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00-303 - Hairston v. Paskett


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00-303 - Hairston v. Paskett
August 15, 2008
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MEMORANDUM DECISION AND ORDER Granting in part and Denying in part 107 MOTION to Dismiss Motion to Dismiss Procedurally Defaulted Claims and Claims Filed After the Expiration of the AEDPA Statute of Limitation filed by Dave Paskett. Within 14 days of the date that this Order is entered on the docket, Petitioner shall filed a brief, no longer than 10 pages, showing cause why Claims 21(A), 26, and 28 (non-defaulted portion) should not be dismissed as untimely. Petitioners failure to file a response will result in dismissal of those claims without further notice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
November 12, 2008
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MEMORANDUM DECISION and ORDER: Respondent's answer to Second Amended Petition for Writ of Habeas Corpus 99 due 45 days from today's date; Petitioner's Brief due 60 days after receipt of Answer; Petitioner's Motions for evidentiary development due w/i 60 days of receipt of Answer; Respondent's responses due 60 days thereafter and petitioner's reply 21 days from response. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by sb)
March 30, 2011
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MEMORANDUM DECISION AND ORDER denying 154 Motion to Expand the Record ; denying 155 Motion for Evidentiary Hearing; denying and dismissing with prejudice 99 Second Amended Petition for Writ of Habeas Corpus. The Court issues a Certificate of Appealability over the Court's resolution of Claims 1,2,5,21 (limited to the mitigation sub-claim), and 26. The Court shall not certify any other issue or claim for appeal. Upon the filing of a timely notice of appeal in this case, the Clerk of Court shall forward the necessary paperwork to the Court of Appeals for the Ninth Circuit. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
July 28, 2011
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MEMORANDUM DECISION AND ORDER denying 196 Motion to Alter Judgment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
August 16, 2016
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MEMORANDUM DECISION AND ORDER. IT IS ORDERED that Hairston must seek authorization from the United States Court of Appeals to bring the ineffective assistance of trial counsel mitigation claim in a second petition before it can be adjudicated in this court. This case will not be re-opened, nor will the certificate of appealability be expanded to include the issue decided in this Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)