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10-264 - (HC) Chatman v. Evans


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10-264 - (HC) Chatman v. Evans
January 29, 2010
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ORDER TRANSFERRING CASE to the Eastern District of California.. Signed by Judge Charles R. Breyer on 1/29/2010. (Attachments: # (1) Certificate of Service)(be, COURT STAFF) (Filed on 1/29/2010) [Transferred from cand on 2/2/2010.]
January 12, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 01/11/11 recommending that respondent's motion to dismiss 12 be granted. Motion to Dismiss 12 referred to Judge Frank C. Damrell. Objections due within 21 days. (Plummer, M)
February 9, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/2011 ORDERING that ptnr's 21 motion to amend and motion for a stay are DENIED. (Yin, K)
March 10, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/11 DENYING 31 Request for Judicial Notice. (Dillon, M)
April 4, 2011
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ORDER signed by District Judge Kimberly J. Mueller on 4/1/11 ORDERING the court declines to adopt the findings and recommendations and refers the case back to the Magistrate Judge for consideration of the impact of this new material on the findings and recommendations.(Matson, R)
September 14, 2011
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/14/2011. Petitioner's 35 Motion to Amend and Stay is DENIED without prejudice. Court is RECOMMENDING that respondent's 12 Motion to Dismiss for untimeliness be granted and this action be closed. These F/Rs are submitted District Judge Kimberly J. Mueller. Objections to F/Rs are due within 14 days after being served. (Marciel, M)
December 12, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/11/14 ordering that within 30 days of the date of this order, petitioner shall notify the court how he wishes to proceed in this action as set forth above. (Plummer, M)
January 12, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/12/15 ordering this court's 12/12/14 order is hereby vacated. (Plummer, M)
March 16, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/12/15 ordering that attorney John Balazs is substituted in as attorney of record for plaintiff Larry Chatman. (Plummer, M)
March 16, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/13/15 denying 58 Motion to Amend and stay without prejudice to renewal. (Plummer, M)
October 15, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/15/15 RECOMMENDING that petitioners motion to amend (ECF No. 65) be GRANTED; Petitioners motion to stay this action pending exhaustion of state remedies as to new claims in the second amended petition (ECF No. 66) be GRANTED; Petitioner be directed to file a request to lift the stay within 30 days of a decision by the California Supreme Court concluding state habeas review; and the Clerk be directed to administratively close this case for purposes of case status pending exhaustion. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
February 3, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 2/3/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/15/15 69 are ADOPTED in part; Petitioner's MOTION to AMEND 65 is GRANTED; Petitioner's MOTION to STAY this action pending exhaustion of state remedies as to new claims in the second amended petition ECF No. 66 is DENIED as moot; and This matter is referred back to the assigned magistrate judge for further proceedings.(Mena-Sanchez, L)
October 6, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/06/16 ordering that respondents Exhibit 14 be filed under seal. (Plummer, M)
January 20, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/20/17 GRANTING 89 Motion for Extension of time. Petitioner may file a Reply to respondent's Answer on or before January 31, 2017.(Dillon, M)
March 1, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/1/2018 ORDERING that within 30 days petitioner shall file an affidavit addressing: 1) whether he had any access to legal assistance during the 40 day appeal window; and, 2) whether petitioner received sufficient notice of the denial of his direct appeal by the California Court of Appeal from his appellate counsel in order to timely file a pro se petition for review. Any request for an extension of time is highly disfavored. The parties are advised that Findings and Recommendations will issue immediately after the court's receipt of petitioner's affidavit. No additional briefing schedule will be set by the court. (Zignago, K.)
April 2, 2018
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/2/2018: It is recommended that petitioner's second amended application for a writ of habeas corpus be granted with respect to the IAC claim. These findings and recommendations are submitted to the assigned District Judge; however, the undersigned will not set a briefing schedule for objections at this time. Instead, the court has scheduled a settlement conference in this matter by separate order filed concurrently herewith.Thus, it is further ordered that the objection period is stayed pending further order of the court. (Owen, K)
April 2, 2018
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ORDER SETTING SETTLEMENT CONFERENCE signed by Magistrate Judge Carolyn K. Delaney on 4/2/2018: A Settlement Conference is set for 4/19/2018 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Counsel shall file a notice with the court describing petitioners preference for settlement participation no later than April 6, 2018. Parties are directed to submit confidential settlement statements no later than April 16, 2018 to [email protected] (cc: AC) (Owen, K)
April 11, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 4/11/18 ORDERING the Custodian to produce Larry A. Chatman by video conference on 4/19/18 at 9:00 a.m. in courtroom #26 before Magistrate Judge Allison Claire. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian. (cc: AC & I.T. Dept, Sacramento)(3 certified copies sent to the Warden, FSP. Courtesy copy sent by fax to FSP litigation coordinator at 916-351-3086) (Plummer, M) Modified on 4/11/2018 (Plummer, M).
April 20, 2018
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 04/19/18 ORDERING the Custodian to produce Larry Chatman by video conference on 5/04/18 at 10:00 a.m. in courtroom 26 before Magistrate Judge Allison Claire. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: AC & I.T. Dept. Sacramento)(3 certified copies of writ served on the Warden, Folsom State Prison) (Plummer, M) Modified on 4/20/2018 (Plummer, M).
May 2, 2018
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 05/01/18 ORDERING the Custodian to produce Larry A. Chatman by video conference on 08/07/18 at 10:00 a.m. in courtroom 26 before Magistrate Judge Allison Claire. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento)(3 certified copies served on the Warden, Folsom State Prison)(Plummer, M) Modified on 5/2/2018 (Plummer, M).