Johnson v. Kirkman
Sarah Marie Johnson |
Jeff Kirkman |
4:2014cv00395 |
September 18, 2014 |
US District Court for the District of Idaho |
Pocatello - Eastern Office |
Bannock - Eastern |
Candy W. Dale |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 42 MEMORANDUM DECISION AND ORDER - IT IS ORDERED: The Amended Petition for Writ of Habeas Corpus (Dkt. 8 ) is DENIED and DISMISSED with prejudice.The Court will issue a certificate of appealability for Claim Seven. As to the other claims, the Court doe s not find their resolution to be reasonably debatable, and. See 28 U.S.C. § 2253(c); Rule 11 of the Rules Governing Section 2254 Cases. If Petitioner files a timely notice of appeal, the Clerk of Court shall forward a copy of the notice of appe al, together with this Order, to the United States Court of Appeals for the Ninth Circuit. Petitioner may seek a certificate of appealability for other claims from the Ninth Circuit by filing a request in that court. Signed by US Magistrate Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) |
Filing 30 MEMORANDUM DECISION AND ORDER ON ALL PENDING MOTIONS. Petitioners Motion for Limited Discovery (Dkt. 20 ) is DENIED. Petitioner's Motion for Appointment of Counsel (Dkt. 21 ) is GRANTED as set forth above. The parties' Motions for Extens ion of Time (Dkts. 13 , 17 , 22 , 27 ) are GRANTED. The parties' Motions for Leave to File Excess Pages (Dkts. 15 , 18 , 24 ) are GRANTED. Respondent's Motion for Partial Summary Judgment (Dkt. 16 ) isGRANTED as to Claims One and Si x, which are DISMISSED with prejudice. The Motion (Dkt. 16 ) is CONDITIONALLY GRANTED as to Claims Three, Four, and Five. Respondent shall file an answer to the remaining claims within 90 days after entry of this Order. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw) |
Filing 6 INITIAL REVIEW ORDER Petitioner's Motion to Stay and Abey (Dkt. 5 ) is GRANTED. This case is STAYED pending completion of Petitioner's post conviction action in state court. This case is administratively terminated for internal court adm inistration purposes only. Administrative termination does not affect the filing date of the petition, nor does it affect the rights of the parties in any way. Within 30 days after Petitioner's currently-pending state court action is completed, Petitioner may request that the Clerk of Court reopen this case if she desires to proceed. The parties shall not file anything further in this case while they are awaiting completion of the currently-pending state court action.Signed by Judge Candy W. Dale(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: Sarah Marie Johnson | |
Represented By: | Dennis Benjamin |
Represented By: | Deborah Whipple |
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Respondent: Jeff Kirkman | |
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