Merrifield v. Frame
| West Virginia Southern District Court | |
| Judge: | Robert C Chambers |
| Referred: | Dwane L Tinsley |
| Case #: | 3:25-cv-00059 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Jan 30, 2025 |
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| Docket last updated: 06/03/2025 11:59 PM EDT |
| Monday, June 02, 2025 | ||
| 16 | 16
respm
Reply To Response
Mon 06/02 2:35 PM
REPLY by Michael K. Merrifield to13 Response In Opposition to2 MOTION by Michael K. Merrifield to Waive Exhaustion Requirement. (Attachment: #1 Envelope) (jsa) (Modified on 6/2/2025 to add link to #2 motion) |
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| Thursday, May 29, 2025 | ||
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1
pgs
order
Order ~Util - Set/Reset Deadlines/Hearings ~Util - Terminate Motions
Thu 05/29 3:48 PM
ORDER granting Petitioner's14 MOTION for Extension of Time to Reply to Respondent's13 Response in Opposition; further directing that Petitioner shall file his reply brief by 5/30/2025. Signed by Magistrate Judge Dwane L. Tinsley on 5/29/2025. (cc: Petitioner; counsel of record) (skm) |
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| 14 | 14
motion
Extend Time To File Response/Reply
Thu 05/29 12:35 PM
MOTION by Michael K. Merrifield for Extension of Time to Reply to13 RESPONSE in Opposition to 5/30/2025. (Attachment: #1 Envelope) Motion referred to Magistrate Judge Dwane L. Tinsley. (kew) |
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| Wednesday, April 23, 2025 | ||
| 13 | 13
respm
Response In Opposition
Wed 04/23 12:19 PM
RESPONSE by Jonathan Frame in opposition to2 MOTION by Michael K. Merrifield to Waive Exhaustion Requirement.(Niday, Mary) (Modified on 4/23/2025 to remove link to #11 order) (mkw) |
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Att: 1
Exhibit 1 Docket Sheet 11-C-126,
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Att: 2
Exhibit 2 Order,
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Att: 3
Exhibit 3 Mot. to Withdraw,
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Att: 4
Exhibit 4 Order,
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Att: 5
Exhibit 5 Pet'r's Letters re: Bail,
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Att: 6
Exhibit 6 Pet'r's Obj. & Stip.,
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Att: 7
Exhibit 7 Mot. to Suppl. Pet.,
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Att: 8
Exhibit 8 Pet'r's Memo re: DJ,
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Att: 9
Exhibit 9 Pet'r's Mot. to Strike,
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Att: 10
Exhibit 10 State's Resp. to Final Am. Pet.,
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Att: 11
Exhibit 11 Pet'r's Reply,
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Att: 12
Exhibit 12 Pet'r's Letter to Cir. Ct.,
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Att: 13
Exhibit 13 Order,
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Att: 14
Exhibit 14 Pet'r's Letter re: counsel,
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Att: 15
Exhibit 15 Cir. Ct. Letter to Rosenlieb,
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Att: 16
Exhibit 16 Rosenlieb's Resp. to Ct.,
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Att: 17
Exhibit 17 Pet'r's Letter - Waive Hrg,
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Att: 18
Exhibit 18 Pet'r's Letter - Prison Issues,
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Att: 19
Exhibit 19 Pet'r's Letter - Proceed Pro Se,
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Att: 20
Exhibit 20 Pet'r's Letter,
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Att: 21
Exhibit 21 Rosenlieb Mot. to Withdraw,
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Att: 22
Exhibit 22 Order Granting Mot. to Withdraw,
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Att: 23
Exhibit 23 Order Appt'g Jason Gain,
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Att: 24
Exhibit 24 Scheduling Order,
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Att: 25
Exhibit 25 Jason Gain's Summary of Case,
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Att: 26
Exhibit 26 Mot. to Appt. Co-Counsel,
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Att: 27
Exhibit 27 Order Appt'g Co-Counsel,
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Att: 28
Exhibit 28 Pet'r's Letter,
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Att: 29
Exhibit 29 Gain's Mot. to Withdraw,
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Att: 30
Exhibit 30 Order Denying Mot. to Withdraw,
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Att: 31
Exhibit 31 Pet'r's Mot. to Strike,
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Att: 32
Exhibit 32 Pet'r's Letter re Grounds for relief,
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Att: 33
Exhibit 33 Pet'r's Caution Obj. & Stipulations,
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Att: 34
Exhibit 34 State's Suppl. Resp.,
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Att: 35
Exhibit 35 Jason Gain's Status Request,
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Att: 36
Exhibit 36 Pet'r's Letter re: IAOC Claim
