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05-1558 - (HC) Rodriguez v. San Joaquin Superior Court, et al


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05-1558 - (HC) Rodriguez v. San Joaquin Superior Court, et al
August 5, 2005
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ORDER signed by Judge Dale A. Drozd on 08/04/05 ordering the clerk of the court is directed to open a new 2254 habeas case for petitioner naming Bill Lockyer as a respondent; the same District Judge and Magistrate Judge shall be assigned to this new case; petitioner shall be sent a notice of his new case file number. The clerk of the court shall remove documents filed by petitioner on 06/28/05, from case file CIV-S 03-29 DFL DAD P, place them in the new habeas case file, and file stampt the documents with the 06/28/05 filing date. The financial department shall correct the records to reflect that the $5.00 filing fee paid by petitioner on 06/28/05 in this case is designated as petitioner's filing fee for his new habeas case. A copy of this order shall be placed in the new case opened with respect to petitioner's habeas petition filed on 06/28/05. The new case is 2:05-cv-1558 DFL DAD HC. (Financial served a copy of this order electronically.)
April 24, 2006
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ORDER signed by Judge Dale A. Drozd on 04/21/06 ORDERING that Pursuant to Local Rule 81-190, case No. CIV S-05-1489 MCE GGH P is REASSIGNED to Judge David F. Levi and Magistrate Judge Dale A. Drozd. The caption on any documents filed in case No. CIV S-05-1489 shall be shown as No. CIV S-05-1489 DFL DAD P. The Clerk shall make appropriate adjustment in the reassignment of civil cases to compensate for this reassignment. The documents filed by petitioner on 03/28/06, and 04/7/06, in case No. CIV S-05-1489 and case No. CIV S-05-1558, together with the documents filed by petitioner on 04/13/06, in case No. CIV S-05-1489, are construed as a request for dismissal of the duplicative case, and, so construed, the request is granted. All pending motions and requests in case No. CIV S-05-1489 are DENIED without prejudice to further proceedings in case No. CIV S-05-1558, and The Clerk is directed to close case No. CIV S-05-1489(Mena-Sanchez, L)
April 27, 2006
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ORDER signed by Judge Dale A. Drozd on 4/26/2006 ORDERING: 2 Petition for Writ of Habeas Corpus and 3 Application are DENIED; Respondent is directed to file a response to petitioner's habeas petition w/in 30 days from the date of this order. If the response to petitioner's habeas petition is an answer, petitioner's reply to the answer shall be filed and served w/in 30 days after the answer is served; If the response to petitioner's habeas petition is a mtn, petitioner's opposition or statement of non-opposition to the motion shall be filed and served w/in 30 days after the mtn is served, and respondent's reply to petitioner's opposition shall be filed and served w/in 15 days after the opposition is served; and The Clerk shall serve a copy of this order together with a copy of petitioner's 6/28/2005 petition for writ of habeas corpus upon Jo Graves, Sr. Assistant Attorney General.(Matson, R)
May 8, 2006
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ORDER signed by Judge Dale A. Drozd on 05/05/06: The 05/01/06 11 Amended Petition will be DISREGARDED; the Clerk shall refund the $5.00 payment; the Clerk is directed to transmit a copy of this order to the Financial Dept of the court. (Kirkpatrick, S)
May 30, 2006
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ORDER signed by Judge Dale A. Drozd on 5/30/2006 ORDERING: 16 Request for extension of time filed by Bill Lockyer is GRANTED; Respondents are GRANTED an extension of time to and including 6/26/2006, in which to file a response to the petition for writ of habeas corpus filed by petitioner. (Matson, R)
June 23, 2006
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ORDER signed by Judge Dale A. Drozd on 6/22/2006 GRANTING 19 Application for a 30 day extension of time filed by Bill Lockyer in which to file a response to the petition for writ of habeas corpus. Respondent's time in which to file a response is now extended to 7/26/2006.(Matson, R)
August 3, 2006
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ORDER signed by Judge David F. Levi on 8/3/2006 ORDERING Petitioner's request for CERTIFICATE OF APPEALABILITY is DENIED re 15 Notice of Appeal. (Reader, L)
September 5, 2006
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ORDER signed by Judge Dale A. Drozd on 9/5/2006 ORDERING 26 Motion to appoint counsel; and 27 28 Petitions filed by Jose DeJesus Rodriguez are DENIED. (Matson, R)
September 7, 2006
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ORDER signed by Judge Dale A. Drozd on 9/6/2006 ORDERING: Petitioner shall file and serve his opposition or statement of non-opposition to respondents' 7/26/2006 motion to dismiss w/in 30 days after this order is served and respondent's reply shall be filed and served w/in 15 days after petitioner serves any opposition to the motion to dismiss.(Matson, R)
December 18, 2006
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Dale A. Drozd on 12/15/06 ORDERING that Petitioner's motion for relief from default 32 is deniedbecause no default has been entered; Petitioner's motion for relief from default 35 is deniedbecause no default has been entered; Petitioner's request for leave to file an amended petition 35 is denied, and theproposed amended petition submitted on November 28, 2006 will not be filed; The Clerk if directed to amend the docket to reflect that the pleading submittedon November 28, 2006 36, is a proposed amended petition. It is RECOMMENDED that Respondent's motion to dismiss 23 be granted. This action be dismissed with prejudice for lack of subject matter jurisdiction and as barred by the statute of limitations. Objections due within 20 days after being served with these findings and recommendations. (Duong, D)
March 8, 2007
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ORDER signed by Judge David F. Levi on 3/7/07 ADOPTING 37 FINDINGS and RECOMMENDATIONS in full; respondent's 23 Motion to Dismiss is GRANTED; and this action is DISMISSED w/ prejudice for lack of subject matter jurisdiction and as barred by the statute of limitations. CASE CLOSED.(Yin, K)
January 16, 2008
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ORDER signed by Judge James K Singleton on 1/16/08 DENYING certificate of appealability re 45 Notice of Appeal. (Becknal, R)