Gross v. Michaud et al
Petitioner: Dale Gross
Respondent: David Michaud and Attorney General of the State of Colorado, The
Case Number: 1:2009cv01267
Filed: June 1, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: Logan
Presiding Judge: Boyd N. Boland
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 31, 2011 Opinion or Order Filing 36 ORDER DISMISSING CASE it is ORDERED that the habeas corpus application is denied, and the action is dismissed with prejudice. It is FURTHER ORDERED that each party shall bear his own costs and attorneys fees. It is FURTHER ORDERED that no certificate of appealability will issue because Applicant has not made a substantial showing of the denial of a constitutional right. It is FURTHER ORDERED that the clerk of the Court mail a copy of this order to Mr. Gross at the address he last provided to the Court. by Judge William J. Martinez on 3/31/2011. (erv, )
February 14, 2011 Opinion or Order Filing 33 ORDER. The parties are directed to confer and to file a Joint Status Report, Status Report due 2/23/2011 by Judge William J. Martinez on 02/14/11. (jjh, )
July 14, 2010 Opinion or Order Filing 29 ORDER For State Court Records. Respondents to provide State Court Record within 30 days. Clerk to send copy of this Order to the Clerk of the District Court for Adams County, by Chief Judge Wiley Y. Daniel on 7/14/10. (lyg, )
January 11, 2010 Opinion or Order Filing 23 ORDER to Dismiss in Part and to Draw Case to A District Judge and to a Magistrate Judge. The exhausted claim one is drawn to a district judge and to a magistrate judge. The following exhausted portions of claim four are drawn to a district judge and to a magistrate judge: (4)(a) (failure of trial counsel to object to the faulty self-defense instruction), (4)(b)(ii), (4)(b)(iii), (4)(b)(iv), (4)(b)(v), (4)(b)(vi). The following portions of claim four are dismmissed as procedurally barred: (4)(a) ( failure of appellate counsel to object to the faulty self-defense instruction and failure of trial and appellate counsel to challenge the constitionality of Colo. Rev. Stat § 18-8-706, concerning the retaliation against a witness or victim), (4)(b)(i), (4)(b)(vii), (4)(b)(viii). Claims two, three, five, six, seven, eight, nine, and ten are dismissed as procedurally barred. Claims eleven, twelve, thirteen, and fourteen are dismissed as not cognizable in a 28 U.S.C. § 2254 habeas corpus action. By Judge Philip A Brimmer for Judge Zita L. Weinshienk on 01/08/2010. (sah, )
August 3, 2009 Opinion or Order Filing 10 Minute ORDER granting 9 Motion to Clarify. The amended application that Mr. Gross must file within thirty days from the date of the July 21 minute order must comply with the directives of the June 24 order, i.e., the application must be on the proper, Court-approved form and must comply with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure by Magistrate Judge Boyd N. Boland on 08/03/09.(jjh, )
June 1, 2009 Opinion or Order Filing 2 ORDER Directing Clerk to Commence Civil Action and Directing Applicant to Cure Deficiency. Applicant shall have 30 days to submit a petition on the current court forms, by Magistrate Judge Boyd N. Boland on 5/29/09. (jak, )
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Petitioner: Dale Gross
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Respondent: David Michaud
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Respondent: Attorney General of the State of Colorado, The
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