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05-1485 - (HC) Withers v. Finn


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05-1485 - (HC) Withers v. Finn
December 7, 2005
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ORDER signed by Judge Craig M. Kellison on 12/4/05 ORDERING writ of habeas corpus is DISMISSED w/ leave to amend. The clerk to send petitioner the habeas corpus application. Petitioner to file an amended petition which names the proper respondent and states all claims and requests for relief, w/in 30 days of the date of this order.(Yin, K) Modified on 12/9/2005 (Yin, K).
April 3, 2006
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ORDER signed by Judge Craig M. Kellison on 4/3/06 ORDERING that: the Clerk is DIRECTED to update the court's docket to reflect the termination of BPT and Margarita Perez as resps AND the addition of Claude Finn as the sole resp; Resp is DIRECTED to file a reponse to ptnr's 7 Amended Petition w/in 30 days; Ptnr's traverse shall be filed and served w/in 30 days thereafter; Clerk to serve copy of ptnr's petition on Jo Graves, Senior Assistant A.G. (cc: Jo Graves) (Brown, T)
August 28, 2006
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ORDER signed by Judge Craig M. Kellison on 8/28/06. The Federal Defender is appointed to represent petitioner. The Clerk is directed to serve a copy of Petitioner's amended habeas corpus petition (Doc 7) and a copy of this order on Ann Catherine McClintock, Assistant Federal Public Defender. Petitioner's counsel shall contact the Clerk's Office to make arrangements for copies of other documents in the file. Respondents' Motion to Dismiss 12 is DENIED with prejudice. Within thirty days from the date of a decision by the US Court of Appeals for the Ninth Circuit, respondents shall file, as appropriate, either a renewal motion to dismiss or an answer to the petition. Within 60 days of the date of service of this order, the parties are directed to file separate reports on the status of this case. (Mena-Sanchez, L)
September 7, 2006
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ORDER signed by Judge Craig M. Kellison on 9/5/06 ORDERING that: the parties are relieved of the obligation to file status reports; resps are relieved of the obligation to file an answer w/in 30 days of the 9th Circuit's decision in Sass; w/in 30 days of the date of this order, ptnr, through appointed counsel, may file a supplemental memorandum of points and authorities addressing the merits of the claims raised in this petition; resps shall file an answer w/in 30 days after service of ptnr's supplemental memorandum in support of the petition, or w/in 30 days after the expiration of the time to do so if none is filed; and ptnr's traverse is due w/in 30 days after service of resps' answer. (Brown, T)
September 26, 2006
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ORDER signed by Judge Craig M. Kellison on 9/25/2006 GRANTING 17 Substitution of Attorney filed by Claude Withers. Attorney Keith Allen Wattley for Claude Withers added and Attorney Ann Catherine McClintock terminated. (Matson, R)
October 19, 2006
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ORDER signed by Judge Craig M. Kellison on 10/18/2006 GRANTING 19 MOTION for EXTENSION To File Supplemental Points and Authorities by Claude Withers; Petitioner has up to and including 11/17/2006 in which to file said documents. (Matson, R)
September 18, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 9/17/07 recommending that petitioner's 1 Petition for Writ of Habeas Corpus be denied. Referred to Judge Frank C. Damrell. Objections to F&R due within 20 days. (Anderson, J)
November 5, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 26 in full signed by Judge Frank C. Damrell, Jr., on 11/05/07: the petition for writ of habeas corpus is denied; and the Court is directed to enter judgment and close this file. CASE CLOSED (Becknal, R)
January 8, 2008
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ORDER signed by Judge Frank C. Damrell Jr. on 1/7/2008 DENYING 31 Motion for Certificate of Appealability filed by Claude Withers. (Matson, R)