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05-291 - (HC) Webb v. Kernan et al


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05-291 - (HC) Webb v. Kernan et al
April 26, 2005
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ORDER signed by Judge Gregory G. Hollows on 4/26/05. Respondents are directed to file a response to pet's application within30 days from the date of this order. Pet's reply, if any, shall be filed and served within 30 days of serviceof an answer.Clk shall serve a copy of this order together with a copy ofpet's application for a writ of hc on Jo Graves.(Dotson, B)
May 23, 2005
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ORDER denying without prejudice 12 Motion to Appoint Counsel signed by Judge Gregory G. Hollows on 5/23/05. (Marciel, M)
January 24, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 1/24/06 recommending that the respondents' 11 Motion to Dismiss be denied; the petion be stayed as to claims 1,2, and 4; Petitioner be directed to file a petition to the state supreme court containing claims 1,2, and 4, w/in 30 days of adoption of these F&Rs, should that occur; upon the filing of the decision by the state supreme court, w/in 30 days thereafter, petitioner be directed to file notice to this court of exhaustion of his state court remedies as to claims 1, 2, and 4; and this case be administratively closed, pending state court exhaustion of claims 1, 2, and 4. (Yin, K)
March 17, 2006
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ORDER respondent's 5/12/2005 motion to dismiss is hereby VACATED 11; as are the 1/24/2006 F&R's 15; Respondent is directed to file a motion to dismiss the amended petition which incorporates each ground upon which respondent seeks dismissal, within 20, upon service of which, petitioner will have 30 days to file an opposition; respondent will have 7 days to file a reply, after which the motion will be deemed submitted; Should respondent choose not to file a motion to dismiss, the answer will be due in 30 days, after which petitioner must file any reply within 30 days of service of the answer signed by Judge David F. Levi on 3/16/2006. (Reader, L)
May 12, 2006
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ORDER signed by Judge Gregory G. Hollows on 5/12/06 ORDERING that 25 Request for an extension of time is GRANTED, but not for an indefinite period of time; and petitioner is grant 60 days from the date of this order in which to file and serve an opposition to the defendants' 4/6/06 motion to dismiss. (Caspar, M)
March 13, 2007
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ORDER signed by Judge Gregory G. Hollows on 3/13/07 VACATING 23 Motion to Dismiss. Petitioner shall file a final amended petition within 30 days of the filed date of this order. The clerk is directed to substitute the name of Scott Kernan, Warden, as respondent in this court's case docket. (Donati, J)
May 1, 2007
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ORDER signed by Judge Gregory G. Hollows on 5/1/07 ORDERING that Petitioner's 4/20/07 Request for Appointment of Counsel 30 is DENIED without prejudice to a renewal of the motion at a later stage of the proceedigns.(Krueger, M)
August 27, 2007
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ORDER signed by Judge Gregory G. Hollows on 8/27/07 ORDERING that petitioner show cause within twenty days why respondent's 35 Motion to Dismiss should not be granted. (Anderson, J)
February 28, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 02/28/08 RECOMMENDING that the 35 motion to dismiss be granted and this case be dismissed. Motion referred to Judge Ralph R. Beistline. Objections due within 15 days.(Manzer, C)
September 15, 2008
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ORDER signed by Senior Judge James K. Singleton, Jr., on 9/15/08 ORDERING that the Findings and Recommendations, 38 as modified and supplemented herein, are ADOPTED; Respondent's Motion to Dismiss 35 is GRANTED; The petition for habeas corpus relief filed herein is DISMISSED; and The Clerk of the Court to enter final judgment accordingly. IT IS FURTHER ORDERED That No Certificate of Appealability is required. Rosas v. Nielsen, 428 F.3d 1229, 123132 (9th Cir. 2005). CASE CLOSED. (Becknal, R).