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11-319 - Santistevan v. Smith


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11-319 - Santistevan v. Smith
September 7, 2012
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 16 Motion to Dismiss. No later than 45 days from the date of this Order, Petitioner may file a Motion to Proceed With Procedurally Defaulted Claims, together with a supporting brief, addressing whether the Martinez cause and prejudice issue noted above is applicable to excuse the default of his defaulted claims of ineffective assistance of counsel. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)
January 9, 2014
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MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Petitioner's Second Motion to Extend Time to File Traverse 38 is GRANTED. Petitioner's Amended Second Motion to Extend Time to File Traverse 41 is GRANTED. Petitioner's Traverse (Dkt. 42) is deemed timely. The Amended Petition for Writ of Habeas Corpus 25 is DENIED, and this entire action is DISMISSED with prejudice. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)