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05-1444 - (HC) Toliver v. Powers et al


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05-1444 - (HC) Toliver v. Powers et al
March 29, 2007
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ORDER signed by Judge Dale A. Drozd on 03/29/07: Petitioner's 1 habeas petition is DISMISSED with leave to amend within 30 days from the date of this order; the Clerk is directed to send petitioner the habeas petition form; petitioner's 02/28/07 7 request for an evidentiary hearing is DENIED.(Kirkpatrick, S)
May 9, 2007
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ORDER signed by Judge Dale A. Drozd on 05/08/07: Respondents are directed to file a response to petitioner's 04/16/07 9 amended habeas petition within 30 days from the date of this order; the Clerk shall serve a copy of this order together with a copy of petitioner's 04/16/07 amended habeas petition on Michael Farrell, Senior Assistant AG. (Kirkpatrick, S)
February 11, 2008
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ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 2/8/08. It is ORDERERED that respondent's 6/7/07 request for judicial notice is DENIED. Petitioner's 6/29/07 request for judicial notice is DENIED. The Clerk is directed to amend the docket and substitute K. Mendoza Powers for K.M. Powers, as respondent in this action. It is RECOMMENDED that 12 respondent's motion to dismiss be granted; and petitioner's appl for a writ of hc be dismissed due to his failure to exhaust his available state remedies. Motion referred to Judge England. Within 15 days after being served with these findings, any party may file written objections with the court and serve a copy on all parties. Any reply to the objections shall be served and filed within five days after service of the objections. (Kastilahn, A)
March 20, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS IN FULL 16. Respondent's June 7, 2007 motion to dismiss is granted. Petitioner's application for a writ of habeas corpus is dismissed due to his failure to exhaust his available state remedies with respect to the claims presented signed by Judge Morrison C. England, Jr on 3/20/08. CASE CLOSED.(Kaminski, H)
April 11, 2008
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ORDER signed by Judge Morrison C. England, Jr on 4/10/08 ORDERING Certificate of Appealability should not issue in this action. (Anderson, J)