Montez v. Premo

Petitioner: Marco Montez
Respondent: Jeff Premo
Case Number: 3:2014cv01551
Filed: September 30, 2014
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Michael J. McShane
Nature of Suit: Prisoner Petitions: Habeas Corpus (Death Penalty)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus - Stay of Execution
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
October 15, 2018 Opinion or Order Filing 50 Opinion and Order: The Court concludes that the following claims are procedurally defaulted and that the petitioner had failed to show that the Court should exercise their default: Claims 2, 4, 17, 20, 26, 27, 28, 31, and 32. Accordingly, the Court dismisses them with prejudice. The parties agree that the following claims are not ripe for review, and are therefore dismissed without prejudice as premature: Claims 33, 34, 35, 36, and 37. In addition to the claims the parties agree were properly exhausted before the Oregon state courts (Claims 1, 3, 5, 8, 9, 10, 11, 12, 16, 18, 19, 21, 22, 23, 24, 25, 29, and 30) the Court concludes the following were also properly exhausted: Claims 7 and 15. Moreover, respondent waives the defense of proced ural default with regard to Claims 38 and 39. These claims may proceed to consideration on the merits. The Court withholds judgment on procedural default until the merits of the following claims are discussed in future briefing: Claims 6, 13, 14, and 40.The Court directs the parties to propose a joint scheduling order to proceed with briefing on the relevant claims on the merits. Joint status report is due by 11/1/2018. Signed on 10/15/2018 by Judge Michael J. McShane. (cp)

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Petitioner: Marco Montez
Represented By: Michael R. Levine
Represented By: Kendra M. Matthews
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Respondent: Jeff Premo
Represented By: Rafael A. Caso
Represented By: Kathleen M. Cegla
Represented By: Gregory A. Rios
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