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04-2741 - (HC) Gallegos v. Carey


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04-2741 - (HC) Gallegos v. Carey
April 25, 2005
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ORDER re 15 Joint Status Report filed by Tom L Carey, signed by Judge Gregory G. Hollows on 4/25/05: Petitioner shall notify the court and respondent by no later than 6/10/05, whether or not he intends to proceed on the existing petition and, if so, by that date must file any supplemental memorandum of points and authorities. Should petitioner choose to amend the petition and proceed on exhausted claims only, petitioner must both inform the court of such an intent and must file an amended exhausted-claims-only petition on or before 6/10/05, along with any supplemental points and authorities (see order for details). (Duong, D)
May 31, 2005
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ORDER signed by Judge Gregory G. Hollows on 5/31/05 ORDERING Petitioner's Motion for Extension of Time 18 is GRANTED. Petitioner must file an Amended Petition and Related Pleadings no later than 8/9/05. (Krueger, M)
August 16, 2005
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FINDINGS and RECOMMENDATIONS recommending that further proceedings in this case be stayed peind the CA Supreme Court's resolution of the petition for writ of habeas corpus filed by petitioner in No S136199 and that the stay remain in effect until 30 days following the entry of a final order by the CA Supreme Court in No. S136199 and referred to Judge Morrison C. England, signed by Judge Gregory G. Hollows on 8/16/05. (Duong, D)
October 17, 2005
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 25 signed by Judge Morrison C. England Jr. on 10/14/05 ORDERING that further proceedings in this case are STAYED 22 pending the CA Supreme Court's resolution of the petition for writ of habeas corpus filed by petitioner in Case No. S136199. This stay will remain in effect until 30 days following the entry of a final order by the CA Supreme Court in case S136199. Case STAYED. (Duong, D)
August 16, 2006
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ORDER signed by Judge Gregory G. Hollows on 8/16/06 GRANTING 27 Motion to Amend Complaint. The Clerk is DIRECTED to deem the proposed second amended petition filed as of the date of this order. The Respondent is GRANTED 30 days to file either an answer or a motion to dismiss (See Order for Details). The stay in this matter is LIFTED, nunc pro tunc, as of 7/14/06. Case reopened.(Donati, J)
September 22, 2006
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ORDER signed by Judge Gregory G. Hollows on 9/22/06 ORDERING that respondent's 33 request for extension of time is GRANTED and the scheduling order is hereby modified for respondent to file the response within 31 days from the date of this order. (Caspar, M) (Caspar, M)
October 25, 2006
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ORDER signed by Judge Gregory G. Hollows on 10/25/06 GRANTING 36 Request for Extension of Time. The Scheduling Order is hereby MODIFIED for the Respondent to file the response within 30 days from the date of this order.(Donati, J)
December 1, 2006
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ORDER signed by Judge Gregory G. Hollows on 12/1/06 GRANTING 38 Request and ORDERING that the scheduling order is MODIFIED for respondent to file the response within 34 days from the date of this order. (Donati, J)
August 10, 2007
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ORDER signed by Judge Gregory G. Hollows on 8/10/2007 ORDERING Evidentiary Hearing set for 2/4/2008 at 09:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. Petitioner shall inform the court within 30 days whether he elects to proceed to an evidentiary hearing; and D. K. Sisto is substituted in as respondent in this matter. (Reader, L)
October 19, 2007
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ORDER signed by Judge Gregory G. Hollows on 10/18/07 GRANTING 59 Request for re-scheduling. Hearing on 52 MOTION for Modification of Court Order on Evidentiary Hearing is reset for 11/15/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Anderson, J)
December 5, 2007
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ORDER signed by Judge Gregory G. Hollows on 12/5/07 ORDERING that petitioner's motion for modication of the court's 8/10/07 Order is DENIED. Petitioner's 68 unopposed request to reschedule the evidentiary hearing is GRANTED. The evidentiary hearing set for 2/4/08 is VACATED and is hereby RE-SET for 4/14/08 at 09:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Kastilahn, A)
March 17, 2008
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ORDER AND WRIT ISSUED signed by Magistrate Judge Gregory G. Hollows on 3/17/08 ORDERING issuance of writ of habeas corpus ad testificandum. Custodian to produce Robert Gallegos at 4/14/08 at 9:00 A.M. in Courtroom 24 before Hon. Gregory Hollows. Custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the California State Prison, Solano, P.O. Box 4000, Vacaville, CA 95696-4000. (cc: USM Priority) (Anderson, J) Modified on 3/19/2008 (Anderson, J).
