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12-2260 - (HC) Rodriguez v. Gipson


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12-2260 - (HC) Rodriguez v. Gipson
August 31, 2012
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ORDER TRANSFERRING Case to the SACRAMENTO Division of the United States District Court, Eastern District of California, signed by Magistrate Judge Michael J. Seng on 8/31/12: New Case Number 2:12-cv-02260 GGH (HC). Old Case Number 1:12-cv-01368 MJS (HC). (Hellings, J)
January 10, 2013
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ORDER signed by Magistrate Judge Gregory G. Hollows on 1/10/13 ORDERING that within seven days of this order, respondent shall file a proof of service indicating proper service of the motion on petitioner at his address of record. Petitioner shall file an opposition to the motion to dismiss within 28 days after being served with the motion. (Dillon, M)
March 7, 2013
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ORDER signed by Magistrate Judge Gregory G. Hollows on 03/06/13 ordering the clerk shall assign a district judge to this case. U.S. District Judge Garland E. Burrell randomly assigned to this case. Petitioner shall show cause within 30 days why his failure to oppose respondent's 11/16/12 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 3/8/2013 (Plummer, M).
June 19, 2013
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/19/13 ORDERING that Petitioner shall file an opposition to respondents November 16, 2012 motion to dismiss within 30 days of this order. (Dillon, M)
October 15, 2013
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/15/2013 ORDERING that respondent's 8 motion to dismiss is VACATED without prejudice to its renewal as appropriate; the Federal Defender is APPOINTED to represent petitioner; the Clerk shall serve a copy of the petition and this order on David M. Porter, Assistant FD ; within 60 days, petitioner, through counsel, shall file and serve an amended petition; and respondent shall file and serve a response within 60 days of being served the amended petition.(Yin, K)
November 12, 2013
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ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Gregory G. Hollows on 11/12/13. Added attorney William Joseph Arzbaecher, III for Luis Amparan Rodriguez, attorney David M. Porter, FD terminated.(Dillon, M)
November 15, 2013
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/15/2013 ORDERING that petitioner's 17, 18, 19 motions are VACATED without prejudice to their renewal as appropriate. (Yin, K)
October 14, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/10/2014 RECOMMENDING that petitioner's 38 motion for stay and abeyance be granted; and petitioner be directed to inform the court within 30 days of any decision by the state Supreme Court. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
October 6, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/5/15 RECOMMENDING that respondents motion to dismiss (ECF No. 56) be denied with the exception of the judicial notice sub-claim of Claim 2; and Respondent be directed to file an answer to the amended petition (ECF No. 37) within 60 days; and petitioners reply, if any, shall be filed and served within 30 days after service of the answer. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
December 8, 2015
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ORDER signed by District Judge Troy L. Nunley on 12/4/15 ORDERING that the findings and recommendations filed October 6, 2015 are adopted; Respondent's motion to dismiss (ECF No. 56) is denied with the exception of the judicial notice sub-claim of Claim 2; and Respondent is directed to file an answer to the amended petition (ECF No. 37) within sixty days; and Petitioner's reply, if any, shall be filed and served within thirty days after the service of the answer. (Becknal, R)
November 2, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/01/2016 ORDERING that within seven days of this order, respondent shall lodge the missing pages of the state court record or file a status report as to the expected date of lodging these pages and efforts made to secure them. Should petitioners record contain the identified pages, petitioner shall lodge the same no later than seven days from the filed date of this order.(Butolph, J)
January 9, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/6/17 RECOMMENDING that petitioner's application for a writ of habeas corpus be granted in part on the instructional error claim, and be denied on the insufficient evidence claim; and petitioner's conviction for first degree murder be vacated; and petitioner be given the option of pleading to second degree murder and be sentenced thereon, or be retried with all charges at issue. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
March 23, 2017
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granted. (Donati, J)ORDER signed by Magistrate Judge Gregory G. Hollows on 3/23/2017 GRANTING 94 Motion for Extension of Time. Petitioner's Reply to Respondent's Objections to 85 Findings and Recommendations is due 3/31/2017. No further extensions will be