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06-061 - Baker v. Thomas et al (INMATE2)


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06-061 - Baker v. Thomas et al (INMATE2)
April 12, 2006
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ORDER that on or before 5/1/2006 Petitioner may file a response to the 14 Answer filed by Russell Thomas and Troy King. Signed by Judge Vanzetta P. McPherson on 4/12/2006. (dmn )
May 4, 2006
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REPORT AND RECOMMENDATIONS re 24 MOTION to Amend 1 Petition for Writ of Habeas Corpus filed by Jeffery Baker, Jr. which the court construes as a MOTION to Dismiss, that: 1. Petitioner's 5/1/2006 pleading, construed as a 24 Motion to Dismiss claim that his sentence is excessive in violation of the Eighth Amendment, be and is herey GRANTED; 2. Petitioner's remaining claim regarding whether he knowingly, intelligently, and voluntarily waived his Sixth Amendment right to counsel be referred back to the undersigned for further proceedings. Objections to R&R due by 5/18/2006. Signed by Judge Vanzetta P. McPherson on 5/4/2006. (dmn)
May 22, 2006
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ORDER that the 26 REPORT AND RECOMMENDATION is ADOPTED, APPROVED and AFFIRMED. Petitioner's 5/1/2006 pleading, which is construed as a Motion to Dismiss Petitioner's claim that his sentence is excessive in violation of the Eighth Amendment is hereby GRANTED; and Petitioner's remaining claim regarding whether he knowingly, intelligently and voluntarily waived his Sixth Amendment right to counsel be and same is hereby REFERRED back to the Magistrate Judge for further proceedings. Signed by Judge Ira De Ment on 5/22/2006. (dmn)
April 8, 2008
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REPORT AND RECOMMENDATIONS of the Mag Judge that the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED with prejudice; Objections to R&R due by 4/28/2008. Signed by Judge Wallace Capel Jr. on 4/8/08. (djy, )
April 23, 2008
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ra De Ment on 4/23/08. (sl, )ORDERED as follows: (1) petitioner's objections are overruled; (2) the 36 Recommendation of the Magistrate Judge is adopted; (3) the petition for writ of habeas corpus relief is denied and dismissed with prejudice. Signed by Judge Honorable I