. Davis in objection to respondent's extension of time motion (kjon)
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                                                                            Blank 9 Filed: 9/17/2001, Entered: 9/17/2001, Terminated: 10/11/2001 Motion for Extension
                                                                            MOTION with Memorandum in Support by Ronald J. Angelone to Extend Time in which to file his responsive pleadings (kjon) Modified on 09/18/2001
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                                                                              Blank 8 Filed: 8/28/2001, Entered: 8/30/2001 Motion for Hearing
                                                                              MOTION by Jermaine S. Davis for Evidentiary Hearing Rule 8(A) 2254 Habeas Corpus (kjon)
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                                                                                Blank 7 Filed: 7/16/2001, Entered: 7/17/2001 OrderCourt Filing
                                                                                ORDER that this action is filed; Respondent is directed to show cause why the writ should not be granted within sixty days of the date of this Order. Respondent is to treat this Order as a request that the records of the state criminal trial and habeas corpus proceedings, if pertinent and available, be forwarded to the Clerk's office in Alexandria, Virginia. Petitioner is advised that Rule 5 of the FRCP requires petitioner to serve a copy of every pleading and other notices filed upon all parties by mailing it to respondent's counsel; and Petitioner is advised to immediately inform the Court of his new address in the event he is transferred, released, or otherwise relocated while this action is pending. Failure to do so may result in the dismissal of this action. (see Order for details) ( signed by Judge T. S. Ellis III Copies Mailed: yes [EOD Date: 7/17/01] (clerk) Modified on 07/18/2001
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                                                                                  Blank -- Filed: 7/11/2001, Entered: 7/13/2001 Filing Fee Received
                                                                                  Filing Fee Paid; FILING FEE $ 5.00 RECEIPT # 100 147309 (kjon)
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                                                                                    Blank 28 Filed: 6/24/2001, Entered: 6/26/2002 OrderCourt Filing
                                                                                    ORDER denying [27-1] motion by Jermaine S. Davis to this Court's Findings pursuant to USC 28 2244(d)(2) RE: [26-1] order ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 6/26/02] (clerk)
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                                                                                      Blank 6 Filed: 6/22/2001, Entered: 6/25/2001 Response
                                                                                      Response by Jermaine S. Davis to [5-1] order of June 4, 2001 (clerk)
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                                                                                        Blank 5 Filed: 6/4/2001, Entered: 6/5/2001 OrderCourt Filing
                                                                                        ORDER that this action is administratively filed solely for the convenience of the Clerk; Ground B, as raised in the original petition filed in this action, as well as any other grounds raised in the original petition but not in the particularized and amended petition are dismissed without prejudice; Petitioner is directed either to pay a filing fee of $5.00 or seek leave to proceed in forma pauperis within thirty days of the date of this Order. Failure to comply with this Order will result in the dismissal of this action; and Petitioner is advised that failure to inform the Court immediately of his new address in the event that he is transferred, released, or otherwise relocated while this action is pending may result in summary dismissal without prejudice of this action. (see Order for details) ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 6/5/01] (clerk) Modified on 06/08/2001
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                                                                                          Blank 4 Filed: 5/2/2001, Entered: 5/4/2001 Petition for Writ of Habeas Corpus
                                                                                          AMENDED PETITION for writ of habeas corpus administratively filed. (clerk)
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                                                                                            Blank 3 Filed: 5/2/2001, Entered: 5/4/2001 Motion to Dismiss
                                                                                            MOTION by Jermaine S. Davis to Voluntarily Dismiss Ground 3 of the Supplemental Petition (clerk)
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                                                                                              Blank 2 Filed: 4/2/2001, Entered: 4/3/2001 OrderCourt Filing
                                                                                              ORDER that petitioner is directed to particularize and amend his petition within thirty days of the date of this Order. Petitioner is advised that the particularized and amended petition filed in response to this Order will serve as the sole petition in this action; Petitioner must inform the Court within thirty days of the date of this Order, the claims he raised before the Supreme Court of Virginia, on either direct appeal or in a petition for state habeas relief. Petitioner is advised that failure to comply with this Order, or failure to immediately notify the Court in the event he is transferred, released, or otherwise relocated will result in the dismissal of this complaint pursuant to FRCP 41(b). (see Order for details) ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 4/3/01] (clerk) Modified on 04/04/2001
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                                                                                                Blank 1 Filed: 12/14/2000, Entered: 1/23/2001 Petition for Writ of Habeas Corpus
                                                                                                PETITION for writ of habeas corpus administratively filed (clerk)
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