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07-1781 - (HC) Cooley v. Mendosa-Powers


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07-1781 - (HC) Cooley v. Mendosa-Powers
September 6, 2007
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ORDER signed by Judge Kimberly J. Mueller on 9/5/07 ORDERING that petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee. Petitioner's failure to comply with this order will result in the dismissal of this action. Clerk to send petitioner a copy of IFP form used by this district. (Attachments: # (1) IFP application)(Anderson, J)
December 12, 2007
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ORDER signed by Judge Kimberly J. Mueller on 12/12/07 ORDERING that respondent is to file response to petitioner's application within 60 days. Clerk to serve a copy of this order and copy of petitioner's application for writ of habeas corpus to Michael Farrell. (cc Michael Farrell)(Dillon, M)
March 6, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/5/08 ORDERED that petitioner's 8 request for an extension of time is GRANTED; and petitioner to file and serve an opposition to respondent's 7 motion to dismiss on or before 3/30/08. (Yin, K)
September 9, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 9/8/2008 recommending that 7 MOTION to DISMISS be granted; Petitioners claim, that he should be allowed to withdraw his 1993 plea of guilty because he was never informed that in order to obtain release he would have to be approved for release by the California Board of Prison Terms, be dismissed without prejudice to petitioner seeking permission from the Ninth Circuit Court of Appeals under 28 U.S.C. ยง 2244 to proceed with his claim; Petitioners claim that he has already served the sentence he bargained for in his 1993 plea agreement be dismissed as time-barred; and this case be closed. Objections to F&R due w/in 20 days.(Matson, R)
December 1, 2008
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ORDER signed by Judge Garland E. Burrell, Jr on 11/26/2008 ADOPTING 12 FINDINGS and RECOMMENDATIONS; and GRANTING 7 Motion to Dismiss. Petitioner's claim, that he should be allowed to withdraw his 1993 plea of guilty because he was never informed that in order to obtain release he would have to be approved for release by the California Board of Prison Terms is DISMISSED without prejudice to petitioner seeking permission from the Ninth Circuit Court of Appeals under 28 U.S.C. Section 2244 to proceed with his claim; Petitioner's claim that he has already served the sentence he bargained for in his 1993 plea agreement is DISMISSED as time-barred. This case is closed. CASE CLOSED. (Streeter, J)