March 18, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/17/08: Petitioner shall provide, within five calendar days, the rationale for the request for petitioner's two proposed inmate witnesses, Arthur Carr #C- 66940, California State Prison- Solano, and Leon Pogue #E-65357, Pleasant Valley State Prison, Coalinga, along with informing the court why the proposed additional inmate witnesses could not appear via videoconferencing. (Kaminski, H)
March 21, 2008
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ORDER and WRIT 71 of Habeas Corpus Ad Testificandum signed by Magistrate Judge Gregory G. Hollows on 3/21/08. Inmate Arthur Carr (# C-66940) is a necessary and material witness in proceedings set for 4/14/08 at 9:00 AM. Warden D.K. Sisto shall produce inmate to testify by video-conferencing before US District Court, from day to day, until completion of court proceedings. [certified copies of Writ served on following: Warden Sisto (x3) and Out-To-Court Desk at CSP - Sacramento (x2)] (Marciel, M)
March 25, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/25/08 ORDERING that the court now amends the writ issued for Inmate Arthur Carr #C-66940, to accommodate CSP-Solano's video-conferencing schedule. In addition, the court also now issues the writ for the videoconferencing appearance of Inmate Leon Pogue #E-65357 at Pleasant Valley State Prison, Coalinga. However, petitioner's counsel will not be permitted to call Inmate Ashanti as a witness at this late date. (Kastilahn, A)
March 25, 2008
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AMENDED ORDER&WRIT OF HABEAS CORPUS AD TESTIFICANDUM VIA VIDEO-CONFERENCING, signed by Magistrate Judge Gregory G. Hollows on 3/25/08. This Court commands Warden D.K. Sisto, CSP-Solano to produce Arthur Carr, inmate #C-66940, to testify before the USDC on 4/15/08 at 9:00 a.m. by video-conferencing. (Kastilahn, A)
March 25, 2008
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ORDER&WRIT OF HABEAS CORPUS AD TESTIFICANDUM VIA VIDEO-CONFERENCING signed by Magistrate Judge Gregory G. Hollows on 3/25/08 COMMANDING Warden James A. Yates of Pleasant Valley State Prison to produce Leon Pogue, inmate #E-65357 on 4/14/08 at 9:00 a.m. to appear before the USDC by video-conferencing from Pleasant Valley State Prison. (Kastilahn, A)
April 7, 2008
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Gregory G. Hollows on 04/07/08 ORDERING a writ issue commanding Warden D.K. Sisto to produce Robert Gallegos P-18916 to testify in USDC at 9:00 AM on 4/29/08 in courtroom #24. Clerk to serve a copy of this order and writ on the Out-to-Court Desk; WRIT ISSUED. (Yin, K)
April 7, 2008
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Gregory G. Hollows on 04/07/08 ORDERING a writ issue commanding Warden D.K. Sisto to produce Arthur Carr C-66940 to testify in USDC at 9:00 AM on 4/29/08 in courtroom #24. Clerk to serve a copy of this order and writ on the Out-to-Court Desk; WRIT ISSUED. (Yin, K)
April 7, 2008
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Gregory G. Hollows on 04/07/08 ORDERING a writ issue commanding Warden James A. Yates to produce Leon Pogue E-65357 to testify in USDC at 9:00 AM on 4/29/08 in courtroom #24. Clerk to serve a copy of this order and writ on the Out-to-Court Desk; WRIT ISSUED. (Yin, K)
April 9, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/9/08 ORDERING that by issuing modified writs on 4/7/08 the following previous 73 76 80 81 writs have been VACATED. If video-conferencing facilities become available, respondent's counsel should make arrangements, of which the court is notified at the earliest opportunity, for petitioners inmate witnesses, ARTHUR CARR, CDC# C-66940 and/or LEON POGUE, CDC # E65357, to appear via video-conferencing at the evidentiary hearing, now set to begin on April 29, 2008, at 9:00 a.m., rather than in person. Further inabilities to comply with court orders will simply result in a striking of respondent's affirmative statute of limitations defense as well as monetary sanctions to reimburse petitioner's counsel for unnecessary expenditure of time.(Duong, D)
August 29, 2008
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FINDINGS and RECOMMENDATIONS recommending that respondent' s motion to dismiss the entire federal petition on account of an untimely federal filing (Docket # 40) should be granted. Objections to F&R due within twenty days signed by Magistrate Judge Gregory G. Hollows on 8/28/08. (Kaminski, H)
September 24, 2008
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ORDER ADOPTING 107 FINDINGS and RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 09/23/08 and GRANTING 40 Motion to Dismiss filed by Tom L. Carey. CASE CLOSED. (Streeter, J)
October 14, 2008
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ORDER signed by Judge Morrison C. England, Jr on 10/14/08 ORDERING that a Certificate of Appealability is issued in the present action. (Becknal, R)