Gross v. Michaud et al

Filing 23

ORDER to Dismiss in Part and to Draw Case to A District Judge and to a Magistrate Judge. The exhausted claim one is drawn to a district judge and to a magistrate judge. The following exhausted portions of claim four are drawn to a district judge and to a magistrate judge: (4)(a) (failure of trial counsel to object to the faulty self-defense instruction), (4)(b)(ii), (4)(b)(iii), (4)(b)(iv), (4)(b)(v), (4)(b)(vi). The following portions of claim four are dismmissed as procedurally barred: (4)(a) ( failure of appellate counsel to object to the faulty self-defense instruction and failure of trial and appellate counsel to challenge the constitionality of Colo. Rev. Stat § 18-8-706, concerning the retaliation against a witness or victim), (4)(b)(i), (4)(b)(vii), (4)(b)(viii). Claims two, three, five, six, seven, eight, nine, and ten are dismissed as procedurally barred. Claims eleven, twelve, thirteen, and fourteen are dismissed as not cognizable in a 28 U.S.C. § 2254 habeas corpus action. By Judge Philip A Brimmer for Judge Zita L. Weinshienk on 01/08/2010. (sah, )