Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

12-1436 - (HC) Richard v. Hubard


Download Files

Metadata

Document in Context
12-1436 - (HC) Richard v. Hubard
June 6, 2012
PDF | More
ORDER signed by Magistrate Judge Dale A. Drozd on 6/5/2012 ORDERING petitioner to submit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee; and the clerk is to send petitioner an ifp form.(Yin, K)
February 11, 2013
PDF | More
ORDER signed by Magistrate Judge Dale A. Drozd on 02/08/13 ordering within 30 days from the date of service of this order, petitioner shall either: a) file a declaration indicating he wishes to proceed under the Kelly stay procedure and file an amended habeas petition in this court containing only exhausted claims or b) file an amended petition that contains all of his exhausted and unexhausted claims, together with a renewed motion for a stay and abeyance with sufficient facts and information to satisfy the requirements of Rhines. Respondent is relieved of the obligation to file a response to petitioner's original petition for writ of habeas corpus until further ordered to do so. The clerk of the court is directed to send petitioner the court's form for filing a petition for writ of habeas corpus. (Plummer, M)
August 13, 2013
PDF | More
[VACATED PURSUANT TO 21 ORDER] ORDER signed by Magistrate Judge Dale A. Drozd on 8/13/13 ORDERING that Petitioners original motion for a stay and abeyance 2 be DENIED asmoot; Petitioners motion to amend his petition pursuant to the Kelly stay andabeyance procedure 18 be GRANTED; 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, a motion to amend the petition, and a proposed third amended petition containing only exhausted claims within 30 days after petitioner is served with the California Supreme Courts order disposing of his state exhaustion petition.(Dillon, M) Modified on 8/16/2013 (Yin, K).
August 14, 2013
PDF | More
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/14/13 ORDERING that the courts August 13, 2013 order 20 is VACATED. It is RECOMMENDED that Petitioners original motion for a stay and abeyance 2 be denied as moot; Petitioners motion to amend his petition pursuant to the Kelly stay and abeyance procedure 18 be granted; Petitioner be ordered to exhaust his state remedies on any unexhausted claims forthwith; 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, a motion to amend the petition, and a proposed third amended petition containing only exhausted claims within thirty days after petitioner is served with the California Supreme Courts order disposing of his state exhaustion petition. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
October 24, 2013
PDF | More
ORDER signed by Magistrate Judge Dale A. Drozd on 10/24/2013 re: 24 Status Report, ORDERING if petitioner has not fairly presented his claims to the California Supreme Court, petitioner should proceed through the appropriate procedure governing the seeking of habeas relief in state court to do so without delay and continue to file and serve a status report in this case on the first court day of each month. If, on the other hand, petitioner has fairly presented his claims to the California Supreme Court, he may file a motion to lift the stay of this action, together with a motion to amend his petition, and a proposed third amended petition containing only exhausted claims. (Waggoner, D)
December 24, 2013
PDF | More
ORDER signed by Magistrate Judge Dale A. Drozd on 12/23/13 ORDERING that within fourteen days of the date of service of this order petitioner shall file either: (a) a status report, or (b) a motion to lift the stay of this action, together with a motion to amend his petition, and a proposed third amended petition containing only exhausted claims.(Dillon, M)
April 22, 2015
PDF | More
ORDER signed by Magistrate Judge Dale A. Drozd on 4/22/2015 ORDERING petitioner to file a motion to lift the stay of this action, a motion to amend his petition, and a proposed third amended petition containing all of his exhausted claims, within 30 days; and the Clerk shall send petitioner a form for filing a petition for writ of habeas corpus.(Yin, K)
August 29, 2016
PDF | More
ORDER signed by Magistrate Judge Deborah Barnes on 8/28/2016 ORDERING 46 that respondent's request for an extension of time, is GRANTED; Respondent's answer filed 8/17/2016 is DEEMED Timely.(Reader, L)
January 20, 2017
PDF | More
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/20/17 RECOMMENDING that petitioner's application for a writ of habeas corpus be denied. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)