Sivak v. Blades
||Lacey Mark Sivak
||May 5, 2016
||US District Court for the District of Idaho
||Boise - Southern Office
||Ada - Southern
||B. Lynn Winmill
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|August 12, 2019
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
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
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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