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02-2337 - (HC) Tate v. Lamarque, et al


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02-2337 - (HC) Tate v. Lamarque, et al
April 21, 2005
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ORDER signed by Judge Gregory G. Hollows on 4/20/05. Petitioner's second 45 MOTION to APPOINT COUNSEL is DENIED without prejudice to a renewal of motion at later stage of proceedings. (Marciel, M)
June 23, 2005
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ORDER signed by Judge Gregory G. Hollows on 6/22/05 granting 53 Application/Request for extension of time filed by Anthony Lamarque. A response to pet for writ of hc shall be filed on or before 7/19/05. (Dotson, B)
November 10, 2005
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ORDER signed by Judge Gregory G. Hollows on 11/9/05. Within 10 days of date of Order, petitioner shall further briefing addressing failure to exhaust claims. FINDINGS and RECOMMENDATIONS, recommending that respondent's 56 Motion to Dismiss be granted in part and denied in part. Within 20 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
January 11, 2006
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ORDER signed by Judge Morrison C. England Jr. on 1/10/06 ADOPTING 64 Findings and Recommendations, and GRANTING IN PART/ DENYING IN PART 56 Motion to Dismiss (See Order for specific ruling on claims). Within 30 days of the date of this order, respondent shall file an answer addressing the exhausted claims.(Donati, J)
January 19, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 1/18/06 recommending that the following claims be dismissed as unexhausted: 1) counsel was ineffective for failing to investigate the validity of petitioner's prior convictions; 2) jury instruction error; and 3) the trial court abused its discretion when it would not permit petitioner to attend his Marsden hearing. Petitioner's request to stay this action to exhaust these claims be denied. (Donati, J)
March 8, 2006
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ORDER signed by Judge Morrison C. England Jr. on 3/7/06 ORDERING F/Rs 67 ADOPTED in full. The following claims are DISMISSED as unexhausted: counsel was ineffective for failing to investigate the validity of Ptnr's prior convictions; jury instruction error; and the trial court abused its discretion when it would not permit Ptnr to attend his Marsden hearing. Ptnr's Request to Stay this action to exhaust these claims is DENIED. The briefing schedule set in the 1/11/06 Order is modified as follows: w/in 30 days of this Order, resp shall file an Answer addressing those claims found exhausted in the 1/11/06 order; Ptnr may file a reply w/in 30 days thereafter. (Krueger, M)
April 12, 2006
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ORDER signed by Judge Gregory G. Hollows on 04/11/06 ORDERING that respondent's 71 request for a 30 day enlargement of time is GRANTED. The answer to the petition shall be filed on or before 5/6/06.(Caspar, M)
May 9, 2006
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ORDER signed by Judge Gregory G. Hollows on 5/9/06 ORDERING that respondent's request for a second enlargement of time is GRANTED. The answer to the petition shall be filed on or before 6/5/06.(Caspar, M)
July 6, 2006
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ORDER signed by Judge Gregory G. Hollows on 7/6/06 ORDERING that the 6/26/06 77 request for an extension of time is granted; and petitioner shall file and serve his reply to respondent's answer within 30 days of the date of this order.(Caspar, M)
August 14, 2006
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ORDER signed by Judge Gregory G. Hollows on 8/14/06 ORDERING Petitioner's 7/31/06 Motion for Extension of Time 79 GRANTED, and Ptnr shall file his Reply to Respondent's Answer by 9/20/06. (Krueger, M)
September 27, 2006
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ORDER signed by Judge Gregory G. Hollows on 9/27/06 ORDERING that petitioner's 9/20/06 81 third request for an extension of time is GRANTED; and petitioner shall file a reply to respondent's answer on or before 10/30/06. No further extensions of time shall be granted.(Caspar, M)
July 13, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 7/13/07 recommending that 1 petitioner's application for a writ of habeas corpus be denied. Objections to F&R due within 20 days. (Anderson, J)
July 30, 2007
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ORDER signed by Judge Gregory G. Hollows on 7/30/07 ORDERING that 91 petitioner's 7/20/07 request for an ext of time is GRANTED. Petitioner is GRANTED 30 days from the date of this order in which to file his objections to the 7/13/07 findings and recommendations. (Kastilahn, A)
September 28, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Morrison C. England Jr. on 09/28/07 ordering the 90 Findings and Recommendations filed 07/13/07 are adopted in full. The petition for writ of habeas corpus is denied. CASE CLOSED. (Plummer, M)
November 7, 2007
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ORDER signed by Judge Morrison C. England Jr. on 11/07/07 ORDERING that 97 Certificate of Appealability is ISSUED. (Benson, A)
January 29, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 1/29/08 DENYING 101 Request and, 102 Request for transcripts and excerpt of records. (Anderson, J)
May 7, 2008
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ORDER signed by Judge Morrison C. England, Jr on 5/6/08 DENYING 104 Motion to reopen proceedings. (Becknal, R)