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05-458 - (HC) Stewart v. Shepherd et al


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05-458 - (HC) Stewart v. Shepherd et al
May 24, 2005
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ORDER signed by Judge Kimberly J. Mueller on 05/23/05 ORDERING 2 Plaintiff's MOTION to PROCEED IFP GRANTED. Respondent is directed to file a response to petitioner's habeas petition within 60 days from the date of this order. If the response to the habeas petition is an answer, petitioner's reply, shall be filed within 30 days after service of the answer;If the response to pet's habeas petition is a motion, pet's opposition/non-opposition shall be filed within 30 days of service. Resps' reply, if any, shall be filed within 15 days thereafter. The Clerk shall serve a copy of this order with a copy of the petition for writ of HC on Jo Graves.(Servantes, G)
February 23, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 2/23/06 recommending that 7 respondent's motion to dismissed be denied. Motion referred to Judge Levi. (Kastilahn, A)
March 31, 2006
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ORDER signed by Judge David F. Levi on 3/31/06 ADOPTING THE FINDINGS and RECOMMENDATIONS filed 2/23/06, to the extent indicated in this order. Respondent's 7 MOTION to DISMISS is DENIED.(Kastilahn, A)
October 18, 2007
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ORDER signed by Judge Kimberly J. Mueller on 10/18/07 ORDERING that within 30 days, respondent expand the record with all the materials the Governor considered in deciding to rescind petitioners parole date.(Dillon, M)
November 14, 2007
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MEMORANDUM OPINION and ORDER signed by Judge Ralph R. Beistline on 11/13/2007 ORDERING that magistrate judge Mueller's 10/18/2007 order is AFFIRMED. 20(Reader, L)
March 31, 2008
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 3/31/08 ORDERING that the Federal Defender's Office is APPOINTED to represent petitioner; the clerk to serve a copy of this order on David Porter, Assistant Federal Defender; and RECOMMENDING that the petition for writ of HC be granted and that petitioner be released on parole consonant w/ the 3/13/02 determination of the Board of Prision Terms. Motion referred to Judge Ralph R. Beistline, Objections to F&R due w/in 20 days. (cc: David Porter) (Yin, K)
May 30, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/30/08 GRANTING 34 Petitioner's request for Judicial Notice of the following documents: Executive Report on Parole Review Decisions for the State of CA for 2006 and the transcripts of the parole hearings at which prisoners were found suitable for parole in those cases in which the Governor did not reverse the grant of parole in 2006.(Davis, D)
August 27, 2008
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ORDER signed by Judge John A. Mendez on 8/26/08: The petition for a writ of habeas corpus is DENIED 1. Civil Case Terminated. CASE CLOSED. (Kaminski, H)