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13-872 - McCauley v. Bowersox


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13-872 - McCauley v. Bowersox
January 5, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Petitioners Motion for Leave to File an Amended Petition for Writ of Habeas Corpus is DENIED without prejudice. [Doc. 29.] IT IS FURTHER ORDERED that Petitioner may file a Motion for Leave to file an Amended Petition for Writ of Habeas Corpus no later than April 6, 2015. IT IS FURTHER ORDERED that any request for leave to file an amended petition must be accompanied by a proposed amended petition. Signed by Magistrate Judge Nannette A. Baker on 1/5/15. (KJS)
November 10, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Petitioners Motion for Leave to File an Amended Petition is GRANTED in part and DENIED in part. [Doc. 41.] Petitioner may file an Amended Petition that contains Grounds I, II, III, IV, V, VI, and IX of the proposed amended petition. IT IS FURTHER ORDERED that Petitioner shall file an Amended Petition as detailed above no later than November 24, 2015.IT IS FURTHER ORDERED that Respondent shall show cause, in writing and within forty-five (45) days of the date the Amended Petition is entered, why the relief in the First Amended Petition should not be granted. In accordance with Rule 5(b) of the Rules Governing § 2254 Cases, Respondents answer 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, non-retroactivity, or a statute of limitations. IT IS FURTHER ORDERED that, if Petitioner chooses to file a reply to Respondents answer to the petition, the reply shall be filed within sixty (60) days of the date the answer to the petition is filed. If Petitioner fails to timely file a reply, the right to file such a reply shall be waived. See Rule 5(e) of the Rules Governing § 2254 Cases. Signed by Magistrate Judge Nannette A. Baker on 11/10/15. (KJS)
September 30, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED the Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is DENIED. [Doc. 45.] IT IS FURTHER ORDERED that, for the reasons stated herein, any motion by Montia McCauley for a Certificate of Appealability will be DENIED. IT IS FURTHER ORDERED that Petitioner's Motion for Reconsideration is DENIED. [Doc. 44.]. Signed by Magistrate Judge Nannette A. Baker on 9/30/2016. (GGB)