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| Tuesday, March 18, 2025 | ||
| 12 | 12
notice
Notice Of Attorney Appearance
Tue 03/18 1:42 PM
NOTICE OF ATTORNEY APPEARANCE by Mary Beth Niday on behalf of Jonathan Frame. (Niday, Mary) |
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| Wednesday, March 12, 2025 | ||
| 11 | 11
1
pgs
order
Order ~Util - Set/Reset Motion And R&R Deadlines/Hearings
Wed 03/12 11:51 AM
ORDER directing that Respondent shall file a response to Petitioner's2 MOTION to Waive Exhaustion Requirement, along with any such transcripts and exhibits as may be relevant and necessary to the resolution of that motion, by 4/25/2025; Petitioner may file a reply by 5/27/2025. Signed by Magistrate Judge Dwane L. Tinsley on 3/12/2025. (cc: Petitioner; counsel of record) (skm) |
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| Wednesday, February 12, 2025 | ||
| 10 | 10
misc
Letter
Wed 02/12 2:17 PM
LETTER to Michael Merrifield from Clerk, USDC/SDWV, dated 2/12/2025, re: copy of docket sheet. (jsa) |
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| 9 | 9
misc
Letter
Wed 02/12 1:59 PM
LETTER to Clerk, USDC/SDWV, from Michael Merrifield dated 2/4/2025, re: payment of filing fee and request for docket sheet. (jsa) |
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Att: 1
Enclosure,
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Att: 2
Envelope
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| 8 | 8
misc
Payment Received
Wed 02/12 12:32 PM
Filing Fee Received: $5.00, Receipt Number 2003564. Filing Fee paid in full. (skm) |
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| Wednesday, February 05, 2025 | ||
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misc
Notice Of Docket Correction
Wed 02/05 3:05 PM
NOTICE OF DOCKET CORRECTION re:1 PETITION FOR WRIT OF HABEAS CORPUS. Error: Attachment nos. 2, 3, 4, 5, 8, 9 and 10 contained personal identifiers. Correction: Replaced unredacted images with redacted images. (mkw) |
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| Friday, January 31, 2025 | ||
| 7 | 7
order
Mag. Judge Tinsley - Standing Order For Assignment And Referral of Civil Actions And Matters
Fri 01/31 12:32 PM
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 1, 2024. This case is referred to Magistrate Judge Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: counsel of record and any pro se party) (klc) |
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| Thursday, January 30, 2025 | ||
| 6 | 6
notice
Notice (Other)
Thu 01/30 4:12 PM
NOTICE TO PETITIONER OF FAILURE TO REMIT FILING FEE. (kew) |
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| 5 | 5
notice
2254 Notice
Thu 01/30 4:11 PM
CLERK'S NOTICE OF FILING OF PETITION UNDER 28 USC 2254 FOR A WRIT OF HABEAS CORPUS (cc: counsel of record, Petitioner, Respondent) (kew) |
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| 4 | 4
misc
Letter
Thu 01/30 4:02 PM
LETTER to Clerk of Court, from Michael K. Merrifield dated 1/30/2025, re: judge assignment. (Attachment: #1 Envelope) (kew) |
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| 3 | 3
16
pgs
respm
Memorandum In Support
Thu 01/30 4:00 PM
MEMORANDUM OF FACTS AND CIRCUMSTANCES by Michael K. Merrifield in support of2 MOTION by Michael K. Merrifield to Waive Exhaustion Requirement. (Attachment: #1 Cover Page) (kew) |
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| 2 | 2
motion
Miscellaneous Relief
Thu 01/30 3:58 PM
MOTION by Michael K. Merrifield to Waive Exhaustion Requirement. (kew) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Miscellaneous Documents,
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Att: 8
Cover Page
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| 1 | 1
cmp
Petition For Writ Of Habeas Corpus (2254)
Thu 01/30 3:51 PM
PETITION FOR WRIT OF HABEAS CORPUS by Michael K. Merrifield against Jonathan Frame pursuant to Title 28, United States Code, Section 2254. (kew) |
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Att: 1
Appendix,
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Att: 2
Grounds 1-3,
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Att: 3
Grounds 4-16,
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Att: 4
Grounds 17-19,
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Att: 5
Grounds 20-26,
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Att: 6
Grounds 28-37,
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Att: 7
Ground 38,
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Att: 8
Grounds 39-45,
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Att: 9
Respondent's Supplemental Response and Petitioner's Reply,
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Att: 10
Grounds 46-49,
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Att: 11
Grounds 50-58,
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Att: 12
Respondent's Answer to Petition and Petitioner's Reply,
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Att: 13
Page Divider,
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Att: 14
Envelope
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utility
Case Assigned
Thu 01/30 4:51 PM
CASE assigned to Judge Robert C. Chambers. (klc) |
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