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03-1301 - (HC) Sylvester v. Rawers, et al


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03-1301 - (HC) Sylvester v. Rawers, et al
August 16, 2006
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(THESE FINDINGS ARE VACATED PER 44 Court Order) ORDER AND FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 8/16/06 ORDERING that the FD is appointed to represent petitioner. The Clerk is directed to serve a copy of this order and findings on David Porter, Asst FD. Petitioner's counsel shall contact the Clerk's Office to make arrangements for copies of the documents in the file. IT IS RECOMMENDED that petitioner's appl for a writ of hc be granted. Petitioner's convictions in Sac Superior Court case 00F03192 be vacated. Petitioner be discharged from any part of his sentence that remains to be served. Case referred to Judge Burrell. Objections DUE within 20 days after service of these findings. Any reply is DUE within 10 days after service of the objections. (cc: FD David Porter and Petitioner) (Kastilahn, A) Modified on 2/8/2008 (Kastilahn, A).
September 18, 2006
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 9/18/06 GRANTING 18 Application for Enlargement of Time. Respondents' time to file Reply to petitioner's 9/5/06 Objections is ENLARGED by 10 days. (Marciel, M)
June 29, 2007
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ORDER signed by Judge Kimberly J. Mueller on 06/29/07: Status Conference set for 7/11/2007 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller.(Kirkpatrick, S)
July 16, 2007
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ORDER signed by Judge Kimberly J. Mueller on 7/13/2007 ORDERING that w/i 14 days, petitioner shall submit a brief addressing whether the court should hold an evidentiary hearing on the question of whether the prosecution promised petitioner "50% time" as part of the plea agreement. Respondent shall file a response w/i 14 days after brief. Evidentiary Hearing SET for 9/10/2007 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Waggoner, D)
September 12, 2007
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ORDER signed by Judge Kimberly J. Mueller on 9/12/2007 ORDERING that w/i 14 days, the parties shall submit letter briefs, not to exceed two pages. The parties may submit one page replies to the letter briefs w/i 5 days of service thereof. (Waggoner, D)
September 14, 2007
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ORDER signed by Judge Kimberly J. Mueller on 9/14/2007 ORDERING that Evidentiary Hearing is RESET for 12/3/2007 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Waggoner, D)
February 8, 2008
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ORDER and AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 2/8/08. The findings and recommendation issued on 8/16/06 are VACATED. Petitioner's 44 amended motion to expand the record is GRANTED; and the record is expanded to include the documents attached to petitioner's 12/7/07 motion. It is RECOMMENDED that petitioner's appl for writ of hc be denied. Case referred to Judge Burrell. Within 20 days after being served with these findings, any party may file written objections with the court and serve a copy on all parties. Any reply to the objections shall be served and filed within 10 days after service of the objections. (Kastilahn, A)
March 20, 2008
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ORDER ADOPTING in FULL 46 FINDINGS and RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr on 3/20/08; and petitioner's application for writ of hc is DENIED. CASE CLOSED (Kastilahn, A)
April 4, 2008
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ORDER signed by Judge Garland E. Burrell, Jr. on 4/4/08 ORDERING that a certificate of appealability should not issue in this action. (Dillon, M)