Garner v. Smith

Garner v. Smith

Petitioner:	Jeffery T Garner
Respondent:	Smith
Case Number:	1:2010cv00596
Filed:	December 2, 2010
Court:	US District Court for the District of Idaho
Office:	Boise - Southern Office
County:	Ada - Southern
Presiding Judge:	Larry M. Boyle
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
March 2, 2012	Filing 21 MEMORANDUM DECISION AND ORDER granting in part and denying in part 15 Motion to Dismiss. The third claim in the Petition for Writ of Habeas Corpus is DISMISSED with prejudice as procedurally defaulted. The Court concludes that the first and secon d claims are also subject to summary dismissal as lacking in merit. Petitioner shall file a response to this Memorandum Decision and Order no later than 30 days from the date of this Order, addressing why the remaining claims should not be dismissed. Petitioner should label his response Motion to Proceed with Habeas Petition.. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by krb)

Date Filed

Document Text

March 2, 2012

Filing 21 MEMORANDUM DECISION AND ORDER granting in part and denying in part 15 Motion to Dismiss. The third claim in the Petition for Writ of Habeas Corpus is DISMISSED with prejudice as procedurally defaulted. The Court concludes that the first and secon d claims are also subject to summary dismissal as lacking in merit. Petitioner shall file a response to this Memorandum Decision and Order no later than 30 days from the date of this Order, addressing why the remaining claims should not be dismissed. Petitioner should label his response Motion to Proceed with Habeas Petition.. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by krb)

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Petitioner: Jeffery T Garner
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Respondent: Smith
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