Veenstra v. Blades et al
| Albert Pete Veenstra, III |
| Johanna Smith and ISCI |
| 1:2011cv00632 |
| December 15, 2011 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| B. Lynn Winmill |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
94
MEMORANDUM DECISION AND ORDER. Claims Two, Four, Five, and Twelve of the Amended Petition for Writ of Habeas Corpus (Dkt. 33 ) are DENIED on the merits. Because all of Petitioners other claims were previously dismissed, this entire action isnow DISM ISSED with prejudice. The Court does not find its resolution of this habeas matter to be reasonably debatable, and a certificate of appealability will not issue. 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 (cjs)
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Filing
56
MEMORANDUM DECISION AND ORDER Petitioner's Motion for Extension of Time To File Response to Respondent's Motion for Partial Summary Dismissal (Dkt. 36 ) is GRANTED. Petitioner's response (Dkt. 38 ) is deemed timely. Respondent� 39;s two Motions for Extension of Time to File Reply (Dkt. 41 & 42 ) are GRANTED. Respondent's reply (Dkt. 48 ) is deemed timely. Petitioner's Objection to Notice of Lodging of State Court Records and Request for Court Order (Dkt. 43 ) is MOOT. Respondent's Motion to Expand the Record (Dkt. 46 ) is GRANTED. Respondent's Motion to File Oversize Brief (Dkt. 47 ) is GRANTED. Petitioner's Renewed Motion to Augment the Record (Dkt. 51 ) isGRANTED. Petitioner' ;s Request for Evidentiary Hearing and Appointment of Counsel (Dkt. 52 ) is DENIED. Petitioner's Motion for Application of Martinez v. Ryan (Dkt. 39 ) is DENIED. Respondent's Motion for Partial Summary Dismissal (Dkt. 34 ) is GRANTED. Claims One, Three, Six, Seven, Eight, Nine, Ten, and Eleven are DISMISSED with prejudice. Respondent shall file an Answer to the remaining claims (Claims Two, Four, Five, and Twelve) within 90 days after entry of this Order. The answer should also c ontain a brief setting forth the factual and legal basis of grounds for dismissal and/or denial of the remaining claim. Petitioner shall file a reply (formerly called a traverse), containing a brief rebutting Respondent's answer and brief, which shall be filed and served within 30 days after service of the answer. Respondent has the option of filing a sur-reply within 14 days after service of the reply. At that point, the case shall be deemed ready for a final decision. 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 (jp)
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