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FARABEE v. CLARKE

No. 18-6648, No. 18-7225, No. 18-7228.

967 F.3d 380 (2020)

Brian Damon FARABEE, Petitioner-Appellant, v. Harold W. CLARKE, Director of the VA DOC; Jack Barber, Commissioner of the DBHDS, Respondents-Appellees. Brian Damon Farabee, Petitioner-Appellant, v. Harold W. Clarke, Director of the VA DOC, Respondent-Appellee. Brian Damon Farabee, Petitioner-Appellant, v. Superintendent, Meherrin River Regional Jail; Virginia Department of Corrections; Commissioner, of the DBHDS Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 22, 2020.

Attorney(s) appearing for the Case

Mark W. Mosier , Jordan L. Moran , Adam L.D. Stempel , COVINGTON & BURLING LLP, Washington, D.C., for Appellant. Mark R. Herring , Attorney General, Victoria N. Pearson , Deputy Attorney General, Eugene P. Murphy , Senior Assistant Attorney General, Toby J. Heytens , Solicitor General, Martine E. Cicconi , Deputy Solicitor General, Michelle S. Kallen , Deputy Solicitor General, Zachary R. Glubiak , John Marshall Fellow , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Vacated and remanded by published opinion. Chief Judge GREGORY wrote the opinion, in which Judge WYNN and Judge BELL joined.

This consolidated appeal relates to the dismissal of Brian Damon Farabee's three habeas petitions. Farabee has a long and tragic history of mental illness and has been in and out of various mental institutions and prisons—unfortunately, mostly in prisons—since he was ten. In 1999, Virginia accepted responsibility...

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