Turney v. Wengler et al
| Philip A Turney |
| Timothy Wengler, Lawrence G Wasden and Brent Reinke |
| 1:2012cv00611 |
| December 17, 2012 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| Ronald E Bush |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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| Document Text |
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Filing
30
MEMORANDUM DECISION AND ORDER Petitioner's Motion for Enlargement of Time to File Traverse Reply Brief to Respondent's Answer and Brief in Support of Dismissal of Petition for Writ of Habeas Corpus (Dkt. 24 ) is GRANTED. Respondents' Motion for Extension of Time to file a sur-reply (Dkt. 28 ) isGRANTED. Claims 1 and 2(a) of the Petition for Writ of Habeas Corpus are DENIED, and this entire action is DISMISSED with prejudice. 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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Filing
22
MEMORANDUM DECISION AND ORDER Respondent's Motion for Partial Summary Dismissal (Dkt. 9 ) is GRANTED IN PART and DENIED IN PART. Claims 2(b), 2(c), 3, 4, 5(a)- (e), and 6 are DISMISSED with prejudice. Respondent shall file an Answer to the remaining claims Claim 1 (double jeopardy) and Claim 2(a) (ineffective assistance of trial counsel based on the failure to interview or subpoena Travis Anderson)within 90 days after entry of this Order. The answer should also contain 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. ((jp)
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