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12-1358 - (TEMP)(HC) Torres v. Virga


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12-1358 - (TEMP)(HC) Torres v. Virga
August 2, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 8/2/2012, DENYING petitioner's 13 motion for the appointment of counsel. (Yin, K)
September 3, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/30/13 ordering the Office of the Federal Defender is appointed to represent petitioner. The clerk of the court shall serve a copy of this order and a copy of the petition on David Porter, Assistant Federal Defender. ( Status Conference set for 9/27/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd for the purposes of setting a schedule for the filing of the requested further briefing.)(cc: David Porter, Federal Defender) (Plummer, M)
September 24, 2013
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 9/24/2013 and agreed between the parties to CONTINUE the 9/27/2013 status conference to 10/11/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Yin, K) Modified on 9/25/2013 (Yin, K).
October 10, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/10/2013 ORDERING the status conference currently scheduled for 10/11/2013 is VACATED; petitioner shall file his traverse, or appropriate motion, and supplemental briefing, as outlined in this order, on or before 1/24/2014; respondent shall file a responsive brief on or before 2/24/2014; and petitioner shall file any reply brief on or before 3/10/2014. (Waggoner, D)
January 28, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 01/27/14 ordering petitioner shall file his supplemental briefing, as outlined above, on or before 04/24/12. Respondent shall file a responsive brief on or before 05/27/14. Petitioner shall file any reply brief on or before 6/10/14. Petitioner may serve a subpoena duces tecum commanding attorney Douglas A. Goss to produce and permit inspection and copying of his files relating to the defense of petitioner in San Joaquin County Superior Court in case No. SF103743B. (Plummer, M)
May 20, 2014
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the stay is lifted, the parties shall file a proposed schedule for filing of traverse and any further briefing addressing the applicability of the decisions in Miller v. Alabama to this case. (Yin, K)before the 60 day period of the stay expires, petitioner's counsel shall notify the court and opposing counsel of the then-current status of the petitions pending before the U.S. Supreme Court that were discussed at the motion hearing; and afterORDER signed by Magistrate Judge Dale A. Drozd on 5/19/2014 STAYING this action for 60 days; petitioner's counsel shall keep the court apprised of any legal developements that would justify a lifting of the stay; if the stay has not been lifted
August 13, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/12/14 ordering this action is stayed for an additional 60 days from the date of this order. During the 60 days period of the stay, petitioner's counsel shall keep the court apprised of any legal developments that would justify a lifting of the stay. In addition, if the stay has not been lifted before the 60 days period of the stay expires, petitioner's counsel shall notify the court and opposing counsel of the then-current status of the petitione for certiorari filed in DeMola v. Cavazos, Acting Warden, 13-10288. After the stay is lifted, the parties shall file a proposed schedule for the filing of a traverse and further briefing on the applicability of the decisions in Miller v. Alabama and Bell v. Uribe to this case. (Plummer, M)
October 20, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/17/14 ordering this action is stayed for 60 days from the date of this order. (See order for further details)(Plummer, M)
January 14, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/13/15 ordering ( Status Conference set for 2/13/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Plummer, M)
February 17, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 2/13/15 ORDERING that this action is stayed for sixty days from the date of this order. During the sixty day period of the stay, petitioners counsel shall keep the court apprised of any legal developments that would justify a lifting of the stay.(Dillon, M)
April 30, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/29/2015 ORDERING that this action is STAYED for 90 days; during the 90-day period of the stay, petitioner's counsel shall keep the court apprised of any legal developments that would justify a lifting of the stay.(Yin, K)
August 19, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 08/18/15 ORDERING that the 8/28/15 hearing on petitioner's motion to stay habeas proceedings is vacated. Also, RECOMMENDING that petitioner's 7/29/15 motion to stay habeas proceedings pending exhaustion 57 be granted. Petitioner be ordered to present all of his unexhausted federal habeas claims as well as the facts in support thereof, to the California Supreme Court in a state habeas corpus petition to be filed within 30 days from the resolution by the United States Supreme Court of Montgomery v. Louisiana, Case No. 14-280. This action be stayed and the Clerk of the Court be directed to administratively close the case. Petitioner be ordered to file and serve a status report in this case on the first court day of each month; and petitioner be ordered to file and serve a motion to lift the stay of this action, along with a proposed amended petition containing only exhausted claims, within 30 days after petitioner is serve with the California Supreme Court's order disposing of the state exhaustion petition. MOTION to STAY 57 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M) Modified on 8/20/2015 (Plummer, M).
February 11, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/10/16 ordering the stay order filed 10/16/15 docket entry 62 is amended as follows: Paragraph 3 on page 2 shall be modified to read, "3. Petitioner shall diligently proceed to exhaust his state court remedies by presenting all his unexhausted federal habeas claims, as well as the facts in support thereof, to the California Courts beginning no later than 30 days from the resolution by the United States Supreme Court of Montgomery vs. Louisianna, case no 14-280", the rest of the 10/16/15 order is unchanged and remains in effect. (Plummer, M)