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05-4207 - Hoke v. Schriro et al


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05-4207 - Hoke v. Schriro et al
April 12, 2006
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ORDER that Petitioner's Application to Proceed In Forma Pauperis is granted FURTHER ORDERED a copy of the Petition and this Order be served by the Clerk of Court upon Respondent and AZ Atty Genl by certified mail FURTHER ORDERED that the Respondent shall answer the Petition w/in 40 days of the date of service FURTHER ORDERED that the Petitioner may file a Reply w/in 30 days of the date of service of the Reply FURTHER ORDERED that this matter is referred to Magistrate Jay R. Irwin for further proceedings and a Report and Recommendation. Signed by Judge Mary H Murguia on 4/6/06. (MAP, )
May 21, 2008
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Robert Allen Hoke. IT IS THEREFORE RECOMMENDED that: the Petitioner's Amended Petition for Writ of Habeas Corpus, filed May 15, 2006 (#12) be REFERRED as a whole to the Ninth Circuit Court of Appeals pursuant to Ninth Circuit Rule 22-3 and 28 U.S.C. § 2244(b) for a determination of an application for leave to file it as a successive petition and that this case be administratively CLOSED.IT IS RECOMMENDED IN THE ALTERNATIVE that: Ground 3 (Same Occasion) of Petitioner's Amended Petition for Writ of Habeas Corpus, filed May 15, 2006 (#12) be DISMISSED; Ground 4(Blakely) of Petitioner's Amended Petition for Writ of Habeas Corpus, filed May 15, 2006 (#12) be DENIED; Grounds 1, 2 and 5 of the Petitioner's Amended Petition for Writ of Habeas Corpus, filed May 15, 2006 (#12) be REFERRED to the Ninth Circuit Court of Appeals pursuant to Ninth Circuit Rule 22-3 and 28 U.S.C. § 2244(b) for a determination of an application for leave to file it as a successive petition; and that the remainder of this case be administratively CLOSED. Signed by Magistrate Judge Jay R Irwin on 05/21/08. (DNH)
November 26, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION. The Magistrate Judge's 47 Report and Recommendation is adopted to the extent that it is consistent with this Order; Grounds 1, 2 and 5 of Petitioner's 12 Amended Petition for Writ of Habeas Corpus are DISMISSED WITHOUT PREJUDICE; Ground 3 of Petitioner's 12 Amended Petition is DISMISSED WITH PREJUDICE; Ground 4 of Petitioner's 12 Amended Petition is DENIED; the Clerk is to provide Petitioner with the forms required to file an application for leave to file a second or successive petition with the Ninth Circuit Court of Appeals; directing the Clerk to enter judgment accordingly. Signed by Judge Mary H Murguia on 11/25/08. (Attachments: # (1) SOS form)(REW, )