McDermott v. Carlin

McDermott v. Carlin

Petitioner:	Jason McDermott
Respondent:	Tamika Carlin
Case Number:	3:2015cv00425
Filed:	September 14, 2015
Court:	US District Court for the District of Idaho
Office:	Moscow - Central Office
County:	Clearwater - Central
Presiding Judge:	Candy W. Dale
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 16, 2016	Filing 25 MEMORANDUM DECISION & ORDER Petitioner's Motion for Leave to File Amendment to Habeas Corpus Petition (Dkt. 13 ), which asks the Court to "extend[]" Claim 5, is GRANTED to the extent set forth above. Petitioner's Motion for Leav e to Seek Equitable Tolling (Dkt. 14 ) is DENIED. Petitioner's Motion and Notice of Nil-Dicit Default Judgment and Stay of Proceedings (Dkt. 19) is DENIED. The failure to file a response to a motion is not a sufficient basis for a default judg ment or a stay of the proceedings. Respondent's Motion for Summary Dismissal (Dkt. 11 ) is GRANTED, and the Petition (Dkt. 3 ) is DISMISSED with prejudice. Petitioner's Motion for Leave to File Motion Reply Contesting Misrepresented Facts (Dkt. 20 ) is DENIED AS MOOT. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Date Filed

Document Text

August 16, 2016

Filing 25 MEMORANDUM DECISION & ORDER Petitioner's Motion for Leave to File Amendment to Habeas Corpus Petition (Dkt. 13 ), which asks the Court to "extend[]" Claim 5, is GRANTED to the extent set forth above. Petitioner's Motion for Leav e to Seek Equitable Tolling (Dkt. 14 ) is DENIED. Petitioner's Motion and Notice of Nil-Dicit Default Judgment and Stay of Proceedings (Dkt. 19) is DENIED. The failure to file a response to a motion is not a sufficient basis for a default judg ment or a stay of the proceedings. Respondent's Motion for Summary Dismissal (Dkt. 11 ) is GRANTED, and the Petition (Dkt. 3 ) is DISMISSED with prejudice. Petitioner's Motion for Leave to File Motion Reply Contesting Misrepresented Facts (Dkt. 20 ) is DENIED AS MOOT. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

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Petitioner: Jason McDermott
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Respondent: Tamika Carlin
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