Talbot v. Clarke
| Virginia Eastern District Court | |
| Judge: | Elizabeth W Hanes |
| Referred: | Lawrence R Leonard |
| Case #: | 2:23-cv-00087 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Mar 10, 2023 |
| Terminated: | Sep 24, 2024 |
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| Docket last updated: 3 hours ago |
| Tuesday, January 28, 2025 | ||
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appeal
Supplemental Paper Record Transmitted to 4CCA
Tue 01/28 10:18 AM
Supplemental Record on Appeal (Volumes 1-2 State Court Records) transmitted to US Court of Appeals re35 Notice of Appeal (alet) |
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| Thursday, November 14, 2024 | ||
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misc
State Court Records Returned/Received
Thu 11/14 4:26 PM
State Court Records Returned as to the Supreme Court of Virginia, Court of Appeals of Virginia, and Virginia Beach Circuit Court. (alet) |
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| Thursday, October 31, 2024 | ||
| 38 | 38
misc
Docket Annotation
Fri 11/01 11:23 AM
SECOND NOTICE OF APPEAL by Brian J. Talbot. (jmey) |
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Att: 1
Envelope
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| Wednesday, October 30, 2024 | ||
| 37 | 37
appeal
USCA Case Number
Wed 10/30 4:37 PM
USCA Case Number 24-7026 - Ashley Brownlee, Case Manager for35 Notice of Appeal filed by Brian J. Talbot. (jmey) |
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appeal
Assembled INITIAL Electronic Record Transmitted to 4CCA
Wed 10/30 4:46 PM
Assembled INITIAL Electronic Record Transmitted to 4CCA re35 Notice of Appeal. (jmey) |
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| Tuesday, October 22, 2024 | ||
| 36 | 36
appeal
Transmission of Notice of Appeal to 4CCA
Tue 10/22 2:07 PM
Transmission of Notice of Appeal to US Court of Appeals re35 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (jmey) (Main Document 36 replaced on 10/22/2024) (jmey, ) |
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| 35 | 35
appeal
Notice of Appeal
Tue 10/22 2:06 PM
NOTICE OF APPEAL as to33 Final Order by Brian J. Talbot. Filing fee $ 0.00. (jmey) |
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Att: 1
Envelope
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| Tuesday, September 24, 2024 | ||
| 34 | 34
order
Judgment - Clerk
Tue 09/24 12:03 PM
CLERK'S JUDGMENT. Signed by Clerk on 9/24/2024. (jmey) |
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| 33 | 33
8
pgs
order
Order on Motion for Miscellaneous Relief Order on Report and Recommendations Order on Motion to Dismiss
Tue 09/24 12:00 PM
FINAL ORDER. It is ORDERED that the Court ADOPTS and APPROVES the findings set forth in the31 Report and Recommendation. It is, therefore, ORDERED that the Respondent's23 Motion to Dismiss be GRANTED, Petitioner's30 Motion to Grant Relief be DENIED, and that the1 Petition be DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor of the Respondent. A certificate of appealability is DENIED. Petitioner is ADVISED that he may seek a certificate from the United States Court of Appeals for the Fourth Circuit by filing a written notice of appeal with the Clerk of the United States District Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510 within thirty (30) days. Signed by District Judge Elizabeth W. Hanes on 9/24/2024. Copies mailed 9/24/2024. (jmey) |
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| Monday, August 19, 2024 | ||
| 32 | 32
respoth
Objection to Report and Recommendations
Tue 08/20 9:05 AM
OBJECTION to31 Report and Recommendations by Brian J. Talbot. (jmey) |
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Att: 1
Envelope
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| Friday, July 12, 2024 | ||
| 31 | 31
motion
Report and Recommendations
Fri 07/12 4:12 PM
REPORT AND RECOMMENDATIONS re30 MOTION to Grant Relief,23 MOTION to Dismiss,1 Petition for Writ of Habeas Corpus (2254). Objections to R&R Deadline 7/26/2024. Signed by Magistrate Judge Lawrence R. Leonard on 7/12/2024. Copies mailed 7/12/2024. (jmey) |
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| Monday, January 08, 2024 | ||
| 30 | 30
motion
Miscellaneous Relief (MOTION)
Tue 01/09 12:37 PM
MOTION to Grant Relief by Brian J. Talbot.(jmey, ) |
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Att: 1
Envelope
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| Thursday, December 28, 2023 | ||
| 29 | 29
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 12/28 2:57 PM
ORDER.26 Motion for Extension of Time to File Response/Reply is GRANTED. Petitioner's new deadline to respond to the Motion to Dismiss is January 4, 2024. The Clerk is DIRECTED to forward a copy of this Order to Petitioner and counsel of record for the Respondent. Signed by Magistrate Judge Lawrence R. Leonard on 12/28/2023. Copies mailed 12/28/2023. (jmey, ) (Main Document 29 replaced on 12/28/2023) (jmey, ) |
