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12-2616 - (HC) Diaz v. Knipp


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12-2616 - (HC) Diaz v. Knipp
September 30, 2013
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/30/13 GRANTING 2 Motion to Proceed IFP; GRANTING 3 7 Motions to Stay. This action is STAYED and the exhausted claims are held in abeyance pending the exhaustion of petitioner's state habeas petition; Petitioner SHALL FILE a status report every 6 months, keeping the court apprised of the progress of his state habeas petition; and Petitioner SHALL FILE an amended petition, containing all of his exhausted claims, within 60 days of the date the California Supreme Court denies his state habeas petition. (Meuleman, A)
April 11, 2014
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ORDER signed by Magistrate Judge Craig M. Kellison on 04/10/14 ordering that petitioner may file a second amended petition within 30 days of the date of this order. (Plummer, M)
March 10, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 3/9/16 ORDERING that petitioner's motion (Doc. 31) for leave to file a surreply brief in opposition to respondents motion to dismiss. Because the rules do not provide for a surreply brief, petitioners motion is denied. Respondent's motion to dismiss will be addressed separately. (Dillon, M)
March 25, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 3/24/2016 RECOMMENDING that respondents' 24 motion to dismiss be granted in part and denied in part; the motion to dismiss Claims 1 and 2 be granted as those claims were filed beyond the statute of limitations; the motion to dismiss Claim 3 as procedurally barred be denied; this action continue as to Claims 3 and 4 of the 12 second amended petition; and respondent be directed to file a response to the remaining cliams in the petition within 30 days. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
August 8, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 08/05/16 vacating the findings and recommendations 34. New Findings and Recommendations are issued herewith. (Plummer, M)
August 8, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 08/05/16 recommending that respondents' motion to dismiss 24 be granted; and respondent be directed to file a response to the remaining claim (Claim 4) in the petition within 30 days. MOTION to DISMISS 24 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
September 20, 2016
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ORDER signed by District Judge Morrison C. England, Jr., on 9/20/16, ORDERING that 39 the findings and recommendations are ADOPTED in full. Respondent's 24 motion to dismiss is GRANTED. Claims 1, 2, and 3 in the petition are dismissed. Respondent shall file a response to the remaining claim (Claim 4) in the petition within 30 days. (Kastilahn, A)
September 30, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 09/30/16 denying without prejudice as premature 32 Motion for an evidentiary hearing. (Plummer, M)
July 5, 2017
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ORDER signed by Senior Judge James K. Singleton on 6/27/2017 DENYING 12 Petition for Writ of Habeas Corpus. The Motion to Stay is DENIED. It is further ORDERED that the Court DECLINES to issue a Certificate of Appealability. CASE CLOSED. (Donati, J)