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05-1921 - (HC) Alley v. Carey et al


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05-1921 - (HC) Alley v. Carey et al
September 28, 2005
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ORDER signed by Judge Craig M. Kellison on 9/26/05 DENYING 1 Petitioner's 9/22/05 Request for Appointment of Counsel without prejudice. (Caspar, M)
December 7, 2005
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ORDER signed by Judge Craig M. Kellison on 12/4/05 ORDERING respondents to file a response to 1 writ of habeas corpus filed by Richard L Alley, w/in 30 days from the date of service of this order. Petitioner's traverse or reply (if respondents file an answer to the petition), if any, or opposition or statement of non-opposition (if respondents file a motion in response to the petition) shall be filed and served w/in 30 days of service of respondents' response. The Clerk shall serve a copy of this order together with a copy of petitioner's petition for a writ of habeas corpus on Jo Graves, Senior Assistant AttorneyGeneral. (Yin, K)
April 7, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 4/6/06 recommending that: this action be stayed pending the 9th Circuit decision in Sass v. CA Board of Prison Terms; the Clerk be Directed to administratively close this case; and Resps be Directed to file and serve a status report discussing the activity in the above mentioned case w/in 120 days. Parties may file written objections w/in 10 days.(Brown, T)
April 25, 2006
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ORDER signed by Judge Craig M. Kellison on 4/25/06 ORDERING that: the 4/7/0611 Findings and Recommendations are VACATED; and resps' 9 MOTION to DISMISS stands submitted and will be addressed by separate F&R's.(Brown, T)
August 28, 2006
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ORDER signed by Judge Craig M. Kellison on 8/28/06 ORDERING that the Federal Public Defender is appointed to represent petitioner. The Clerk is directed to serve a copy of Petitioner's habeas corpus petition (Doc 1) and a copy of this order on Ann 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 9 is DENIED without prejudice. Within thirty days from the date of a decision by the USCA for the Ninth Circuit, Respondents shall file, as appropriate, either a renewed 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 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)
November 13, 2006
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ORDER signed by Judge Craig M. Kellison on 11/8/2006 ORDERING 22 MOTION to WITHDRAW as ATTORNEY is GRANTED terminating Attorney Marylou Elin Hillberg; The Federal PD is re-appointed as counsel for petitioner; W/in 60 days of the date of this order, petitioner, through his appointed counsel may file a supplemental memorandum of points and authorities; W/in 30 days after service of petitioner's supplemental memorandum in support of the petition, or w/in 30 days after expiration of the time to do so if none is filed, respondents shall file an answer; Petitioner's traverse is due w/in 30 days after service of respondents' answer; and the Clerk is further directed to serve a copy of this order by mail on Cynthia L. Compton, CJA Administrator, Office of the Federal Defender.(Matson, R) Modified on 11/13/2006 (Matson, R). (cc Cynthia Compton)
November 29, 2006
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AMENDED ORDER re 23 Order signed by Judge Craig M. Kellison on 11/28/06 ORDERING that: the 22 Motion of Marylou Hillberg, esq. to withdraw as appointed counsel for ptnr is GRANTED; re-appointment of the Federal Public Defender is not warranted; the Clerk is DIRECTED to update the docket to reflect that ptnr is proceeding pro se; the supplemental briefing schedule set forth in the court's 11/13/06, Order is VACATED; w/in 30 days after service of this order, resp shall file an answer to the petition; ptnr's pro se traverse is due w/in 30 days after service of resps' answer; and the Clerk is DIRECTED to serve a copy of this order by mail on David Porter. (Brown, T)
March 26, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 3/24/08. The parties are requested to address applicability of Hayward to the instant Petition. Within 30 days of the date of this Order, each party may file a Brief discussing effect, if any, Hayward should have on disposition of petitioners case. (Marciel, M)
May 8, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 5/8/08 ORDERING that the Clerk is directed to forward to all parties the court's "Notice of Availability of a Magistrate Judge to Exercise Jurisdiction and Appeal Instructions" along with the accompanying consent election form. The parties shall complete and file the consent election form within 30 days. (Engbretson, K.)
August 6, 2008
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FINDINGS and RECOMMENDATIONS recommending that petitioner's petition for a writ of habeas corpus be denied 1. Respondents' request for a stay pending issuance of the mandate in Hayward be denied as unnecessary 32. The Clerk of the Court be directed to enter judgment and close this file. Objections to F&R due within twenty days signed by Magistrate Judge Craig M. Kellison on 8/6/08. (Kaminski, H)
September 25, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS re 38 Findings and Recommendations signed by Senior Judge Lawrence K. Karlton on 09/25/08; the petition for a writ of habeas corpus is DENIED; the request for a stay is DENIED as unnecessary; the Clerk is directed to enter judgment and close this file. CASE CLOSED. (Manzer, C)