Pinnell v. Belleque

OPINION AND ORDER

BROWN, District Judge.

This matter comes before the Court on Respondent Brian Belleque’s Motion (# 108) for Partial Summary Judgment on exhaustion/procedural default grounds and Petitioner Mark Allen Pinnell’s Motion (# 120) for Evidentiary Hearing on the adequacy of state-court process and the existence of state-created impediments.

In its Motion for Partial Summary Judgment, the State seeks to preclude analysis on the merits of one or more of the claims set forth in Petitioner’s First Amended Petition for Writ of Habeas Corpus on the basis that such claims are unexhausted…