Sivak v. Blades
Petitioner: Lacey Mark Sivak
Respondent: Randy Blades
Case Number: 1:2016cv00189
Filed: May 5, 2016
Court: US District Court for the District of Idaho
Office: Boise - Southern Office
County: Ada - Southern
Presiding Judge: B. Lynn Winmill
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
May 8, 2024 Opinion or Order Filing 270 MEMORANDUM DECISION AND ORDER - IT IS ORDERED: Petitioner's Petition for Injunction (Dkt. 269 ) is DENIED. Claim 29(g) and (t) is DENIED on the merits. Because all other claims have already been dismissed, this entire action is DISMISSED with p rejudice. 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. If Petitioner wishe s 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 Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)
March 30, 2023 Opinion or Order Filing 236 PRELIMINARY RULING: RESPONDENT'S MOTION FOR SUMMARY DISMISSAL. IT IS ORDERED: Petitioner's Petition to Sanction (Dkt. 225 ) is DENIED. Respondent's Motion for Summary Dismissal (Dkt. 188 ) is CONDITIONALLY GRANTED IN PART. All claims in the Petition, with the exception of Claim 29(g) and (t), are conditionally dismissed with prejudice. Respondent's Motion for Summary Dismissal (Dkt. 188) is CONDITIONALLY GRANTED IN PART. All claims in the Petition, with the exception of Claim 29(g) and (t), are conditionally 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 (km)
May 5, 2022 Opinion or Order Filing 185 MEMORANDUM DECISION AND ORDER. All of Petitioners pending motions (Dkt. 164 , 166 , 167 , 171 , 177 , and 182 ) are DENIED for the reasons explained above. FDSs Motion for Appointment as Amicus Curiae on Behalf of Petitioner (Dkt. 168 ) is GRANTED. Jonah J. Horwitz of the FDS is hereby APPOINTED amicus curiae.. 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 (alw)
August 12, 2019 Opinion or Order Filing 143 MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Petitioners guilt-phase claims are dismissed as procedurally defaulted. Because all of Petitioners remaining claims have already been dismissed, this entire action is DISMISSED with prejudice. 2. 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 (jd)
September 27, 2018 Opinion or Order Filing 116 MEMORANDUM DECISION AND ORDER The Court's conditional grant of Respondent's Motion for Summary Dismissal with respect to Petitioner's resentencing claims (Dkt. 82 ) is CONFIRMED. All of Petitioner's resentencing claims are DISMIS SED with prejudice as procedurally defaulted. Petitioner's Motion for Court to Rescind its Memorandum Decision and Order dated 8/29/17, based on False Data and Perjured Presentations (Dkt. 83 ) is DENIED as frivolous. Petitioner's Request for Hearing (Dkt. 88 ) is DENIED. Petitioner's Motion to Sanction Respondent (Dkt. 91 ) is DENIED as frivolous. Petitioner's Motion for Restraining Order (Dkt. 96 ) is DENIED. Petitioner's Motion to Allow Other Issues Previously Denied to Proceed (Dkt. 101 ) is GRANTED to the extent that the Court VACATES its previous dismissal of Petitioner's guilt-phase claims. The Court's previous dismissal of (1) Petitioner's claim challenging his now-vacated death senten ce, (2) Petitioners civil rights claims, and (3) Petitioner's "claim" that he might have other potential claims, is not affected by this Order. Petitioner's Request for Investigation Relevant to Case (Dkt. 110) is DENIED. Withi n 60 days after entry of this Order, Respondent must file an answer and brief. Within 28 days after service of Respondent's answer and brief as to Petitioner's guilt phase claims, Petitioner must file a reply to that 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)
August 29, 2017 Opinion or Order Filing 82 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Petitioner's Request 70 is DENIED. Petitioner's Motion 72 is DENIED as frivolous. Petitioner's Request 75 is DENIED. Petitioner's Motion 77 is DENIED as frivolous. Responden t's Motion 31 is CONDITIONALLY GRANTED. Within 21 days, Petitioner may file a supplemental response. 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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Petitioner: Lacey Mark Sivak
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Respondent: Randy Blades
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