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11-2204 - (HC) Sanchez v. Knipp


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11-2204 - (HC) Sanchez v. Knipp
December 6, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/6/2011 ORDERING that the 12/14/11 hearing is VACATED; and within 21 days, petitioner shall SHOW CAUSE why he should not be sanctioned for failing to comply with Local Rule 230(c), and file an opposition or statement of non-opposition to respondents' motion to dismiss. Failure to comply with this order may result in the dismissal of this case. (Yin, K)
August 3, 2012
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/3/2012, ORDERING that the 12/6/11, order to show cause is DISCHARGED; and the clerk to randomly assign this case to a US District Judge; and RECOMMENDING that respondent's 8 motion to dismiss be granted in part and claims two, three, five, six, seven, and eight be dismissed without prejudice; petitioner's 12 motion for stay be granted in that the unexhausted claims in the original petition (claims two, three, five, six, seven, and eight) be stricken pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002) and King v. Ryan, 564 F.3d 1133 (9th Cir. 2009), and the instant action, with only claims one and four remaining, be administratively stayed pursuant to Kelly and King; petitioner be directed to file a state habeas petition containing his unexhausted claims within 30 days; and petitioner be directed to file a motion to lift the stay within 30 days of the California Supreme Court issuing a final order resolving petitioner's unexhausted claims. Assigned and Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
October 10, 2012
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ORDER signed by Judge John A. Mendez on 10/10/2012 ORDERING that the 16 findings and recommendations are ADOPTED in full. Respondents' 8 motion to dismiss is GRANTED IN PART, and claims two, three, five, six, seven, and eight are DISMISSED without prejudice. Petitioner's 12 motion for stay is GRANTED in that the unexhausted claims in the original petition (claims two, three, five, six, seven, and eight) are STRICKEN pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002) and King v. Ryan, 564 F.3d 1133 (9th Cir. 2009), and the instant action, with only claims one and four remaining, is administratively stayed pursuant to Kelly and King. Petitioner is directed to file a state habeas petition containing his unexhausted claims within 30 days. Petitioner is directed to file a motion to lift the stay within 30 days of the California Supreme Court issuing a final order resolving petitioner's unexhausted claims. (Zignago, K.)
January 30, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/29/14 ORDERING that Petitioner shall, within 30 days of the date of this order, file a status report discussing the status of the state court proceedings, and further proceedings in this action. (Dillon, M)
March 6, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/05/14 recommending that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)