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14-2093 - Ivory v. Cassady, et al.,


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14-2093 - Ivory v. Cassady, et al.,
February 9, 2016
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ORDER AND REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED that Respondents' motion to set aside the show-cause order [Doc. 15] is DENIED without prejudice. IT IS FURTHER RECOMMENDED that Respondents' motion to dismiss [Doc. 16] and Petitioner's motion for stay and abeyance [Doc. 22] be DENIED in part and GRANTED in part so that the two unexhausted grounds for relief, grounds ten and thirty, are dismissed without prejudice. The parties are advised that, pursuant to 28 U.S.C. Section 636(b)(1), they have fourteen days to file written objections to the Recommendation and findings herein, unless an extension of time for good cause is obtained. Failure to file timely objections may result in waiver of the right to appeal questions of fact. Signed by Magistrate Judge Patricia L. Cohen on February 9, 2016. (MCB)
February 26, 2016
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Judge Cohens Report and Recommendation #31, filed on February 2, 2016, is adopted and sustained in its entirety. IT IS FURTHER ORDERED that Respondents' motion to set aside the show-cause order #15 is DENIED without prejudice. IT IS FURTHER ORDERED Respondents' motion to dismiss #16 and Petitioner's motion for stay and abeyance #22 are DENIED in part and GRANTED in part so that the two unexhausted grounds for relief, grounds ten and thirty, are dismissed without prejudice. IT IS FURTHER ORDERED that an Amended Case Management Order referring this case back to Magistrate Judge Patricia L. Cohen for a report and recommendation on all dispositive and non-dispositive matters and re-setting case management deadlines will be issued by separate order. Signed by District Judge Rodney W. Sippel on 2/26/16. (CAR)
May 13, 2016
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ORDER AND REPORT AND RECOMMENDATION. (See Full Order.) IT IS HEREBY ORDERED that Respondents' second motion [Doc. 38] is GRANTED so that their response to Petitioner's petition shall be filed on or before June 10, 2016. No further extensions will be granted. IT IS FURTHER ORDERED that, within forty-five days of the date Respondents file their response, Petitioner shall file his reply, if any. IT IS FINALLY RECOMMENDED that Petitioner's request for a certificate of appealability [Doc. 37] with respect to the granting of Respondents' second motion be denied. The parties are advised that, pursuant to 28 U.S.C. ยง 636(b)(1), they have fourteen days to file written objections to the Recommendation and findings herein, unless an extension of time for good cause is obtained. Signed by Magistrate Judge Patricia L. Cohen on 5/13/2016. (CBL)
June 6, 2016
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MEMORANDUM AND ORDER for 39 Report and Recommendations. IT IS HEREBY ORDERED that Judge Cohens Report and Recommendation #39 filed on May 13, 2016 is adopted and sustained in its entirety.IT IS FURTHER ORDERED that Petitioners request for a certificate of appealability with respect to the granting of Respondents second motion for an extension of time #37 is DENIED and the Court will not issue a certificate of appealability. Signed by District Judge Rodney W. Sippel on 6/6/16. (ARL)
March 30, 2018
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Josh Hawley, the present Attorney General of the State of Missouri, is SUBSTITUTED for Chris Koster as a Respondent in this case. IT IS FURTHER ORDERED that Petitioners requests for an evidentiary hearing and a "Federal Public Defender" with respect to ground 4 see ECF No. 1 at 14 are DENIED. IT IS FURTHER ORDERED that Petitioners Petition for Writ of Habeas Corpus ECF No. 1 is DENIED. IT IS FURTHER ORDERED that Petitioner's request for credit on his kidnapping sentence ECF No. 50 is DENIED. IT IS FURTHER ORDERED that Petitioners motions for Certificates of Appealability ECF Nos. 45, 46, 47, 48, and 49 are DENIED. IT IS FINALLY ORDERED that the Court will not issue a Certificate of Appealability.A separate judgment in accordance with this Memorandum and Order is entered thissame date. Signed by District Judge Rodney W. Sippel on 3/30/18. (ARL)
April 16, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Josh Hawley, the present Attorney General of the State of Missouri, is SUBSTITUTED for Chris Koster as a Respondent in this case. IT IS FURTHER ORDERED that Petitioner's requests for an evidentiary hearing and a "Federal Public Defender" with respect to ground 4 [see ECF No. 1 at 14] are DENIED. IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED. IT IS FURTHER ORDERED that Petitioner's request for credit on his kidnapping sentence [ECF No. 50] is DENIED. IT IS FURTHER ORDERED that Petitioner's motions for Certificates of Appealability [ECF Nos. 45, 46, 47, 48, and 49] are DENIED. IT IS FINALLY 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 Rodney W. Sippel on 4/16/18. (LGK)