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05-892 - (HC) Rich v. Martel


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05-892 - (HC) Rich v. Martel
July 13, 2005
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ORDER signed by Judge Gregory G. Hollows on 7/12/05. Petitioner's Request to Proceed IFP is GRANTED. The Federal Defender is APPOINTED to represent petitioner. Within 30 days of Order, parties shall file a Joint Scheduling Statement. Clerk shall serve copy of Order together with copy of Application for a Writ of Habeas Corpus on Jo Graves.(Marciel, M)
August 12, 2005
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STIPULATION AND ORDER 7 signed by Judge Gregory G. Hollows on 8/11/05. The time for parties to file a Joint Scheduling Statement is EXTENDED up to and including 9/9/05.(Marciel, M)
September 26, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/26/05 ORDERING Should ptnr elect to stand on existing petition, he must inform court and file any pts and authorities w/in 90 days; should ptnr amend petition he must inform the court of such intent and file amended exhausted-claims-only petition w/in 90 days; if ptnr proceeds in accordance w/ nos.1 or 2, resp must file answer or responsive motion w/in 45 days; thereafter, ptnr must w/in 30 days file in reply to answer; if resp files motion, he must file any reply to opposition w/in 15 days. If ptnr intends to make a motion for leave to conduct discovery, ptnr must do so w/in 90 days; if ptnr chooses to move for evidentiary hrg, he must do so at earliest opportunity. See Order for further details.(Girgis, C) Modified on 10/20/2005 (Krueger, M).
February 28, 2006
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ORDER signed by Judge Gregory G. Hollows on 2/28/06. 17 Pet's unopposed motion to withdraw 12 Motion to Stay and abeyance of first amd pet is granted and 12 motion to stay is vacated. 17 Pet's unopposed motion to file second amd pet and proceed only on the exhausted claim therein set forth is granted. Parties' request for oral argument to be waived on 17 unopposed motion is granted and hearing date is vacated from court's calendar. Clk is directed to docket, file, or enter as filed proposed second amd pet, exhibit A to 17 motion. See order for details. (Dotson, B)
December 18, 2007
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ORDER signed by Judge Gregory G. Hollows on 12/18/2007 ORDERING 28 Respondent's counsel is directed to appear at the aforementioned hearing and to show cause for respondent's omission and why summary judgment should not be entered for petitioner based on the wholesale default.(Reader, L)
July 18, 2008
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/17/08 ORDERING that Matthew Martel be substituted for Roseanne Campbell as respondent; and the Show Cause Order, 12/18/07 30 is DISCHARGED; and RECOMMENDING that both petitioner's motions for summary judgment, filed on 11/19/07 28, hearing held on 12/20/07, and the habeas petition be denied. Motions referred to Judge Morrison C. England, Jr. Objections due within 20 days after being served with these findings and recommendations. (Becknal, R)
August 26, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 8/26/2008 ADOPTING 33 Findings and Recommendations in full;28 Motion for Summary Judgment filed by Kenneth Wayne Rich and the 19 Petition for habeas corpus are DENIED. CASE CLOSED. (Waggoner, D)
October 8, 2008
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ORDER signed by Judge Morrison C. England, Jr on 10/07/08 ORDERING that a certificate of appealability should not issue in this action. (Streeter, J)