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04-2232 - (HC) Roberts v. Carey


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04-2232 - (HC) Roberts v. Carey
November 30, 2005
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ORDER signed by Judge Peter A. Nowinski on 11/29/05 ORDERING Resp's motion to dismiss 11 is DENIED w/out prejudice. Resp shall respond to ptnr's first amended petition w/in 60 days. Ptnr's reply shall be filed w/in 30 days. Ptnr's opposition/non-opposition shall be filed w/in 30 days and Resp's reply shall be filed 15 days thereafter. The Clerk shall serve a copy of this order together w/ a copy of ptnr's 4/5/05 first amended petition for Writ of HC on AG Jo Graves. (cc: Jo Graves) (Girgis, C)
January 19, 2006
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ORDER signed by Judge Peter A. Nowinski on 01/19/06 ORDERING petitioner's 06/13/06 motion to proceed IFP 14 is DENIED. (Warren, P)
March 16, 2006
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ORDER to SHOW CAUSE signed by Judge John F. Moulds on 3/16/06 ORDERING that ptnr show cause, w/in 20 days, why resp's 1/30/06 Motion to Dismiss should not be granted.(Brown, T)
April 10, 2006
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ORDER signed by Judge John F. Moulds on 04/07/06 ORDERING petitioner's 03/06/06 motion for appointment of counsel 21 is DENIED without prejudice; Petitioner's 03/06/06 motion for an extension of time 22 is GRANTED; Petitioner is granted 30 days from the date of this order in which to file and serve an opposition to respondents' 01/30/06 motion to dismiss. (Warren, P)
May 26, 2006
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ORDER signed by Judge John F. Moulds on 5/25/2006 ORDERING: 26 Order to Show Cause is VACATED; 30 Request(Motion) to appear by telephone filed by Rueben Roberts is DENIED; and Petitioner has 20 days from the date of this order to file an opposition to respondent's motion to dismiss or a notice of non-opposition. (Matson, R)
May 31, 2006
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ORDER signed by Judge John F. Moulds on 5/30/2006 ORDERING: 26 Order to Show Cause is VACATED; 30 Request for phone conference filed by Rueben Roberts is DENIED; and Petitioner has 20 days from the date of this order either to file an opposition to respondent's motion to dismiss or a notice of non-opposition. (Matson, R)
March 7, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/6/08 Recommending that Repondent's 1/30/06 20 MOTION to DISMISS be granted as follows: All claims challenging the judgment of conviction be dismissed with prejudice on the grounds that they are untimely. All claims challenging the order to revoke probation and to revoke suspension of the sentence be dimissed without prejudice on the ground that petitioner failed to exhaust the available state remedies; and the Clerk be directed to close the case. The Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Within 14 days after being served with these Findings and Recommendatins, any party may file written objectins with the Court and serve a copy on all parties. (Mena-Sanchez, L)
March 28, 2008
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ORDER signed by Judge Morrison C. England, Jr on 3/28/08 ADOPTING 38 FINDINGS and RECOMMENDATIONS in full. Respondent's 20 Motion to Dismiss is GRANTED as follows: All claims challenging the judgment of conviction are dismissed with prejudice on the ground that they are untimely. All claims challenging the order to revoke probation and to revoke suspension of the sentence are dismissed without prejudice on the ground that petitioner failed to exhaust the available state remedies. The Clerk is directed to close the case. CASE CLOSED. (Anderson, J)