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06-1766 - (HC) Aleo v. Lockyer et al


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06-1766 - (HC) Aleo v. Lockyer et al
August 10, 2006
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ORDER signed by Judge Gregory G. Hollows on 8/9/06 ORDERING that the claims of pltfs Aleo, Blocker, Braman, Calderon, Harmon, Loresch, Messenger, and Watts are severed from the claims of pltf Schermerhorn; Clerk to open 8 separate actions using the same complaint for these pltfs; pltf Schermerhorn shall proceed as the sole pltf in CIV S-06-1029 DFL GGH P; Each pltf's complaint is DISMISSED; Clerk to send each pltf a new form for filing acivil rights action and an IFP to be completed and returned w/in 30 days (Caspar, M)
August 10, 2006
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 8/9/06 ORDERING that the Clerk is directed to file a copy of this order in the 8 new actions opened for each plaintiff; recommending that plaintiff's 5/31/06 3 and 6/6/06 4 motions to stay be denied. Objections to F&R due within 20 days. (Caspar, M)
March 21, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 14 in full, signed by Judge David F. Levi on 3/19/2007. DENYING 4 Motion to Stay by Frank J. Aleo. (Reader, L)
March 28, 2007
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ORDER signed by Judge Gregory G. Hollows on 3/28/07 ORDERING that this action is construed as a petition for writ of habeas corpus. Within 20 days of the date of this order, the plaintiff shall file a habeas corpus petition. The clerk is directed to send plaintiff the form for a habeas corpus petition. (Donati, J)
April 27, 2007
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ORDER signed by Judge Gregory G. Hollows on 4/27/07 GRANTING 19 Motion for Extension of Time. Petitioner is GRANTED 30 days from the date of this order in which to file a petition for writ of habeas corpus. (Donati, J)
June 27, 2007
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ORDER signed by Judge Gregory G. Hollows on 6/27/07 ORDERING that 21 Application filed by Frank J. Aleo is GRANTED. Within twenty days of this order, petitioner shall show cause why this action should not be dismissed for his failure to exhaust state court remedies. (Anderson, J)
August 3, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 8/3/07 RECOMMENDING that petitioner's application for a writ of hc be dismissed for failure to exhaust state remedies. Case referred to Judge Beistline. Within 20 days afer being served with these findings, petitioner may file written objections with the court. (Kastilahn, A)
December 12, 2007
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ORDER signed by Judge James K Singleton on 12/11/07 ADOPTING 26 FINDINGS and RECOMMENDATIONS. Petitioner's 21 application for a writ of habeas corpus is DISMISSED, without prejudice. CASE CLOSED. (Anderson, J)
January 8, 2008
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CERTIFICATE OF APPEALABILITY issued re 31 Notice of Appeal signed by Judge James K Singleton on 1/7/08 ORDERING that petitioner is entitled to a Certificate of Appealability on the following issue: Did counsel for Respondents expressly waive the exhaustion requirement by removing the original 1983 action from the state court to the federal court. (cc: 9th Circuit).(Duong, D)