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04-725 - (HC) Rodriquez v. Scribner, et al


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04-725 - (HC) Rodriquez v. Scribner, et al
September 30, 2005
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ORDER signed by Judge Dale A. Drozd on 09/29/05 DENYING 17Req. for Expansion of Record, 18& 19 Requests for Discovery, 20 Req. for copy of Docket Report and 21 Motion to Expedite.(Brown, T)
September 21, 2006
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ORDER signed by Judge Dale A. Drozd on 09/20/06: Petitioner's 11/07/05 24motion for expansion of the record is DENIED with prejudice; petitioner's 11/17/05 30 motion for discovery is DENIED with prejudice; petitioner's request for a hearing on his motions is DENIED; petitioner's 11/07/05 26, 27 11/17/05 first and second set of proposed interrogatories and 28 29 requests for admissions shall be placed in the record and DISREGARDED. (Kirkpatrick, S)
April 9, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 4/9/08 recommending that the writ of habeas corpus be conditionally granted on petitioner's claim that his waiver of the right to counsel was involuntary because he was not advised by the state trial court of the dangers of self-representation. Subject to the following exception, proceedings in the state court leading to retrial shall be commenced within 60 days. However, if either party appeals the judgment in this case, no criminal proceedings need be commenced until 60 days after the issuance of the mandate following a final appellate decision or the denial of a petition for writ of certiorari, whichever occurs later. In all other respects, it is recommended that petitioner's application for a writ of habeas corpus be denied. Objections due within 20 days after being served with these findings and recommendations. (Duong, D)
August 19, 2008
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ORDER ADOPTING 38 FINDINGS and RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 8/18/08. The writ of habeas corpus is conditionally granted on petitioners claim that his waiver of the right to counsel was involuntary. In all other respects, petitioners application for a writ of habeas corpus is denied. (Dillon, M)
November 13, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 11/03/08. The Clerk shall serve on the District Attorney's Office of the County of San Joaquin and the Clerk of the Superior Court of the County of San Joaquin a copy of the Court's 8/18/08 Order within five days of the date of this order.(Mena-Sanchez, L)