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99-224 - Creech v. Pasket


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99-224 - Creech v. Pasket
October 14, 2005
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ORDER denying 139 Motion for Discovery; Petitioner shall file reponse to Motion to Dismiss Defaulted Claims w/i 30 days, reply due w/i 20 days; John Hardison will be substituted in for Dave Paskett. 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 29, 2006
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 133 Motion to Dismiss Teague-barred claims, conditionally granting in part and denying in part 134 Motion to Dismiss procedurally defaulted claims, granting in part and denying in part 160 Motion for Discovery; Pet to file a supplemental brief, which he may support with relevant material developed during discovery, demonstrating why cause and prejudice excuses the default of another habeas claim within 60 days; Within 30 days of receiving pet's supplement brief, res may file a supplemental response. Both the supplemental brief and supplemental response will be limited to 20 pages. No reply brief shall be filed . 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 dkh, )
October 16, 2006
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MEMORANDUM DECISION & ORDER 173: the following Claims in the Second Amended Petition are DISMISSED with prejudice: 4(in part), 8, portions of 10 and 11, 13,16, 17,19,22(to extent it relies on the 8th Amendemtn), 29-32, 44 and 45; Respondent shall file an answer to Second Amended Petition w/i 45 days; Petitioner's brief due w/i 45 days thereafter, also any motions re additional evidentiary development; 30 days after receipt of brief, respondent shall file responsive brief, petitioner may reply w/i 20 days. 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 13, 2008
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MEMORANDUM DECISION and ORDER denying 211 Petitioner's Motion for Evidentiary Hearing, 213 Motion to Take Judicial Notice, and 214 Motion for Leave to conduct Discovery; no later than 4/29/08, petitioner shall file a brief containing points and authorities on the merits of all non-dismissed claims. Petitioner shall also address any remaining Teague issues. Responses and optional reply are due thereafter. Court advises it will not grant any extensions of time abset a showing of exceptional circunstances.. 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 31, 2010
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MEMORANDUM DECISION AND ORDER that the second amended petition for writ of habeas corpus is denied. This case is dismissed with prejudice. The Court shall issue a certificate of appealability over the Court's resolution of Claims 2,3,4 (as limited herein), 25, and 27 in the second amended petition, including the Court's decision to deny additional discovery and an evidentiary hearing on any of these claims, if applicable. The Court shall not certify any other issue or claim for appeal.. 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 dks)
March 31, 2010
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JUDGMENT dismissing case with prejudice. 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 dks)
June 9, 2010
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MEMORANDUM DECISION AND ORDER denying 281 Motion to Alter Judgment. Petitioner's request for a certificate of appealability over the Court's denial of claim 1, contained within the present Motion, is likewise DENIED. 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)
January 29, 2016
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MEMORANDUM DECISION AND ORDER ON REMAND. Respondent Al Ramirez is SUBSTITUTED for his predecessor as Warden of the Idaho Maximum Security Institution. The Court reaffirms its previous dismissal of Claim 4, 100(a) as procedurally defaulted. The Court reaffirms its previous grant of a certificate of appealability with respect to its resolution of the merits of the non-defaulted aspects of Claims 2, 3, 4. The Court now grants an additional certificate of appealability on Claim 4. The Court will allow Petitioner to file a motion to reconsider within 28 days. If no such motion is filed, a new judgment will be entered. 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 (cjs)
March 24, 2017
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MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Petitioners Motion for Leave to File Memorandum in Excess of Fifteen Pages (Dkt. 361) is GRANTED. 2. Petitioners Motion for Reconsideration (Dkt. 336) is DENIED. 3. The Court does not find its resolution of Petitioners Motion for Reconsideration to be reasonably debatablethat is, reasonable jurists would agree that Petitioner has not established extraordinary circumstances that would warrant reconsideration. Therefore, an additional certificate of appealability will not issue with respect to the Courts denial of the Motion. 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 (cjs)