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12-544 - (HC) Morales v. Hedgpeth


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12-544 - (HC) Morales v. Hedgpeth
February 29, 2012
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ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 2/28/2012. (Attachments: # (1) Certificate of Service)(beS, COURT STAFF) (Filed on 2/29/2012) [Transferred from cand on 3/1/2012.]
June 20, 2012
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 6/20/2012 ORDERING that within fourteen days of the date of this order, petitioner shall file his opposition to respondent's 5/7/2012 motion to dismiss and show cause for his failure to file an opposition; failure to respond to this order will be deemed a waiver of opposition. (Zignago, K.)
July 20, 2012
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[VACATED PURSUANT TO 18 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/19/12 RECOMMENDING that 13 Motion to Dismiss be granted. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days. (Dillon, M) Modified on 10/31/2012 (Yin, K).
October 31, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/30/2012 ORDERING that the 13 motion to dismiss and the 16 findings and recommendations are VACATED; within 30 days, respondent shall file a response to the 8/22/12 amended petition. (Yin, K)
January 9, 2013
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[DISCHARGED pursuant to 23 Order] ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 1/08/13 ordering that petitioner show cause within 30 days, why his failure to oppose respondents' 11/30/12 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition. (Plummer, M) Modified on 3/5/2013 (Dillon, M).
March 5, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/13 ORDERING that the order to show cause 21 is discharged; Petitioner is granted 21 days from the date of this order to file his opposition to respondents motion to dismiss; respondents may file a reply within fourteen days thereafter.(Dillon, M)
May 23, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/13 ORDERING that respondents motion to dismiss is deemed submitted for decision.(Dillon, M)
June 17, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/17/13 ORDERING that respondent's motion to file an untimely reply 28 is granted. Also, RECOMMENDING that respondent's motion to dismiss 19 be granted. MOTION to DISMISS 19 referred to Judge Lawrence K. Karlton. Objections due within 21 days. (Plummer, M)
September 27, 2013
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ORDER ADOPTING 31 FINDINGS and RECOMMENDATIONS, in part, signed by Judge Lawrence K. Karlton on 9/26/2013. Respondent's 19 Motion to Dismiss is GRANTED as to 3 new claims raised in 17 Amended Petition without prejudice to petitioner's right to seek reconsideration as set for in this Order. Respondent's 19 Motion to Dismiss is DENIED as to claim raised in original 1 Petition. This matter is REFERRED to Office of Federal Defender for purpose of determining whether evidence exists to support claim of actual innocence and is STAYED for period of 90 days pending completion of said review. [cc: Federal Defender - Sacramento] (Marciel, M)
January 8, 2014
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ORDER signed by Judge Lawrence K. Karlton on 1/8/14 ORDERING that the Office of the Federal Defender is appointed to represent Petitioner Oscar Morales in this case. Petitioner shall file an amended petition concerning actual innocence, a memorandum of points and authorities in support of the petition, or a further status report on or before March 28, 2014. (Kastilahn, A)
January 9, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/9/14 ORDERING that 32 Motion for Certificate of Appealability is DISREGARDED. (Dillon, M)
March 3, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 02/28/14 ordering that Heather E. Williams, Federal Public Defender, is appointed effective 02/26/14; appointed counsel shall retain the signed financial affidavit supporting appointment. (Plummer, M)
August 27, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/27/14 ordering that within 5 days of the date of this order, petitioner shall inform the court whether he opposes respondent's third request for extension of time to file his opposition to petitioner's motion for an evidentiary hearing. (Plummer, M)
August 28, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2014 GRANTING respondent's 53 motion for an extension of time; respondent's response is due on or before 9/24/20014, and petitioner may file a reply brief on or before 10/8/2014; and the 9/18/2014 hearing set for petitioner's motion for evidentiary hearing is VACATED and RESET to 10/23/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Yin, K)
October 14, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/14/2014 GRANTING petitioner's 63 request to continue the hearing on his motion for evidentiary hearing; the 10/23/2014 hearing is VACATED and RESET for 11/20/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.; petitioner may file a reply brief on or before 11/13/2014. (Yin, K)
December 17, 2014
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/17/14 ORDERING that petitioner's motion for 1 day extension of time to file his reply brief 66 is granted. Also, RECOMMENDING that petitioner's motions for an evidentiary hearing 45 and witness immunity 46 be denied. Motions 45 and 46 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
May 1, 2015
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ORDER adopting 69 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 4/30/15 : Petitioner's motions for an evidentiary hearing (ECF No. 45) and witness immunity (ECF No. 46) are denied. (Kaminski, H)
July 1, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/30/16 recommending that petitioner's claim alleging evidentiary error be denied. The clerk of the court be directed to enter judgment. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
July 13, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/13/2016 GRANTING 89 Motion for Extension. Objections to F&R due by 7/22/2016.(Streeter, J)