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08-3058 - McCormick v. Six


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08-3058 - McCormick v. Six
March 12, 2008
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ORDER ENTERED: Respondents are required to show cause within twenty (20) days from the date of this order why the writ should not be granted. Petitioner is granted ten (10) days after receipt by him of a copy of the respondents' answer and return to file a traverse thereto. Petitioner's motion 2 to transfer exhibits is granted and the Clerk is directed to strike and remove Documents 2, 3, 4, 5, 6&7 from Case No. 07-2605 and file those documents in this case as Exhibits to the Petition. Petitioner's motion 6 for bail, or in the alternative, motion to expedite proceedings is denied. Signed by Senior District Judge Sam A. Crow on 03/12/08. (smnd)
March 25, 2008
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ORDER ENTERED: Petitioner's 19 "Motion to Change Judge" is denied. Signed by Senior District Judge Sam A. Crow on 03/25/08. (smnd) Added link on 3/26/2008 (mb).
March 27, 2008
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ORDER ENTERED: Petitioner's addendum 21 is treated as a motion for reconsideration of the court's order denying petitioner's motion to recuse and is denied. Petitioner's motion 22 to order respondent to produce the entire state court record and to file a limited answer and return is denied. Signed by Senior District Judge Sam A. Crow on 03/27/08. (smnd)
May 30, 2008
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ORDER ENTERED: Petitioner's motion 24 to alter or amend judgment and petitioner's motion 29 to expedite proceedings are denied. Petitioner is granted twenty (20) days in which to either voluntarily dismiss or withdraw this "mixed petition" to exhaust state court remedies on all his claims, or in the alternative, to file a second amended petition, which presents only those issues this court has held to be exhausted and which complies with all the directives set forth herein. Signed by Senior District Judge Sam A. Crow on 05/30/08. (smnd)
July 22, 2008
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ORDER ENTERED: Petitioner's request 40 for a certificate of appealability is denied because no final order has been entered in this case. Petitioner's prior request 35 for a certificate of appealability is denied as moot. Petitioner is granted twenty (20) days to either submit the appellate court filing fee of $455.00 to the clerk of this court or a properly documented motion for leave to appeal in forma pauperis. Signed by Senior District Judge Sam A. Crow on 07/22/08. (smnd)
August 8, 2008
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ORDER ENTERED: This court declines to certify petitioner's 43 interlocutory appeal. Respondents' motion 16 to dismiss for failure to exhaust available state court remedies is sustained. This action is dismissed, without prejudice, as a mixed petition because petitioner has refused or failed to file a Second Amended Petition proceeding only upon his exhausted claims within the time provided by the court. Signed by Senior District Judge Sam A. Crow on 08/08/08. (smnd)
August 22, 2008
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ORDER ENTERED: Petitioner's motion 49 to alter or amend judgment is denied. Signed by Senior District Judge Sam A. Crow on 08/22/08. (smnd)