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04-2446 - (HC) Miller v. Scribner


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04-2446 - (HC) Miller v. Scribner
May 3, 2005
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ORDER signed by Judge Kimberly J. Mueller on 5/2/2005. 18 Letter shall be placed in the court file and DISREGARDED. (Waggoner, D)
June 30, 2005
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ORDER signed by Judge Kimberly J. Mueller on 6/29/05 ORDERING that the 20 Petitioner's request for appointment of counsel is DENIED w/out prejudice and the request for discovery is DENIED w/o prejudice. (Sherman, T)
February 27, 2006
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FINDINGS and RECOMMENDATIONS, recommending that respondent's 14 Motion to Dismiss be granted and leave be given for petitioner to file an Amended Petition containing only exhausted claims, signed by Judge Kimberly J. Mueller on 2/27/06. (Marciel, M)
March 17, 2006
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ORDER signed by Judge Kimberly J. Mueller on 3/17/06 ORDERING that petitioner's 3/13/06 request for appointment of counsel is DENIED w/out prejudice to a renewal of the motion at a later stage of the proceedings. Petitioner's 3/13/06 request for an ext of time is GRANTED IN PART. Petitioner is granted 10 days from the date of this order in which to file and serve objections to the 2/27/06 f&r's.(Kastilahn, A)
March 30, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS filed 2/27/2006 are ADOPTED in full 22; GRANTING 14 Motion to Dismiss filed by A K Scribner and petitioner is given leave to file an amended petition within 30 days of the date of this order, containing only exhausted claims, signed by Judge David F. Levi on 3/29/2006. (Reader, L)
May 23, 2006
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ORDER signed by Judge Kimberly J. Mueller on 5/22/06 ORDERING that w/in 30 days of the date of this order, petitioner shall file a motion for a stay that complies with Rhines v. Weber or file a second amended petition. The clerk is directed to send petitioner a form for a petition for writ of HC. (Donati, J)
December 11, 2006
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ORDER signed by Judge Kimberly J. Mueller on 12/6/06 ORDERING that Respondents are directed to file a response to Petitioner's second amended petition within 60 days. If the response is an answer Petitioner's reply shall be filed within 30 days. If response is a motion Petitioner's opposition or non-opposition shall be filed within 30 days and Respondents' reply shall be filed within 15 days. The Clerk to serve a copy of this order with a copy of petition on Michael Farrell. (cc: Michael Farrell)(Engbretson, K.)
August 15, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 8/14/07 recommending that 35 MOTION to DISMISS filed by A K Scribner be denied, but that the petition proceed only on claims one and two, with respondent's answer to claims one and two due within sixty days after any order adopting these F&Rs. Motion referred to Judge Judge Beistline.Objections to F&R due within 20 days. (Davis, D)
January 9, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS IN FULL 35 signed by Judge James K Singleton on 1/9/08: Respondent's motion to dismiss 35 is DENIED, in part, and GRANTED, in part. Petitioner's Third Claim for Relief is DISMISSED, with prejudice. Respondent is directed to serve and file an answer to Claims One and Two that complies with Rule 5 of the Rules Governing Section 2254 Cases within 60 days of the date of this order. Petitioner is directed to file a reply within 20 days after Respondent has served and filed his answer. (Kaminski, H)
September 26, 2008
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MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 09/26/08 ORDERING that the petition for writ of habeas corpus is DENIED; the Court declines to issue a Certificate of Appealability. All federal constitutional issues were addressed by the California Court of Appeal and deemed addressed by the California Supreme Court on petition for review, and no reasonable jurist could find that those decisions were objectively unreasonable. Clerk to enter final judgment accordingly. CASE CLOSED (Benson, A)