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12-2072 - Wingo v. Steele


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12-2072 - Wingo v. Steele
January 10, 2013
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MEMORANDUM AND ORDER re:4 MOTION to Consolidate Cases Consolidate with higher case number 4:12cv2073 ERW filed by Petitioner Dwayne J. Wingo motion is GRANTED..IT IS HEREBY ORDERED that petitioner's motion to consolidate [Doc. #4] is GRANTED. IT IS FURTHER ORDERED that Wingo v. Steele, 4:12CV2073 ERW, isconsolidated into Wingo v. Steele, 4:12CV2072 SNLJ, for remaining briefing. Allfuture pleadings shall be filed as Consolidated Case No. 4:12CV2072 SNLJ, with the consolidated case caption set forth above. Signed by District Judge Stephen N. Limbaugh, Jr on 1/10/13. (MRS)
January 10, 2013
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that petitioner shall file an amended petition no later than thirty (30) days of the date of this Memorandum and Order setting forth his consolidated claims. Response to Court due by 2/11/2013. Signed by District Judge Stephen N. Limbaugh, Jr on 1/10/13. (MRS)
January 23, 2013
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that petitioner's motion for extension of time to file an amended petition [Doc. #10] is GRANTED. IT IS FURTHER ORDERED that petitioner shall file an amended petition in this action, setting forth his consolidated claims, no later than March 10, 2013. IT IS FURTHER ORDERED that respondent shall show cause, in writing, no later than April 25, 2013, why the relief requested in the amended petition should not be granted. Respondent's brief shall address the merits of all grounds for relief alleged in the petition. In addition, it must state whether any ground in the petition is barred by a failure to exhaust state remedies, a procedural bar, nonretroactivity, or a statute of limitations. IT IS FURTHER ORDERED that if petitioner chooses to file a reply to respondent's answer to the petition, the reply shall be filed no later than June 25, 2013. Signed by Magistrate Judge Terry I. Adelman on 1/23/13. (KKS)
November 23, 2015
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REPORT AND RECOMMENDATIONS: IT IS HEREBY RECOMMENDED that Petitioner Dwayne Wingo's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 13) be denied. IT IS FURTHER RECOMMENDED that no certificate of appealability be granted in this matter, because Wingo has not made a substantial showing of the denial of any federal constitutional right. The parties are advised that they have fourteen (14) days in which to file written objections to this Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1), unless an extension of time for good cause is obtained, and that failure to file timely objections may result in a waiver of the right to appeal questions of fact. See Thompson v. Nix, 897 F.2d 356 (8th Cir. 1990).. Signed by Magistrate Judge John M. Bodenhausen on 11/23/15. (LGK)
January 13, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendations..IT IS HEREBY ORDERED that Judge Bodenhausens Report and Recommendation, #22, filed November 23, 2015 is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Petitioners Amended Petition for Writ of Habeas Corpus, #13, is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. A separate Judgment in accordance with this Memorandum and Order is entered this same date. Signed by District Judge Stephen N. Limbaugh, Jr on 1/13/16. (MRS)