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02-326 - Carter v. Crowther


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02-326 - Carter v. Crowther
July 18, 2005
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MEMORANDUM DECISION and ORDER DENYING MOTION TO DISMISS ON GROUNDS OF TIME BAR AND SCHEDULING RHINES BRIEFING, denying in part 110 Motion to Dismiss, granting 117 Motion to Stay, denying as moot 127 Motion to Strike . Signed by Judge Ted Stewart on 7/18/05. (jmr)
January 26, 2006
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MEMORANDUM DECISION AND ORDER: ORDERED that Petitioners request for a Rhines stay and abeyance of his Petition (Docket No. 141) to allow him to attempt to exhaust his claims in the courts of the State of Utah is DENIED. It is further ORDERED that within thirty days of the date of this Order, Petitioner shall file a document signed by Petitioner either (1) refiling his petition without the unexhausted claims; or (2) seeking to dismiss this entire mixed Petition without prejudice. Signed by Judge Ted Stewart on 1/26/06 (alt)
April 7, 2008
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MEMORANDUM DECISION granting 207 Motion Directing the Fourth District Court to Release, and Make Available for Copying and Duplicating Douglas Stewart Carter's Complete Court File; granting 208 Motion Directing the Fourth District Court to Release, and Make Available For Copying and Duplicating Douglas Stewart Carter's Complete Court File; granting 238 Motion for order directing the Fourth District Court to provide access to trial file/ Petitioner's Supplement to Objections to Court's Order Directing Parties to Reslove Fourth Districe Court Discovery Issues and Renewed Motion to Rescind That Order filed by Petitioner Douglas Stewart Carter; granting 241 Motion PETITIONERS AMENDED SUPPLEMENT TO OBJECTIONS TO COURTS ORDER DIRECTING PARTIES TO RESOLVE FOURTH DISTRICT COURT DISCOVERY ISSUES AND RENEWED MOTION TO RESCIND THAT ORDER;overruling as moot 226 OBJECTIONS;that the Clerk of the Court of the 4th District in Provo allow counsel an opportunity to copy court file. Signed by Judge Ted Stewart on 04/07/2008. (asp)
June 13, 2008
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MEMORANDUM DECISION granting oral motion seeking an order authorizing Petitioner's counsel to pursue representation of Petitioner in a pending post-conviction relief proceeding pending in state court ; granting 258 Motion for Extension of Time to File Response/Reply. Signed by Judge Ted Stewart on 06/12/2008. (asp)
October 9, 2008
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MEMORANDUM DECISION granting 267 Motion for Extension of Time. Signed by Judge Ted Stewart on 10/09/2008. (asp)
December 11, 2008
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MEMORANDUM DECISION granting 275 Motion for Extension of Time to File Response/Reply. Signed by Judge Ted Stewart on 12/10/2008. (asp)
July 15, 2009
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MEMORANDUM DECISION denying 291 Motion for Hearing. Signed by Judge Ted Stewart on 07/15/2009. (asp)
October 15, 2009
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MEMORANDUM DECISION granting 292 Motion for Ruling ; denying 292 Motion for Scheduling Order. Signed by Judge Ted Stewart on 10/15/2009. (asp)
July 20, 2010
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MEMORANDUM DECISION granting in part 110 Motion by Clint Friel to dismiss petition for writ of habeas. Signed by Judge Ted Stewart on 07/20/2010. (asp)
November 12, 2010
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 336 Motion to Unseal Documents. It is Ordered that the Clerk of Court unseal Docket Nos. 311 and 318. Signed by Judge Ted Stewart on 11/12/2010. (las)
December 9, 2010
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MEMORANDUM DECISION AND ORDER Granting Petitioner's Request for Further Factual Development. Within 14 days of this Order, Petitioner shall submit a proposed scheduling order for the Court's signature. Respondent may file a response to the proposed scheduling order 14 days thereafter. The Court finds the pending Motions for Discovery are Moot. finding as moot 165 Motion for Discovery; finding as moot 169 Motion for Discovery. Signed by Judge Ted Stewart on 12/9/2010. (las)
March 17, 2011
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MEMORANDUM DECISION AND ORDER denying 360 Motion to Quash. It is Ordered that the parties meet and confer on appropriate language for a protective order to safeguard the information to be disclosed and submit a protective order with appropriate limitations and restrictions on use and further disclosure to the Court within 14 days of this Order. Signed by Judge Ted Stewart on 3/17/2011. (las)
June 27, 2011
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MEMORANDUM DECISION denying as moot 351 Motion for Discovery ; denying as moot 369 Motion for Discovery ; denying as moot 376 Motion for Modification of Factual Development Schedule ; granting 378 Motion to Reconsider re 347 Order ; vacating 347 The Courts prior order allowing further factual development ; granting 390 Motion to Quash ; denying as moot 394 Motion to Strike. The remaining claims in the Second Amended Petition are now ripe for decision. Petitioner shall file his brief on the merits of his claims by August 29, 2011. Respondents brief is due by October 31, 2011. Petitioner may file a reply brief by November 30, 2011. Signed by Judge Ted Stewart on 06/24/2011. (asp)
October 24, 2011
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MEMORANDUM DECISION and Orderdenying 420 Respondent's Motion to Dismiss Pursuant to Fed. R. Civ. P.41(b). Signed by Judge Ted Stewart on 10/24/2011. (tls)
October 24, 2011
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MEMORANDUM DECISION and Orderdenying without prejudice 414 Petitioner's Motion to Stay Proceedings Pursuant to Rhines v. Weber. Signed by Judge Ted Stewart on 10/24/2011. (tls)
December 6, 2011
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MEMORANDUM DECISION denying and striking 446 Petitioner's Motion to Amend; denying and striking 448 Petitioner's Motion to Stay; granting 452 Motion to Strike; granting 456 Motion to Strike. Signed by Judge Ted Stewart on 12/06/2011. (tls)
January 20, 2012
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MEMORANDUM DECISION denying 478 Petitioner's Motion for Reconsideration. Signed by Judge Ted Stewart on 01/20/2012. (tls)
September 11, 2012
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MEMORANDUM DECISION denying 154 Second Amended Petition for Writ of Habeas Corpus, denying 480 Motion to Strike. Signed by Judge Ted Stewart on 09/11/2012. (asp)
November 14, 2012
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MEMORANDUM DECISION denying 511 Motion to Alter Judgment. Signed by Judge Ted Stewart on 11/13/2012. (asp)
December 20, 2012
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MEMORANDUM DECISION denying 517 Motion for Relief from Judgment. Signed by Judge Ted Stewart on 12/20/12. (ss)
February 29, 2016
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Entry Error - Clerk will refile MEMORANDUM DECISION AND ORDER granting 566 Motion to Stay.. Signed by Judge Ted Stewart on 2/26/2016. (jds) Modified on 3/1/2016 (jds).
March 1, 2016
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MEMORANDUM DECISION AND ORDERgranting 558 Petitioners Renewed Motion to Stay Proceedings ; denying 564 Carters Motion to Supplement the Petition without prejudice ; granting 566 Respondents Motion to Stay. Signed by Judge Ted Stewart on 2/29/2016. (jds)