Brink v. Wengler
| Donald Shane Brink |
| Timothy Wengler |
| 1:2013cv00039 |
| January 23, 2013 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| Edward J. Lodge |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
59
MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Petitioner's Third Motion for Extension of Time to file Reply (Traverse) 56 is GRANTED. The Reply (Traverse) 57 has been considered. The Petition for Writ of Habeas Corpus (Dkt. 3) is DENIED and DISMISSED with prejudice. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing
39
MEMORANDUM DECISION AND ORDER. Petitioner's First and Second Motions for Extensions of Time to File Response to Order 32 and 34 are GRANTED. The response filed at Docket No. 37 is considered timely. Respondent's Motion to Dismiss [12 ] is GRANTED. Petitioner may proceed on only those claims set forth above. Respondent shall file an answer to the remaining claims within 90 days after entry of this Order. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing
31
MEMORANDUM DECISION AND ORDER. Respondent's Motion to Dismiss 12 is DENIED in part and CONDITIONALLY GRANTED in part. Petitioner's memoranda regarding procedural default and cause and prejudice shall be filed no later than 60 days after entry of this Order. Respondent's Motion for Leave to File Excess Pages 13 is GRANTED. Petitioner's Motion for Judicial Notice 19 is GRANTED in part and DENIED in part. Petitioner's Objection to Lodging of the State Record 18 is GRANTED in part and DENIED in part. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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| Petitioner: Donald Shane Brink | |
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| Respondent: Timothy Wengler | |
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