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15-933 - Rojas #158837 v. Ryan et al


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15-933 - Rojas #158837 v. Ryan et al
November 16, 2015
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REPORT AND RECOMMENDATION recommending that Petitioner's 4 MOTION to Stay Pending Exhaustion of State Court Remedies be denied as moot. IT IS FURTHER RECOMMENDED that Respondents' request for a stay be granted and this matter be stayed pending the outcome of the Supreme Court's decision in Montgomery. (See document for further details). Signed by Magistrate Judge John Z Boyle on 11/16/15. (LAD) Modified on 11/16/2015 to regenerate NEF to Petitioner only (Lewis librarian request) (CAD). * Modified to add text on 1/7/2016 (LAD).
January 28, 2016
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ORDER adopting the Report and Recommendation in this matter (Doc. 14); FURTHER ORDERED denying as moot Petitioner's Motion to Stay Pending Exhaustion of State Court Remedies (Doc. 4); FURTHER ORDERED granting Respondents' request for stay pending a decision by the Supreme Court of the United States in Montgomery v. Louisiana, 135 S. Ct. 1546 (Doc. 11); IT IS FURTHER ORDERED that upon the Supreme Court's issuance of a decision in Montgomery, the parties shall file a notice of the decision with this Court, whereupon the Court shall lift the stay. Signed by Judge John J Tuchi on 1/28/2016. (KMG)
February 5, 2018
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REPORT AND RECOMMENDATION: IT IS RECOMMENDED that Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a person in State Custody pursuant to 28 U.S.C. § 2254 1 be GRANTED as to Ground One, and DENIED as to Grounds Two and Three. IT IS FURTHER RECOMMENDED that this matter be remanded to the state court for a new sentencing hearing that comports with the principles set forth in Miller v. Alabama, 132 S. Ct. 2455(2012). This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. The parties hall have 14 days from the date of service of a copy of this Report and Recommendation within which to file specific written objections with the Court. Thereafter, the parties have 14 days within which to file a response to the objections. Failure to timely file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order of judgment entered pursuant to the Magistrate Judge's Report and Recommendation. Signed by Magistrate Judge John Z Boyle on 2/02/2018. (REK)
April 17, 2018
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ORDER: Petitioner's Objection 41 to Section IV of the Magistrate Judge's R&R 40 is sustained and the Objection to Section I is overruled. The remainder of the R&R 40 is adopted. Petitioner's First Amended Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 1 is denied and this action is dismissed with prejudice. A certificate of appealability shall issue on the question of whether Petitioner's sentencing complied with the constitutional requirements set forth in Miller v. Alabama. The Clerk of Court shall enter judgment accordingly. Signed by Judge John J Tuchi on 4/17/2018. (REK)