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12-1023 - (HC) Maciel v. Knipp


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12-1023 - (HC) Maciel v. Knipp
May 4, 2012
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 05/03/12 granting 4 Motion to Proceed IFP. The clerk of the court shall assign a district judge to this action. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. While respondent will not be directed to file a response to the petition at this time, petitioner's motion, filed on 04/18/12 3, that he be allowed access to his legal records is granted and respondent must provide petitioner reasonable access to such records. The clerk of the court shall serve a copy of this order and the consent/reassignment form on Michael Patrick Farrell, Attorney General. Also, RECOMMENDING that petitioner's 04/18/12 request for a stay of proceedings 2 be granted. Upon the granting of a stay, should that occur, petitioner be directed to proceed to exhaust his state remedies forthwith; and petitioner be further directed to inform the court, within 30 days of a decision by the state's highest court exhausting his new claims, and to request a lift of the stay as well as to file an amended petition, setting forth all of his claims. MOTION to STAY 2 referred to Judge Morrison C. England Jr. Objections due within 14 days. (cc: Michael Farrell, Attorney General)(Plummer, M) Modified on 5/7/2012 (Plummer, M).
June 5, 2012
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[DISREGARD ENTERED IN ERROR] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/5/2012 RECOMMENDING that this action be summarily remanded to the Superior Court of California, County of Placer; Referred to Judge Morrison C. England, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L) Modified on 6/5/2012 (Reader, L).
July 16, 2012
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ORDER adopting in full 8 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 7/13/12. Petitioners 2 request for a stay of proceedings, pursuant to Kelly v. Small, is GRANTED. Petitioner is directed to proceed to exhaust his state remedies forthwith. Petitioner is further directed to inform the Court, within 30 days of a decision by the state's highest court exhausting his new claims, and to request a lift of the stay as well as to file an amended petition setting forth all of his claims. (Kastilahn, A)
October 29, 2013
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ORDER signed by Magistrate Judge Allison Claire on 10/28/13 ordering that petitioner within 30 days must inform the court as to the status of his state court petition; and show cause why the stay in this matter should not be lifted and this case proceed on the two apparently exhausted claims of his original petition. (Plummer, M)
March 21, 2014
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ORDER signed by Magistrate Judge Allison Claire on 03/20/14 ordering the show cause order at 16 has been discharged by petitioner's timely response at 17. The stay will not be lifted at this time. Petitioner is to file, every 90 days, a case status update in this matter, notwithstanding the stay of proceedings in this court. The 1st update shall be filed on or before 06/20/14. Petitioner shall inform the court within 30 days of a decision by the state's highest court exhausting his new claims, and shall at that time request a lift of the stay and file an amended petition setting forth all claims. (Plummer, M)
February 6, 2015
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ORDER signed by Magistrate Judge Allison Claire on 02/05/15 ordering petitioner is to file a case status update within 10 days of the filing of this order, after which he is to continue filing an update every ninety days. Petitioner shall inform the court within 30 days of a decision by the state's highest court exhausting his new claims, and shall at that time request a lift of the stay and filed an amended petition setting forth all of his claims. The clerk of the court is directed to administratively close this case. CASE CLOSED (Plummer, M)
June 13, 2016
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ORDER signed by Magistrate Judge Allison Claire on 06/10/16 ordering petitioner is to file a case status update within ten days of service of this order, afterwhich he is to continue filing an update every ninety days. Petitioner shall inform the court within thirty days of a decision by the states highestcourt exhausting his new claims, and shall at that time request a lift of the stay and file anamended petition setting forth all of his claims. (Plummer, M)
March 15, 2017
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ORDER signed by Magistrate Judge Allison Claire on 3/15/2017 ORDERING Respondent's response to Petitioner's petition for writ of habeas corpus be filed on or before 4/14/2017. (Reader, L)