Esquivel v. Smith

Esquivel v. Smith

Petitioner:	Carlos Esquivel
Respondent:	Johanna Smith
Case Number:	1:2011cv00030
Filed:	January 28, 2011
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
August 16, 2013	Filing 38 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Petitioner's Motion for Extension of Time in Which to File Reply 33 is GRANTED. The Reply (Dkt. 35) has been considered. Petitioner's Amended Petition for Writ of Habeas Corpus 21 is DENIED , and this entire action is DISMISSED with prejudice. The Court will not grant a COA in this case. If Petitioner wishes to proceedto the United States Court of Appeals for the Ninth Circuit, Petitioner mustfile a notice of appeal in this Court within 30 days after entry ofthis Order, and he may file a motion for COA in the Ninth Circuit Court ofAppeals, pursuant to Federal Rule of Appellate Procedure 22(b)(2). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
August 28, 2012	Filing 31 MEMORANDUM DECISION AND ORDER deeming as moot 10 Motion for Partial Summary Dismissal; denying 22 Motion for the Appointment of Counsel; deeming as moot 25 Motion to Court to File Decision or Response; granting 27 Motion to Amend/Correct; de nying 28 Renewed Motion for the Appointment of Counsel. The 21 Amended Petition is deemed properly filed. The Respondent shall file an answer to the Amended Petition within 60 days from the date of this Order. Petitioner shall file a reply (forme rly called a traverse) within 30 days after service of the answer. Respondent has the option of filing a sure-reply within 14 days after service of the reply. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

Date Filed

Document Text

August 16, 2013

Filing 38 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Petitioner's Motion for Extension of Time in Which to File Reply 33 is GRANTED. The Reply (Dkt. 35) has been considered. Petitioner's Amended Petition for Writ of Habeas Corpus 21 is DENIED , and this entire action is DISMISSED with prejudice. The Court will not grant a COA in this case. If Petitioner wishes to proceedto the United States Court of Appeals for the Ninth Circuit, Petitioner mustfile a notice of appeal in this Court within 30 days after entry ofthis Order, and he may file a motion for COA in the Ninth Circuit Court ofAppeals, pursuant to Federal Rule of Appellate Procedure 22(b)(2). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

August 28, 2012

Filing 31 MEMORANDUM DECISION AND ORDER deeming as moot 10 Motion for Partial Summary Dismissal; denying 22 Motion for the Appointment of Counsel; deeming as moot 25 Motion to Court to File Decision or Response; granting 27 Motion to Amend/Correct; de nying 28 Renewed Motion for the Appointment of Counsel. The 21 Amended Petition is deemed properly filed. The Respondent shall file an answer to the Amended Petition within 60 days from the date of this Order. Petitioner shall file a reply (forme rly called a traverse) within 30 days after service of the answer. Respondent has the option of filing a sure-reply within 14 days after service of the reply. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

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Petitioner: Carlos Esquivel
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Respondent: Johanna Smith
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