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06-2631 - (HC) Whittenburg v. Horel et al

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06-2631 - (HC) Whittenburg v. Horel et al
November 22, 2006
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ORDER signed by Judge John F. Moulds on 11/21/06: The actions of the remaining petitioners shall be severed from the action ofSaif'ullah and from each other. Petitioner Khalifah D. Saif'ullah shall proceed as the sole petitioner in caseNo. CIV S-06-1083 MCE PAN P. The Clerk is directed toopen a separate civil action for the remaining petitioners. The petition of each petitioner except petitioner Saif'ullah is dismissed withleave to amend. The Clerk is directed to send each petitioner a new form for filinga habeas corpus action and a new Application to Proceed In FormaPauperis By a Prisoner. Each petitioner is granted thirty days from the date of service of this order tofile an amended petition and to either pay the $5.00 filing fee for a habeas corpus action or file anapplication to proceed in forma pauperis. (Kaminski, H)
July 30, 2007
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ORDER signed by Judge Dale A. Drozd on 7/27/07 GRANTING 7 Application to proceed IFP. Respondent is dircted to file a response to 6 Petition for Writ of Habeas Corpus within 30 days from the date of this order. Clerk shall serve a copy of this order together with a copy of the amended petition for writ of habeas corpus on Michael Patrick Farrell, Senior Assistant Attorney General. (cc Michael Farrell)(Anderson, J)
December 21, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Dale A. Drozd on 12/20/07 RECOMMENDING that Resp's 12 Motion to Dismiss be granted and this action be dismissed. Motion referred to Judge Morrison C. England, Jr. Objections to F&Rs due within 20 days. (Engbretson, K.)
January 31, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 13 signed by Judge Morrison C. England, Jr on 1/30/08 ORDERING that respondent's 12 motion to dismiss the amended petition as barred by the applicable statute of limitations is GRANTED. This action is DISMISSED. CASE CLOSED(Duong, D)