Ellis v. Little
| Jerry Ellis |
| Steven Little |
| 1:2015cv00515 |
| October 29, 2015 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| B. Lynn Winmill |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
99
MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Petitioner is not entitled to habeas relief on Claims 3, 4, and 5the only remaining claims. Therefore, the Amended Petition for Writ of Habeas Corpus 54 is DISMISSED IN PART and DENIED IN PART. Th e 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 (st)
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Filing
72
ORDER - IT IS ORDERED: 1. Respondents Motion for Extension of Time (Dkt. 55 ) is GRANTED. 2. Petitioners Motion in Objection to Memorandum Decision and Order, Motion for Relief and to Vacate a Judgment or Order, Motion forReconsideration of an Inter locutory Order, and Supplemental Motion forReconsideration of an Interlocutory Order (Dkts. 56 , 57 , 65 & 67 ) are DENIED. 3. Petitioners Motion for Correction to his reply in support of the remaining claims in the Petition (Dkt. 66 ) is GRANT ED. 4. Petitioners Motion to Enter Judgment (Dkt. 70 ) is DENIED as premature to the extent that it requests that the Court grant the Petition, and DENIED as moot to the extent Petitioner seeks a ruling on his pending motions. 5. The Court will issue a merits decision on Petitioners remaining claims at alater date. 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
53
MEMORANDUM DECISION & ORDER Petitioner's Motion to Amend (Dkt. 35 ) is GRANTED. The Clerk of Court shall docket the Amended Complaint (currently Dkt. 35-1) as a separate docket entry, noting the date it was initially submitted to the Court. R espondent's Motion for Extension of Time (Dkt. 37 ) is GRANTED. Petitioner's request for appointment of counsel (contained in Dkt. 41 -1) is DENIED. Petitioner's Motion to Expand the Record (Dkt. 42 ) is GRANTED IN PART to the exte nt set forth above. Respondent's Motion to File Oversize Brief (Dkt. 43 ) is GRANTED. Petitioner's Supplemental Motion to Expand the Record (Dkt. 47 ) is GRANTED IN PART to the extent set forth above. Petitioner's Motion for an Evide ntiary Hearing (Dkt. 50 ) is DENIED. Respondent's Motion for Partial Summary Dismissal (Dkt. 39 ) is GRANTED. Claims 1, 2, and 6-22 are DISMISSED with prejudice. Respondent shall file an answer to the remaining claims (Claims 3, 4, and 5) with in 90 days of the date of this Order. 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 and brief. R espondent has the option of filing a surreply within 14 days after service of the reply. At that point, the case will 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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| Petitioner: Jerry Ellis | |
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| Respondent: Steven Little | |
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