Thurlow v. Yordy
Kenneth E. Thurlow |
Keith Yordy |
1:2015cv00223 |
June 24, 2015 |
US District Court for the District of Idaho |
Boise - Southern Office |
Ada - Southern |
Candy W. Dale |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 36 MEMORANDUM DECISION AND ORDER - Claims 1 and 4 of the Petition for Writ of Habeas Corpus (Dkt. 1 ) are DENIED. Because Claims 2 and 3 have already been dismissed, this entire action is DISMISSED with prejudice. The Court does not find its resolutio n 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. If Petitioner wishes to appeal, he must file a timely notice of appeal with the Clerk of Court. Petitioner may seek a certificate of appealability from the Ninth Circuit by filing a request in that court. Signed by Judge B. Lynn Winmill. ((jd) |
Filing 25 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Respondents Motion for Extension of Time (Dkt. 20 ) is GRANTED. Respondents Motion for Partial Summary Dismissal (Dkt. 21 ) is GRANTED. Claims 2 and 3 of the Petition are DISMISSED with prejudice. Respo ndent must file an answer to the remaining claims (Claims 1 and 4) within 60 days of the date of this Order. The parties may agree to extensions of time in this matter and should file a joint stipulation if they so agree, in which case a motion for extension of time is not required. 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 (km) |
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Petitioner: Kenneth E. Thurlow | |
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Respondent: Keith Yordy | |
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