Legal Opinion

Poitra v. North Dakota

District Court, D. North Dakota

Decided January 7, 2015No. Case No. 1:13-cv-096Published

1Opinion of the Court

ORDER GRANTING MOTION TO DISMISS § 2254 PETITION

CHARLES S. MILLER, JR., United States Magistrate Judge.

Petitioner Joshua John Poitra is an inmate at the North Dakota State Penitentiary (“NDSP”) in Bismarck, North Dakota. He has filed a “Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody.” The State .of North Dakota (“State”) has filed a “Motion to Dismiss Section 2254 Petition.” The parties have consented to the exercise of jurisdiction by the undersigned. For the reasons set forth below, the State’s motion to dismiss is granted', and Poitra’s habeas…

2Cases cited68 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Harrington v. RichterSupreme Court of the United States · 2011
  4. Coleman v. ThompsonSupreme Court of the United States · 1991
  5. Franks v. DelawareSupreme Court of the United States · 1978

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