Leytham v. Page

Leytham v. Page

Petitioner:	Jimmy Leytham
Respondent:	Chad Page
Case Number:	1:2016cv00437
Filed:	September 29, 2016
Court:	US District Court for the District of Idaho
Office:	Boise - Southern Office
County:	Ada - Southern
Presiding Judge:	Candy W. Dale
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
July 29, 2019	Filing 54 MEMORANDUM DECISION AND ORDER Petitioner's Motion to Encourage State to Get Records Released (Dkt. 50 ) is DENIED. The remaining portion of Claim 2 of the Amended Petition for Writ of Habeas Corpus (Dkt. 8 ) is DENIED. Because all other claims have already been dismissed, this entire action is DISMISSED with prejudice. Petitioner's Motion to Object to Dismissal (Dkt. 51 ) is DENIED. Respondent's Motion to Strike (Dkt. 47 ) is DENIED AS MOOT. The Court does not find its reso lution 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 Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
February 25, 2019	Filing 44 MEMORANDUM DECISION AND ORDER Petitioner's Motion for New Evidence of Old Court Records (Dkt. 37 ), construed as a motion to augment his briefing on the Motion for Partial Summary Dismissal, is GRANTED to the extent that the Court has consider ed all of Petitioner's filings in this case. Respondent's Motion for Partial Summary Dismissal (Dkt. 24 ) is GRANTED. Claims 1, 3, and 4 are DISMISSED with prejudice, as is Claim 2 to the extent that claim challenges Petitioner's conv iction in the FTC case. Petitioner's "Motion After Talking to Justic [sic] Curtis Appealant [sic] Attorney" (Dkt. 41 ), construed as a motion for the application of the Martinez exception, is DENIED. Respondent must file an answer to the remaining claim-Claim 2, to the extent that claim applies to Petitioner's forgery conviction-within 60 days after entry of this Order. Petitioner must file a reply (formerly called a traverse), containing a brief rebutting Respondent's answer and brief, which must be filed and served within 28 days after service of the answer and brief. Respondent has the option of filing a sur-reply within 14 days after service of the reply. Signed by Judge Candy W. Dale. (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

July 29, 2019

Filing 54 MEMORANDUM DECISION AND ORDER Petitioner's Motion to Encourage State to Get Records Released (Dkt. 50 ) is DENIED. The remaining portion of Claim 2 of the Amended Petition for Writ of Habeas Corpus (Dkt. 8 ) is DENIED. Because all other claims have already been dismissed, this entire action is DISMISSED with prejudice. Petitioner's Motion to Object to Dismissal (Dkt. 51 ) is DENIED. Respondent's Motion to Strike (Dkt. 47 ) is DENIED AS MOOT. The Court does not find its reso lution 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 Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

February 25, 2019

Filing 44 MEMORANDUM DECISION AND ORDER Petitioner's Motion for New Evidence of Old Court Records (Dkt. 37 ), construed as a motion to augment his briefing on the Motion for Partial Summary Dismissal, is GRANTED to the extent that the Court has consider ed all of Petitioner's filings in this case. Respondent's Motion for Partial Summary Dismissal (Dkt. 24 ) is GRANTED. Claims 1, 3, and 4 are DISMISSED with prejudice, as is Claim 2 to the extent that claim challenges Petitioner's conv iction in the FTC case. Petitioner's "Motion After Talking to Justic [sic] Curtis Appealant [sic] Attorney" (Dkt. 41 ), construed as a motion for the application of the Martinez exception, is DENIED. Respondent must file an answer to the remaining claim-Claim 2, to the extent that claim applies to Petitioner's forgery conviction-within 60 days after entry of this Order. Petitioner must file a reply (formerly called a traverse), containing a brief rebutting Respondent's answer and brief, which must be filed and served within 28 days after service of the answer and brief. Respondent has the option of filing a sur-reply within 14 days after service of the reply. Signed by Judge Candy W. Dale. (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: Jimmy Leytham
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Respondent: Chad Page
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