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06-2873 - (HC) Young v. Kernan


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06-2873 - (HC) Young v. Kernan
January 17, 2007
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ORDER signed by Judge Edmund F. Brennan on 01/17/07 ORDERING that the petition for writ of habeas corpus is DISMISSED with leave to file an amended petition within 30 days; the Clerk is to send petitioner new form for habeas corpus application; petitioner's 12/21/06 request for appointment of counsel is DENIED without prejudice. (Manzer, C)
February 22, 2007
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ORDER signed by Judge Edmund F. Brennan on 2/22/07: Petitioner's February 6, 2007, application is granted and petitioner has 30 days from the date this order is served to file an amended petition for writ of habeas corpus 5. (Kaminski, H)
April 10, 2007
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ORDER signed by Judge Edmund F. Brennan on 04/10/07 ORDERING that petitioner's March 6, 2007 request for an extension of time 7 in which to file anamended petition is GRANTED. Petitioner's amended petition 9 is deemed timely filed. Petitioner's request for appointment of counsel 8 is DENIED without prejudice to a renewal of the motion at a later stage of the proceedings. (Duong, D)
November 5, 2007
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ORDER signed by Judge Edmund F. Brennan on 11/5/07 ORDERING that Respondent shall file and serve either an answer or a motion in response to petitioner's amended application within 60 days from the date of this order. Petitioner's reply, if any, shall be filed and served within 30 days of service of an answer. The Clerk shall serve a copy of this order together with a copy of petitioner's 3/20/07, petition for a writ of habeas corpus with any and all attachments on Michael Patrick Farrell, Senior Assistant Attorney General for the State of California.(Mena-Sanchez, L)
March 6, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/6/08 ORDERING that Petitioner's 1/15/08, Request for extension of time 14 is GRANTED, and Petitioner has 60 days from the date this order is served to file and serve his opposition. (Mena-Sanchez, L)
April 29, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/08 ORDERING petitioner's 4/21/08 request for extension of time 17 is GRANTED and petitioner has an additional 30 days from the date of this order is served to file and serve an opposition to the motion to dismiss. (Carlos, K)
August 26, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/26/2008 recommending that 13 MOTION to DISMISS filed by Scott Kernan be granted; and that this action be dismissed on the ground that the petition is second or successive and petitioner has not demonstrated that the Ninth Circuit has granted him leave to file it in this court. Motion referred to Judge William B. Shubb. Objections may be filed w/i 14 days after these findings and recommendations are served. (Waggoner, D)
September 25, 2008
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ORDER signed by Judge William B. Shubb on 9/24/08 ORDERING the Findings and Recommendations 20 are ADOPTED IN FULL; respondents' motion to dismiss 13 is GRANTED; this action is DISMISSED on the ground that the petition is second or successive and petitioner has not demonstrated that the Ninth Circuit has granted him leave to file it in this court. CASE CLOSED. (Carlos, K)