Cuevas v. Kelly
Santos Cuevas |
Brandon Kelly |
6:2018cv00140 |
January 24, 2018 |
US District Court for the District of Oregon |
Eugene (6) Office |
John Jelderks |
Prisoner Petitions: Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
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Filing 28 ORDER - The Court ADOPTS Judge Jelderks' Findings and Recommendation, ECF 15 , and further ADOPTS Judge Jelderks' Supplemental Findings and Recommendation, ECF 19 . Respondent's motion to dismiss (ECF 10 ) is therefore GRANT ED, and Petitioner's Petition for Writ of Habeas Corpus (ECF 1 ) is dismissed without prejudice. Petitioner's motion for injunctive relief (ECF 8 ), for a conditional abeyance (ECF 9 ), and to quash DOJ's motion to dismiss (ECF 14 ) are DENIED. Petitioner's motion to disqualify DOJ, for the Court to recuse itself, and for judgment on the pleadings (ECF 18 ) is also DENIED. Petitioner's motion for DOJ to show cause (ECF 22 ), motion for court appointed counsel (ECF 23 ), and motion to set aside all Findings and Recommendations and for injunctive relief (ECF 27 ) are DENIED. The Court declines to issue a Certificate of Appealability on the basis that Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Signed on 6/1/2018 by Judge Michael H. Simon. (mja) |
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Petitioner: Santos Cuevas | |
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Respondent: Brandon Kelly | |
Represented By: | Lynn David Larsen |
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