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08-1218 - (HC) Harmon v. Adams et al


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08-1218 - (HC) Harmon v. Adams et al
June 16, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 6/13/08 GRANTING 2 Application to proceed IFP; Respondent to file answer within 45 days. Clerk to serve a copy of this order and copy of application for writ of habeas corpus on Michael Farrell. (cc Michael Farrell)(Dillon, M)
July 30, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 7/29/08 ORDERING that respondent's 11 application for a thirty day extension of time to and including August 30, 2008, to file the response to the petition for writ of habeas corpus, is hereby GRANTED. (Duong, D)
September 9, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 09/08/08 ORDERING that respondent's 14 application for a thirty day extension of time to and including September 29, 2008, to file respondent's answer to the petition for writ of habeas corpus, is hereby GRANTED. No further extensions will be granted. (Duong, D)
April 16, 2010
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ORDER signed by District Judge Barbara J. Rothstein on 4/16/10 ORDERING the Federal Defender is APPOINTED to represent petitioner; the Clerk of the Court is directed to serve a copy of this order and of the petition on David Porter, Asst. Federal Defender; petitioner's counsel shall contact the Clerk's Office to make arrangements to copy file; petitioner to notify the court within 90 days of this order how he intends to proceed with this action; the matter will be dismissed without prejudice if the court does not receive notification from Petitioner within the specified time. (Carlos, K)
June 10, 2010
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ORDER signed by District Judge Barbara J. Rothstein on 4/29/10 APPOINTING attorney Bruce Locke as counsel for pltf. (Carlos, K)
July 15, 2010
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ORDER signed by District Judge Barbara J. Rothstein on 7/14/2010 GRANTING 33 Motion for 45-DAY EXTENSION OF TIME UNTIL 8/31/2010 to Advise the Court of How Petitioner Intends to Proceed. (Matson, R)
October 27, 2010
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ORDER granting 39 Motion for Substitution of Counsel signed by District Judge Barbara J. Rothstein on 10/27/2010. Attorney Mark D. Eibert shall be substituted in as appointed counsel for petitioner in place of Bruce Locke. (Waggoner, D)
March 31, 2011
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ORDER signed by District Judge Barbara J. Rothstein on 3/30/2011 ORDERING 35 Petitioner has 45 days from the date of this order to file an amended and fully exhausted petition; The fully exhausted petition will be STAYED and held in ABEYANCE; Petitioner is instructed to file a status report as to the status of the state court proceedings within 90 days of the date of this order; Petitioner must file a motion for leave to amend the petition within 45 days of the final action of the state court proceedings. (Reader, L)
July 19, 2011
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ORDER signed by District Judge Barbara J. Rothstein on 07/18/11 GRANTING 50 Motion to Appoint Counsel. Mark D. Eibert is appointed to represent Petitioner Harmon in investigating and exhausting state remedies with respect to theEastman claim. CJA funding is authorized to investigate and exhaust the Eastmanclaim. Appointment will expire when the stay in this case is lifted. Petitioner to file a status report within 90 days. (Michel, G)
November 1, 2011
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ORDER signed by District Judge Barbara J. Rothstein on 10/31/11 STRIKING AS MOOT 54 Motion to Amend the Complaint; GRANTING 55 Motion to Stay, EXTENDING time to exhaust claims in state court. Petitioner must file a status report within 90 days of the date of this order notifying the court of the status of the state court proceedings. (Meuleman, A)
May 11, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/10/2012 ORDERING that petitioner's 62 request to continue the stay of the instant proceedings is GRANTED; and within 45 days from the date state court proceedings are final, petitioner shall file a motion to amend, accompanied by a proposed second amended petition. (Yin, K)
March 25, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/13 GRANTING 75 Motion to lift the stay. Respondent shall respond to petitioners motion to amend within 30 days from the date of this order. Petitioners reply shall be filed 30 days thereafter. (Dillon, M)
November 7, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/7/13 RECOMMENDING that Petitioners motion to lift the stay be granted; Petitioners motion to amend 75 be denied, and this action shall proceed on the May 16, 2011 amended petition 47; and within 30 days from any district court order adopting the instant findings and recommendations, petitioner may file a reply to respondents September 16, 2008 answer 16. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
January 14, 2014
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ORDER ADOPTING 85 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 1/10/14. Petitioner's Motion to lift the stay is GRANTED; 75 Motion to amend the petition is DENIED and this action shall proceed on the 5/16/11 47 amended petition. Petitioner may file a reply to the 9/16/08 16 answer within 30 days. The court declines to issue COA. (Manzer, C)
August 27, 2014
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s constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.'" (quoting Miller-El, 537 U.S. at 327)). Any further request for a Certificate of Appealability must be addressed to the Ninth Circuit Court of Appeals. See FED. R. APP. P. 22(b); 9TH CIR. R. 22-1. The Clerk of the Court is to enter judgment accordingly. CASE CLOSED (Becknal, R)MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 8/26/14 ORDERING the Amended Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. See 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demonstrat [e] that jurists of reason could disagree with the district court's resolution of hi