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09-1889 - (HC) McPhearson v. Ives et al


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09-1889 - (HC) McPhearson v. Ives et al
July 16, 2009
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/16/09 DIRECTING RESPONDENT to file a response to the petition w/in 60 days; traverse due w/in 30 days of answer; an opposition or statement of non-opposition due w/in 30 days of motion to dismiss; and the clerk to serve copies of this order along w/ the petition for writ of habeas corpus on Mark J. McKeon. (Yin, K)
January 29, 2010
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[DISCHARGED PURSUANT TO 19 ORDER] ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 01/28/10 ordering that within 20 days of the date of this order petitioner shall file and serve an opposition or a statement of no opposition to respondent's motion to stay this action and shall show cause in writing why sanctions should not be imposed for the failure to file a timely response. In the alternative, if petitioner no longer wishes to proceed with this matter, he should file a request to dismiss this action.(Plummer, M) Modified on 3/3/2010 (Yin, K).
March 3, 2010
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 3/3/2010 ORDERING that the 1/29/2010 order to show cause is DISCHARGED; and RECOMMENDING that respondent's 15 motion to stay be granted; this action be stayed and the clerk be directed to administratively close the case; and respondent be ordered to file and serve a status report in the case on the first court day of each month and to file a motion to lift the stay w/in 30 days after the Northern District of Texas issues an order resolving petitioner's pending motions. Referred to Judge John A. Mendez; Objections to F&R due w/in 21 days. (Yin, K)
January 20, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/20/2011 ORDERING that w/in 10 days respondent to file and serve a response to ptnr's 30 status report and, if appropriate, a motion to lift the stay of this action. (Yin, K)
February 23, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/22/12 recommending that Petitioner's 12/05/11 motion to lift the stay of this action be granted. Respondent be directed to file an answer to the petition within 30 days from the date of any order by the district court adopting these findings and recommendations and to include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the petition. Petitioner's traverse, if any, be due on or before 30 days from the date respondent's answer is filed. MOTION to lift stay 34 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
May 4, 2012
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ORDER signed by Judge John A. Mendez on 5/4/2012 ADOPTING 35 Findings and Recommendations in full; GRANTING 34 Motion to Lift the Stay; DIRECTING Respondent to file an Answer to the 1 Petition for Writ of Habeas Corpus within 30 days. Petitioner's Traverse due 30 days after the Respondent's Answer is filed. (Michel, G)
May 29, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/25/2012 ORDERING that, within 21 days, respondent shall file and serve a response to petitioner's 42 motion to expand the record; petitioner's reply, if any, due no later than 14 days thereafter. (Yin, K)
June 29, 2012
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ideration 48 is denied. (Plummer, M)ORDER signed by Magistrate Judge Dale A. Drozd on 06/28/12 granting 42 to expand the record. The record in this action is expanded to include the documents appended to petitioner's 04/17/12 motion. Petitioner's 06/13/12 motion for recons
December 13, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/12/12 ordering the Federal Defender is appointed to represent petitioner. The clerk of the court is directed to serve a copy of the petition 1, respondent's motion to dismiss 51, petitioner's opposition to the motion to dismiss 57 and respondent's reply 58 together with a copy of this order on David Porter, Assistant Federal Defender. ( Status Conference set for 1/18/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Plummer, M)
January 9, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/8/13 ORDERING that John Balazs, Attorney at Law, shall be substituted in as appointed counsel for Petitioner in place of the Office of the Federal Defender for the Eastern District of California. (Dillon, M)
January 25, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/24/2013 ORDERING that respondents' request to amend the pending motion to dismiss is GRANTED; respondents' 51 motion to dismiss is DENIED without prejudice; respondents have until 3/8/2013 to file and serve either an answer to the petition or an amended motion to dismiss; petitioner's response due on or before 4/12/2013; all parties may incorporate by reference into the foregoing briefing any document already filed in this action; and this matter is SET for hearing on 5/3/2013 at 10:00 AM before Magistrate Judge Dale A. Drozd. (Yin, K)
March 8, 2013
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 03/06/13 ordering respondents shall file and serve either an answer to the petition or an amended motion to dismiss on or before 03/15/13. The remainder of the court's 1/24/13 order 65 shall remain in effect. (Plummer, M)
May 8, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 05/07/13 ordering respondent's 03/15/13 motion to dismiss 68 is denied. This action is stayed for 6 months. ( Status Conference set for 11/1/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.)(Plummer, M)
June 19, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 06/18/13 ordering ( Status Conference advanced to 6/28/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Plummer, M)
July 2, 2013
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inski, H) Modified on 7/3/2013 (Plummer, M).ORDER signed by Judge John A. Mendez on 7/2/13: Clerk of the Court shall reassign this case to the Honorable Dale A. Drozd. HENCEFORTH, THE CAPTION ON DOCUMENTS FILED IN THE REASSIGNED CASE SHALL BE SHOWN AS No. 2:09-cv-1889 DAD P. (cc: JAM) (Kam
September 17, 2013
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 9/16/2013 ORDERING 83 Evidentiary Hearing Reset for 11/18/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Reader, L)
October 10, 2013
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 10/9/13 ORDERING the Custodian to produce Pedro McPhearson at 10:00 am on November 18th, 2013 in Courtroom 27 before Judge Dale A. Drozd. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order on the United States Marshal. (cc: USM, hard copy routed to USM, Three certified copies sent to Warden at Taft)(Dillon, M) Modified on 11/18/2013 (Streeter, J).
October 31, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/30/2013 ORDERING that the 11/18/2013 evidentiary hearing is VACATED; a status conference is scheduled for 11/18/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd; and the writ of habeas corpus ad testificandum, issued 10/10/13, REMAINS IN EFFECT. (Yin, K)
November 19, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/18/13 ORDERING that a further status conference will be held in this matter on December 9, 2013, at 10:00 a.m. in Courtroom #27.(Dillon, M)
January 28, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/27/14 ordering petitioner's request to subpoena witnesses is denied. The initial phase of the evidentiary hearing in this action will be limited to petitioner's own testimony. The court would prefer to take that testimony by videoconferencing, if possible, and counsel are directed to consult with officials at petitioner's institution of confinement and with court personnel to determine if videoconferencing is available and advise the court whether a writ should be issued calling for petitioner's appearance by videoconference or appearance in person. Following petitioner's testimony, if necessary respondent will be permitted to present witnesses at a subsequent time. (Plummer, M)
March 18, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 03/17/14 ordering this matter now stand submitted to the court for decision. (Plummer, M)
May 6, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/6/2014 DENYING petitioner's application for a writ of habeas corpus; petitioner's request for the award of time credits against his sentence is found to have been rendered moot by the award of the time credits sought. CASE CLOSED. (Yin, K)