Hayes v. Page

Hayes v. Page

Petitioner:	Michael Thomas Hayes
Respondent:	Chad Page
Case Number:	1:2016cv00386
Filed:	August 22, 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. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 24, 2018	Filing 29 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Respondents Motion for Extension of Time to File Answer (Dkt. 23 ) is GRANTED. The Answer is considered timely. The Petition for Writ of Habeas Corpus (Dkt. 3 ) is DENIED and DISMISSEDwith prejudice. 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 (km)
August 28, 2017	Filing 22 MEMORANDUM DECISION AND ORDER Petitioner's Motion for Appointment of Counsel (Dkt. 14 ) is DENIED without prejudice. Petitioner's Motion to Strike State's Lodging of Record (Dkt. 15 ) is DENIED. Petitioner's Request for Produ ction of Clerk Record (Dkt. 16 ) is DENIED as MOOT. Petitioner's Motion to Lodge Request for Production of Clerk Record (Dkt. 17 ) is DENIED as MOOT. Respondent's Motion for Partial Summary Dismissal (Dkt. 10 ) is GRANTED. Claims 2 and 4 are subject to dismissal with prejudice unless Petitioner shows cause and prejudice to excuse the default of these claims. Respondent shall file an Answer to the remaining claims within 90 days. Petitioner thereafter may file a reply (including an y cause and prejudice arguments and any arguments arising from his late receipt of the full state court record in this matter) within 45 days, and Respondent may file a sur-reply within 21 days. No further filings shall be made without leave of Court. 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)

Date Filed

Document Text

September 24, 2018

Filing 29 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Respondents Motion for Extension of Time to File Answer (Dkt. 23 ) is GRANTED. The Answer is considered timely. The Petition for Writ of Habeas Corpus (Dkt. 3 ) is DENIED and DISMISSEDwith prejudice. 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 (km)

August 28, 2017

Filing 22 MEMORANDUM DECISION AND ORDER Petitioner's Motion for Appointment of Counsel (Dkt. 14 ) is DENIED without prejudice. Petitioner's Motion to Strike State's Lodging of Record (Dkt. 15 ) is DENIED. Petitioner's Request for Produ ction of Clerk Record (Dkt. 16 ) is DENIED as MOOT. Petitioner's Motion to Lodge Request for Production of Clerk Record (Dkt. 17 ) is DENIED as MOOT. Respondent's Motion for Partial Summary Dismissal (Dkt. 10 ) is GRANTED. Claims 2 and 4 are subject to dismissal with prejudice unless Petitioner shows cause and prejudice to excuse the default of these claims. Respondent shall file an Answer to the remaining claims within 90 days. Petitioner thereafter may file a reply (including an y cause and prejudice arguments and any arguments arising from his late receipt of the full state court record in this matter) within 45 days, and Respondent may file a sur-reply within 21 days. No further filings shall be made without leave of Court. 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: Michael Thomas Hayes
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Respondent: Chad Page
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