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| Wednesday, December 27, 2023 | ||
| 28 | 28
misc
Amended Document (NOT Motion)
Wed 12/27 1:19 PM
Amendment to26 MOTION for Extension of Time to File Response/Reply by Brian J. Talbotas.(jmey, ) |
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Att: 1
Envelope
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| 27 | 27
notice
Notice of Change of Address
Wed 12/27 1:18 PM
NOTICE of Change of Address by Brian J. Talbot.(jmey, ) |
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Att: 1
Envelope
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utility
Motions Referred
Wed 12/27 8:48 AM
MOTIONS REFERRED to Magistrate Judge:26 MOTION for Extension of Time to File Response/Reply as to23 MOTION to Dismiss with Roseboro,. (jmey, ) |
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| Friday, December 08, 2023 | ||
| 26 | 26
motion
Extension of Time to File Response/Reply
Fri 12/08 3:33 PM
MOTION for Extension of Time to File Response/Reply as to23 MOTION to Dismiss by Brian J. Talbot.(jmey, ) |
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Att: 1
Envelope
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| Friday, November 17, 2023 | ||
| 25 | 25
respoth
Brief in Support
Fri 11/17 4:17 PM
Brief in Support to22 Response to Habeas Petition,23 MOTION to Dismiss with Roseboro,. filed by Chadwick Dotson.(Richmond, Suzanne) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C1,
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Att: 4
Exhibit C2,
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Att: 5
Exhibit D,
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Att: 6
ECF 1 and 11
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| 24 | 24
misc
Roseboro Notice
Fri 11/17 2:13 PM
Roseboro Notice by Chadwick Dotson (Richmond, Suzanne) |
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| 23 | 23
motion
Dismiss
Fri 11/17 2:10 PM
MOTION to Dismiss with Roseboro,. by Chadwick Dotson. (Richmond, Suzanne) |
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| 22 | 22
answer
Response to Habeas Petition
Fri 11/17 2:07 PM
Rule 5 Answer RESPONSE to Petition for Writ of Habeas Corpus by Chadwick Dotson.(Richmond, Suzanne) |
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| Wednesday, November 01, 2023 | ||
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1
pgs
order
Order on Motion to Substitute Party
Wed 11/01 3:46 PM
ORDER.20 Motion to Substitute Party is GRANTED. The Clerk shall substitute Chadwick Dotson for Harold W. Clarke as the Respondent in this matter. The Clerk is DIRECTED to forward a copy of this Order to Petitioner and counsel of record for the Respondent. Signed by Magistrate Judge Lawrence R. Leonard on 11/1/2023. Copies mailed 11/1/2023. (jmey, ) |
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| Tuesday, October 31, 2023 | ||
| 20 | 20
motion
Substitute Party
Tue 10/31 2:13 PM
MOTION to Substitute Party by Harold W. Clarke. (Richmond, Suzanne) |
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| 19 | 19
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Tue 10/31 12:30 PM
ORDER.18 Motion for Extension of Time to File Response/Reply is GRANTED. Respondent's new deadline is November 17, 2023. The Clerk is DIRECTED to forward a copy of this Order to the Petitioner and counsel of record for the Respondent. Signed by Magistrate Judge Lawrence R. Leonard on 10/31/2023. Copies mailed 10/31/2023. (jmey, ) |
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| Friday, October 13, 2023 | ||
| 18 | 18
motion
Extension of Time to File Response/Reply
Fri 10/13 2:21 PM
Second MOTION for Extension of Time to File Response/Reply as to1 Petition for Writ of Habeas Corpus (2254) by Harold W. Clarke. (Richmond, Suzanne) |
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| Wednesday, October 04, 2023 | ||
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misc
State Court Records Returned/Received
Thu 10/05 11:07 AM
State Court Records received from the Court of Appeals of Virginia and forwarded to Judge Leonard. (Tlev, ) |
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| Tuesday, October 03, 2023 | ||
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misc
State Court Records Returned/Received
Thu 10/05 9:57 AM
State Court Records received from Virginia Beach Circuit Court and forwarded to Judge Leonard. (Tlev, ) |
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misc
State Court Records Returned/Received
Thu 10/05 10:04 AM
State Court Records received from the Supreme Court of Virginia and forwarded to Judge Leonard. (Tlev, ) |
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| Wednesday, September 20, 2023 | ||
| 17 | 17
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 09/20 2:16 PM
