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07-045 - (HC) Cruz v. Horels, et. al.


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07-045 - (HC) Cruz v. Horels, et. al.
April 9, 2007
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/9/07. Petitioner's 2 Application to Proceed IFP is GRANTED. Respondents directed to file a Response to Habeas Petition w/in 60 from date of Order. If Response is an Answer, petitioner's Reply, if any, shall be filed and served w/in 30 days after service of Answer. If Response is a Motion, petitioner's Opposition or Statement of Non-Opposition shall be filed and served w/in 30 days after service of Motion. Clerk shall serve a copy of Order together with copy Petition for Writ of Habeas Corpus on Michael Patrick Farrell, Senior Assistant Attorney General. (Marciel, M)
November 1, 2007
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ORDER signed by Judge Kimberly J. Mueller on 11/1/07 ORDERING that Ptnr file an opposition to Resps' motion to dismiss 7 within 30 days. (Engbretson, K.)
December 17, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 12/17/07 RECOMMENDING that 7 respondent's motion to dismiss be granted; and this action be dismissed without prejudice to petitioner filing another action under 28 USC 2254. Motion referred to Judge Shubb. Within 20 days after being served with these findings, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
February 28, 2008
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ORDER signed by Judge William B. Shubb on 2/26/08 ADOPTING 13 FINDINGS and RECOMMENDATIONS in full; respondents' 7 motion to dismiss is GRANTED; and this action is DISMISSED w/out prejudice to petitioner filing another actionunder 28 U.S.C. ยง 2254 w/ respect to the convictions at issue in this action once direct review is complete. CASE CLOSED. (Yin, K)