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11-3147 - (HC) Bucci v. Busby


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11-3147 - (HC) Bucci v. Busby
December 7, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/06/11 ordering within 21 days of the date of this order, petitioner shall file and notice for hearing the motion to stay discussed in the petition. The clerk of the court shall serve a copy of this order and a copy of the petition for writ of habeas corpus on Michael Patrick Farrell, Attorney General. (cc: Michael Farrell, Attorney General)(Plummer, M)
January 12, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 01/11/12 ordering within 5 days of the date of this order, petitioner shall serve his motion filed 01/09/12 on Michael Patrick Farrell, Senior Assistant Attorney General and file proof of service. The clerk of the court shall serve a copy of this order on Michael Patrick Farrell, Senior Assistant Attorney General. (cc: Michael Farrell, Attorney General) (Plummer, M)
March 13, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/12/2012 RECOMMENDING that petitioner's #10 motion to stay be granted and this action be administratively closed; Petitioner's motion to stay claim four pursuant to Rhines be granted; petitioner's motion to stay claims three, five, six, seven and eight pursuant to Rhines be denied; Petitioner's motion to stay claims three, five, six, seven and eight pursuant to Kelly be granted; these claims should be stricken from the petition. Referred to Judge Garland E. Burrell, Jr.; Objections due within 20 days after being served with these F & R's. (Reader, L)
February 20, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 02/20/14 granting 19 Motion to lift the stay. The hearing set regarding the motion for 02/27/14 before the undersigned is vacated. The motion by counsel to appear at the hearing telephonically 21 is denied as unnecessary. Pursuant to the stipulation of the parties, respondent is granted 90 days to file a motion to dismiss on procedural grounds; if respondent files such a motion, petitioner's opposition is due 30 days thereafter, respondent's reply is due 15 days thereafter, and after reviewing the pleadings the court will set a hearing on the motion to dismiss if appropriate. Petitioner's motion to file the amended petition is deferred pending resolution of the motion to dismiss. (Plummer, M)
August 27, 2014
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cedurally barred; respondent's motion to dismiss claim 7 be denied without prejudice; follwing adoption of these findings and recommendations, petitioner be ordered to file a second amended petition raising claims 1,2 and 4 only. MOTION to DISMISS 27 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M) Modified on 8/28/2014 (Plummer, M).FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/26/14 recommending that respondent's motion to dismiss 27 be granted as to claims 3,5,6 and 8 on grounds that they are barred by the statute of limitations and pro
October 30, 2014
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ORDER signed by Judge Garland E. Burrell, Jr on 10/30/2014 ADOPTING 30 Findings and Recommendations in Full. The 27 Motion to Dismiss is GRANTED as to Claims 3, 5, 6, and 8 on the grounds that they are barred by the statute of limitations on procedurally barred; respondent's motion to dismiss claim 7 is denied without prejudice. Petitioner shall file a second amended petition raising claims 1, 2 and 4 only within 30 days from the date of this order. (Donati, J)
September 24, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/23/2015 RECOMMENDING that petitioner's 32 application for a writ of habeas corpus be denied. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
January 22, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/21/2016 DENYING without prejudice petitioner's 42 motion to proceed IFP on appeal. (cc: Ninth Circuit)(Yin, K)
March 15, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/15/16 granting 47 Motion to Proceed IFP. (cc: USCA, 9th circuit) (Plummer, M)