appeal history

On 2/12/18 the federal district court ordered the Respondents to file an answer on the merits of ground 3 (page 7) of my amended petition ecf 40 :

After two enlargement of times, the Respondents filed it's answer on 7/23/18, and I filed my reply on 7/25/18. On 10/26/18 the Court filed an order granting the Respondent's second extension of time. Normally, the Court would have filed it's order for ground 3 at that time, it did not.

Why the delay?

Ground 3 is based on my right to cross examine Nouzat during sentencing. I allege the Court's delay is related to the issues brought up in "Where is "done talking to Amanda" in the record?", Which could result in case dismissal.

The basis for dismissal is based on alleged withheld exculpatory evidence, the text messaging. The following shows the Respondent's 5 references to the text messaging from it's answer (from above), page 6 :

In the 5 references to the text messaging, the Respondents fail to state "alleged" text messaging, why? I claim the Respondents are sending a subliminal message to the Court that the allegation of the existence of the text messaging is so compelling, Where is "done talking to Amanda" in the record?, that the Respondents are conceding the allegation might as well be considered as proven fact.

Another analysis: the Respondents are trying to mis-lead the Court to believe the text messaging are "facts in evidence" and it's just a matter to show the exculpatory nature of the messaging, not whether they exist. See Where is "done talking to Amanda" in the record?

Since, as of 7/11/19, it has been a year and the Court has yet to file its final order, I filed this document.

Here is the current docket for the federal appeal as of 11/22/19.

In a "Westlaw" search, it appear my case is 40th in position for Gordon's last significant orders filed. Searched on 11-1-19. Detailed list of open habeas cases can be seen here. (left column is original file year, other date is Court's order date). The order shown is ecf 68.

Grounds that were dismissed by the federal court : ground 1 ground 2 ground 4 ground "5" ground "6"