Collucio v. State of Montana et al
| Michael James Collucio |
| State of Montana and Attorney General of the State of Montana |
| 9:2010cv00064 |
| June 7, 2010 |
| US District Court for the District of Montana |
| Missoula Office |
| MISSOULA |
| Donald W. Molloy |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
28
AMENDED ORDER DISMISSING PETITION AND GRANTING CERTIFICATE OF APPEALABILITY IN PART. The State's motion to dismiss 17 is GRANTED. The Amended Petition 14 is DISMISSED WITH PREJUDICE as procedurally defaulted without excuse. A certificate of appealability is GRANTED on the issues of whether Coluccio's claims are procedurally defaulted and whether he can meet the Schlup standard to excuse any default. Signed by Jeremiah C. Lynch on 2/8/2011. (TAG, )
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