LYNN SMITH LLC

Judicial Publications

9th

28:2254 Petition for Writ of Habeas Corpus (State)

civil

Prisoner Petitions - Habeas Corpus

State of Idaho

Defendant

Kanay Mubita

Petitioner

Randy Blades

Respondent

LYNN SMITH LLC

Respondent

Tim Wengler

Respondent

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2015-05-04

MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Petitioner's Motion to Reconsider Petitioner's Motion for Appointment of Counsel 50 is DENIED. Petitioner's Motion to Apply One or Both Exceptions to the Defaulted Claims 40 is DENIED. Respondent's Motion for Extension of Time to File Answer 43 is GRANTED. Respondent's Motion to Seal Third Supplemental Lodging 45 is GRANTED in part, and DENIED in part. The claims in the Petition for Writ of Habeas Corpus 3 are DENIED and DISMISSED with prejudice. TheCourt 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 (st)

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2013-09-28

MEMORANDUM DECISION AND ORDER. Respondent's Motion for Partial Summary Dismissal 29 is GRANTED in part: Claim One is dismissed with prejudice, and any state law issues or Fourth Amendment issues raised in Claim Three are dismissed with prejudice. Respondent's Motion for Partial Summary Dismissal 29 is CONDITIONALLY GRANTED in part. Within the next 30 days, Petitioner may file a motion and memorandum asking the Court to apply one or both exceptionsto the defaulted claims. Petitioner's Motion to Show Cause Why Respondent Has Not Filed an Answer 31 is DENIED. Respondent shall file an answer to the remaining claims within 90 days after entry of this Order. 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 (st)