Gus Miller v. Lenard Vare' et al

Filing 58

JUDGMENT: for the reasons assigned: (a) that Grounds 2(a), 2(c), 2(d), 3(a)(1) & (2), 3(c)(1) & (2), 6(a), and 7(a) are DISMISSED with prejudice as procedurally defaulted; (b) that Grounds 2(e), 3(b)(1-4), 4(c)(1-2), 5(b)(1-2), 6(b), 6(c), 7(b), 8(a ), and 8(b) are DISMISSED with prejudice, on the merits to the extent that the claims are based upon allegations of ineffective assistance of counsel and on the basis of procedural default to the extent that the claims are not. Final judgment is entered, in favor of respondents and against petitioner, dismissing this action with prejudice. Signed by Lance S. Wilson on 2/3/2009. (Copies have been distributed pursuant to the NEF - KL)

AO 450 (Rev. 5/85) Judgment in a Civil Case

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UNITED STATES DISTRICT COURT
***** GUS MILLER, Petitioner, V. CASE NUMBER: 3:05-cv-00703-ECR-RAM LENARD VARE, et al., Respondents. DISTRICT OF NEVADA

JUDGMENT IN A CIVIL CASE

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. X Decision by Court. This action came to be considered before the Court. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED, for the reasons assigned: (a) that Grounds 2(a), 2(c), 2(d), 3(a)(1) & (2), 3(c)(1) & (2), 6(a), and 7(a) are DISMISSED with prejudice as procedurally defaulted; (b) that Grounds 2(e), 3(b)(1-4), 4(c)(1-2), 5(b)(1-2), 6(b), 6(c), 7(b), 8(a), and 8(b) are DISMISSED with prejudice, on the merits to the extent that the claims are based upon allegations of ineffective assistance of counsel and on the basis of procedural default to the extent that the claims are not. Final judgment is entered, in favor of respondents and against petitioner, dismissing this action with prejudice.

February 3, 2009

LANCE S. WILSON Clerk

/s/ Kalani Lizares Deputy Clerk