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06-1002 - (HC) Jayne v. Director of California Department of Corrections and Rehabilitation


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06-1002 - (HC) Jayne v. Director of California Department of Corrections and Rehabilitation
December 4, 2006
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 12/1/06 ORDERING that 2 Motion to Proceed IFP is GRANTED. Respondents are directed to file a response to the first claim of Petitioner's habeas petition. The Clerk to serve a copy of this order together with a copy of the petition on AG Michael Farrell. Petitioner's 5 Motion to Appoint Counsel is DENIED without prejudice. Petitioner's 4 Request for Discovery is DENIED without prejudice. IT IS HEREBY RECOMMENDED that the habeas petition be denied. Objections to F&R's due within 20 days. (cc: Michael Farrell) (Engbretson, K.)
January 26, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 11 signed by Judge Lawrence K. Karlton on 01/25/07 ORDERING that the habeas petition 1 is DENIED insofar as it alleges that the prosecution refiled charges upon which petitioner had not been held to answer at the preliminary hearing. CASE CLOSED. (Duong, D)
April 6, 2007
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ORDER signed by Judge Kimberly J. Mueller on 4/5/07 ORDERING that respondent's request for an ext of time to file an answer or motion is DENIED AS MOOT, and the motion to dismiss filed 2/7/07 is deemed timely. (Kastilahn, A)
July 13, 2007
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ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 7/12/07 ORDERING that Petitioner show cause, within twenty days, why respondent's 2/20/07 Motion to Dismiss should be granted.(Mena-Sanchez, L)
August 30, 2007
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 8/29/2007. It is hereby ORDERED that the 8/8/2007 motions for appointment of counsel, access to the law library, and immediate release are DENIED. RECOMMENDING that respondent's motion to dismiss be granted as to the Brady claim but denied as to the claim that Hughes contradicted his testimony at petitioner's preliminary hearing, and that this case be closed. Motion referred to Judge Lawrence K. Karlton. (Waggoner, D)
September 5, 2007
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ORDER signed by Judge Kimberly J. Mueller on 9/4/2007 ORDERING the 26 Findings and Recommendations are hereby VACATED; Respondent's reply to petitioner's opposition is due w/in 15 days from the date of this order; and the Clerk of the Court is directed to serve a copy of this order on petitioner,CDC # T-22594, at High Desert State Prison, P.O. Box. 3030, Susanville, California 96127. (Matson, R)
February 29, 2008
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 2/28/08 DENYING 24 Ptnr's request for law library access, for the appointment of counsel and for immediate release, 28&30 requests for an evidentiary hearing and for the appointment of counsel and 34&35 requests for an evidentiary hearing and for the writ to be heard. IT IS HEREBY RECOMMENDED Resp's 18 motion to dismiss be granted as to the Brady claim but denied as to the claim that Hughes contradicted his earlier testimony. The petition be denied insofar as Ptnr alleges that Hughes' testimony in the civil rights action contradicted his testimony at Ptnr's preliminary hearing. This case be closed. Motion referred to Judge Lawrence K. Karlton. Objections to F&Rs due within 20 days. (Engbretson, K.)
March 31, 2008
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ORDER ADOPTING 37 FINDINGS and RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 3/28/08 ORDERING that 18 Motion to Dismiss is granted as to the Brady claim but denied as to the claim that Hughes contradicted his earlier testimony; petition is DENIED; this case is closed.(Dillon, M)
May 22, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 5/22/2008 ORDERING 42 a Certificate of Appealability should not issue in this action. (Reader, L)