Hawkins v. Raney et al
| Faron Raymond Hawkins |
| Gary Raney, Roger Bourne and Jan Bennetts |
| 1:2013cv00321 |
| July 23, 2013 |
| 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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Filing
271
MEMORANDUM DECISION AND ORDER - Petitioners Motion for Hearing (Dkt. 269 ) is DENIED. Petitioners Motion to Expedite for Emergency Considerations (Dkt. 270 ) is DENIED as MOOT. The remaining claims in the Second Amended Petition for Writ of Habea s Corpus (Dkt. 182 ) are DENIED. The Petition is DISMISSED 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. See 28 U.S.C. § 2253(c); Rule 11 of the Rules Governing Section 2254 Cases. 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 (lm)
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Filing
262
ORDER. IT IS ORDERED: Petitioner's Motion for Counsel to be Appointed due to COVID-19 (Dkt. 242 ) is DENIED. Petitioner's Motion for Order to Appear Before the Court to Show Cause (Dkt. 243 ) is DENIED. Respondent's Motion for E xtension of Time to File an Answer (Dkt. 248 ) is GRANTED. Petitioner's Motion for Sanctions against State Attorney General for Purposely Admitting and Arguing a Known Falsified, Unlawful Conviction and Knowingly Failing, Refusing to Correc t It (Dkt. 249 ) is DENIED. Petitioner's Motion for the Court to Clarify if it has Admitted Lawyer John Prior's Brief and Argument and Rule upon it or Does Petitioner Have to Resubmit the Brief and Argument to Incorporate (Dkt. 252 ) is GRANTED only to the extent that the Court clarifies that it will consider the brief (which focuses on merits issues) in the final merits phase of this proceeding and Petitioner need not repeat the arguments in his own briefing. Petitioner' ;s Motion for Ruling as to Clarification of Court Reviewing, Receiving, Admitting Petitioner's Claim as to State Failure to Adhere to "Proportionality Analysis" as to Conviction and Sentence of 30 Years to Life being Extremely Disprop ortionate in Comparison (Dkt. 253 ) is DENIED. Petitioner's Motion for Ruling on State Law Being Unconstitutional Idaho Criminal Rule 5.1 (Dkt. 254 ) is DENIED. Respondent's Motion to Strike Dockets 244, 245, 249, 250, 252-54 and 252- 54 (Dkt. 256 ) is well-taken, but is DENIED as MOOT. If Petitioner intends to file a reply (formerly called a traverse) to Respondent's Answer and Brief in Support of Dismissal, it must be no more than 30 pages and must be filed within 30 d ays after entry of this Order. Petitioner's Motion for Sanctions and Charges for Fraud and Perjury for State Admitting Fraudulent, Falsified Testimony and Affidavit and Failing to Answer all 63 Grounds of Petition and Motion to Have Court Notify Petitioner if He Must Re-Send 63 Grounds Not Responded to (Dkts. 259 , 261 ) are DENIED. 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 (ckh)
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Filing
47
ORDER, within 30 days after entry of this Order, Petitioner shall file one comprehensive "Second Amended Petition for Writ of Habeas Corpus," under the proper habeas corpus statute, 28 U.S.C. §2254, naming the proper respondent. Withi n 90 days after the filing of the Second Amended Complaint, Respondentshall have the option of filing any of the following: (1) a motion for stay or for summary dismissal or partial summary dismissal on procedural grounds (which may be followed by an answer if the motion is unsuccessful); or (2) an answer and brief. 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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