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06-016 - Stern v. Schriro et al


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06-016 - Stern v. Schriro et al
January 24, 2007
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ORDER granting 31 Motion to Amend/Correct; granting 32 Motion to Supplement; ORDER dening 24 The Answer requesting the Petition be denied and dismissed. ORDERED that attorney, Brick Storts, is appointed pursuant to the CJRA to represent the Petitioner in this matter. The Clerk of the Court shall send a copy of this Order to Mr. Storts. Ordered that witnin 30 days of the filing date of this Order, the Respondents shall file a Response to address Petitioner's gateway claim of actual innocence. Within 30 days thereafter, Petitioner's Reply shall be due. Respondent may file a sur-Reply with leave of the Court. Ordered that, in the event this Court concludes that Petitioner has met the threshold actual innocence test, the Respondent shall have 30 days to file a dispositive motion responding to the merits of Petitioner's constitutional claims.. Signed by Judge David C Bury on 1/22/07.(JKM, )
July 13, 2010
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REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus, : Magistrate Judge recomends that the District Court dismiss the petition with prejudice. Parties shall have 14 days from the date of service of a copy of this recommendation to filw written objections.***SEE ATTACHED PDF FILE FOR COMPLETE INFORMATION.*** Signed by Magistrate Judge Jacqueline J Marshall on 7/13/10. (MLH)
September 2, 2010
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ORDER ADOPTING REPORT AND RECOMMENDATIONS. 149 Report and Recommendations is accepted and adopted as the findings of fact and conslusions of law of this Court. The Order issued by this Court (doc. 33) is incorporated in itsentirety and affirmed. Petition (Doc. 1) is DENIED. Certificate of Appealability is NOT GRANTED. Clerk of the Court shall enter judgment accordingly.***See Attached PDF File for Complete Information.***Signed by Judge David C Bury on 8/31/10. (MLH)
August 2, 2016
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REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Court, after its independent review, issue an Order denying Petitioner's Petition for Writ (Doc. 1) Petition for Writ of Habeas Corpus (State/2254) Filed January 17, 2006. The parties shall have ten (10) days from the date of service of a copy of this recommendation within which to file specific written objections with the District Court (see attached Order for complete details). Signed by Magistrate Judge Jacqueline M Rateau on 8/2/2016. (MFR)
September 21, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION 198. It is ordered that the Petition is time barred by the AEDPA statute of limitations and dismissed with prejudice. It is further ORDERED that the Clerk of the Court shall enter Judgment accordingly. The Motion for Extension of Time to File Objection is DENIED AS MOOT. Petitioner's two emergency motions (Doc. 201, 202) are DENIED. It is FURTHER ORDERED that the Clerk of the Court shall remove Brick Storts as counsel of record for Petitioner and let the docket reflect that Petitioner is now proceeding pro se. In the event Petitioner files an appeal, he may proceed in forma pauperis and the Court grants a certificate of appealability. Signed by Senior Judge David C Bury on 9/20/16. (See attached PDF for complete information.) (KAH)