ORDER.15 Motion for Extension of Time to File Response/Reply is GRANTED. Respondent must file an Answer on or before October 18, 2023. The Clerk is DIRECTED to send a copy of this Order to the Petitioner and counsel of record for the Respondent. Signed by Magistrate Judge Lawrence R. Leonard on 9/20/2023. Copies mailed 9/20/2023. (jmey, ) |
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| Monday, September 18, 2023 | ||
| 16 | 16
respoth
Response Other
Mon 09/18 11:43 AM
Response to12 Order of Prisoner Service (2254), filed by Harold W. Clarke. (Richmond, Suzanne) |
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| 15 | 15
motion
Extension of Time to File Response/Reply
Mon 09/18 11:35 AM
MOTION for Extension of Time to File Response/Reply as to12 Order of Prisoner Service (2254), by Harold W. Clarke. (Richmond, Suzanne) |
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| Friday, September 15, 2023 | ||
| 13 | 13
notice
Notice of Appearance
Fri 09/15 3:03 PM
NOTICE of Appearance by Suzanne Seidel Richmond on behalf of Harold W. Clarke (Richmond, Suzanne) |
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notice
Acknowledgment of Receipt
Fri 09/15 3:07 PM
ACKNOWLEDGEMENT OF Receipt as to12 Order of Prisoner Service (2254),11 Order of Prisoner Service (2254),, filed by Harold W. Clarke. (Richmond, Suzanne) |
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| Friday, September 08, 2023 | ||
| 12 | 12
1
pgs
order
Order Prisoner Service (2254)
Fri 09/08 1:42 PM
ORDER: Respondent is hereby ORDERED to show cause, within 10 days of the date of this order, why an answer has not been filed in this case. Copies of this Order sent as DIRECTED on 9.8.23. Signed by Magistrate Judge Lawrence R. Leonard and filed on 9/8/23. (epri, ) |
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| Wednesday, July 19, 2023 | ||
| 11 | 11
5
pgs
order
Order Prisoner Service (2254)
Wed 07/19 10:04 AM
ORDER of Service (2254) upon respondents.2 Motion for Leave to Proceed in forma Pauperis is GRANTED and it is ORDERED that the petition be filed. The Respondent is ORDERED to file within thirty (30) days from the date of this Order an answer to the petition conforming to the requirements of Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, together with the attachments specified in Rule 5. Signed by Magistrate Judge Lawrence R. Leonard on 7/19/2023. Copies mailed 7/19/2023.(jmey, ) |
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| Monday, July 03, 2023 | ||
| 10 | 10
notice
Notice of Change of Address
Mon 07/03 3:38 PM
NOTICE of Change of Address by Brian J. Talbot.(jmey, ) |
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Att: 1
Envelope
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| Monday, April 17, 2023 | ||
| 9 | 9
notice
Notice of Change of Address
Tue 04/18 10:53 AM
NOTICE of Change of Address by Brian J. Talbot.(jmey, ) |
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Att: 1
Envelope
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| Tuesday, April 11, 2023 | ||
| 8 | 8
misc
Prisoner Trust Fund Account Statement
Tue 04/11 2:19 PM
Prisoner Trust Fund Account Statement (epri, ) |
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| Thursday, March 30, 2023 | ||
| 7 | 7
misc
Letter
Thu 03/30 2:46 PM
Letter to Administrator, Virginia Beach Correctional Center. (jmey, ) |
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| Wednesday, March 29, 2023 | ||
| 6 | 6
motion
Leave to File Document
Wed 03/29 12:58 PM
MOTION for Leave to File by Brian J. Talbot.(jmey, ) |
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Att: 1
Envelope
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| Monday, March 27, 2023 | ||
| 5 | 5
motion
Leave to File Document
Mon 03/27 3:35 PM
MOTION for Leave to File by Brian J. Talbot.(jmey, ) |
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Att: 1
Envelope
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| Thursday, March 16, 2023 | ||
| 4 | 4
misc
Letter
Mon 03/20 11:36 AM
Submission by Petitioner. (jmey, ) |
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Att: 1
Attachment Part 1,
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Att: 2
Attachment Part 2,
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Att: 3
Envelope
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| Friday, March 10, 2023 | ||
| 3 | 3
utility
Clerk's Office Acknowledgment of Receipt
Fri 03/10 11:26 AM
Acknowledgment of Receipt. (jmey, ) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Fri 03/10 11:05 AM
MOTION for Leave to Proceed in forma pauperis by Brian J. Talbot. (jmey, ) |
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus (2254)
Fri 03/10 11:04 AM
PETITION, Conditionally filed for Writ of Habeas Corpus (Filing fee $ 0.00.), filed by Brian J. Talbot.(jmey, ) |
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Att: 1
Exhibits,
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Att: 2
Letter,
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Att: 3
Envelope
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