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02-1040 - (HC) Hicks v. Carey


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02-1040 - (HC) Hicks v. Carey
January 11, 2006
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FINDINGS and RECOMMENDATIONS recommending that petitioner's application for a writ of habeas corpus be denied; signed by Judge John F. Moulds on 01/10/06. (Kirkpatrick, S)
March 13, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 33 signed by Judge Lawrence K. Karlton on 3/10/06 ORDERING that pet's application for a writ of habeas corpus 1 is DENIED. ***Civil Case Terminated. CASE CLOSED. (Duong, D)
March 28, 2006
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CERTIFICATE OF APPEALABILITY is issued in this present action signed by Judge Lawrence K. Karlton on 3/28/06. Pet's motion for appointment of counsel 37 is granted and John Ward, Attorney at law, is appointed to represent petitioner on appeal.(Duong, D) Modified on 3/28/2006 (Duong, D).
June 11, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 06/10/08 ORDERING that 48 respondent's Request for an Enlargment of Time is GRANTED; respondent's opposition to petitioner's Motion to Vacate is due by 07/28/08. (Benson, A)
July 30, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 7/29/2008 GRANTING 51 Request for an extension; Respondent's opposition to Petitioner's motion to vacate shall be filed no later than 9/27/2008. This deadline shall not be extended further. (Matson, R)
November 18, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 11/17/08 recommending that that petitioner's 05/27/08 motion to vacate judgment be construed as a second or successive application for a writ of habeas corpus and, so construed, that it be dismissed without prejudice to its refiling upon obtaining authorization from the US Court of Appeals for the 9th circuit. Motion 36 referred to Judge Lawrence K. Karlton. Objections due within 20 days. (Plummer, M)
December 23, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 12/23/08 ORDERING that the 55 Findings and Recommendations are adopted in full; and Petitioner's May 27, 2008 motion to vacate judgment is construed as a second or successive application for a writ of habeas corpus and, so construed, is DISMISSED without prejudice to its refiling upon obtaining authorization from the United States Court of Appeals forthe Ninth Circuit. (Becknal, R)