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13-454 - (HC) Turner v. Muniz


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13-454 - (HC) Turner v. Muniz
March 6, 2013
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ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 3/5/2013. (Attachments: # (1) Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 3/6/2013) [Transferred from cand on 3/7/2013.]
April 23, 2013
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ORDER signed by Magistrate Judge Allison Claire on 4/23/2013 ORDERING that petitioner's 2 motion to proceed IFP is GRANTED; petitioner's 13 motion for appointment of counsel is GRANTED; the Federal Defender is APPOINTED to represent petitioner; the Clerk shall serve a copy of the petition filed in this action on 2/28/2013, a copy of the 7/21/11 document docketed as a First Amended Petition in case no. 2:10-cv-3424 DAD, and this order on David Porter; petitioner's counsel shall contact the Clerk's office for copies of documents in this file and in case no. 2:10-cv-3424 DAD; petitioner's petition is DISMISSED with leave to amend within 60 days; petitioner's 7 motion to proceed IFP is DENIED as moot; petitioner's 8 motion for an order to show cause is DENIED without prejudice; petitioner's 15 motion for an order to show cause is DENIED without prejudice; petitioner's 18 motion to expedite review is DENIED; and petitioner's 19 motion for default judgment is DENIED. (cc: AC, David Porter)(Yin, K)
July 23, 2013
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ORDER signed by Magistrate Judge Allison Claire on 7/23/13 DENYING 27 Motion. (Dillon, M)
August 12, 2013
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ORDER signed by Magistrate Judge Allison Claire on 8/9/13 DENYING 29 and 30 Motions; Clerk of the Court is directed to serve a copy of this order on petitioner at the address on ECF No. 29 as well as on petitioners counsel of record. (Dillon, M)
October 23, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/22/14 granting 52 Joint motion to vacate and the current briefing schedule is hereby vacated. Plaintiff is granted 60 days from the date of this order to file his amended petition. Respondents' responsive pleading shall be filed no more than 60 days from the date the amended petition is filed. (Plummer, M)
March 3, 2015
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ORDER signed by Magistrate Judge Allison Claire on 03/03/15 granting 55 Motion for extension of time. Respondent shall have an additional 30 days, to and including 3/23/15, to file a response to petitioner's second amended habeas petition. (Plummer, M)
June 30, 2015
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eduled for 8/19/15 is vacated; the court will decide the motion on the papers unless the undersigned later determines that a hearing would be helpful. Petitioner's request for an extension of time to file a traverse to the Second Amended PetitiORDER signed by Magistrate Judge Allison Claire on 06/29/15 ordering respondent shall on or before 7/24/15 file and serve a response to petitioner's motion to stay. Petitioner shall on or before 8/07/15 file and serve a reply. The hearing schon will be decided when the court addresses the fully-briefed motion to stay. (Plummer, M)
January 4, 2016
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[VACATED PURSUANT TO 72 CLERK'S NOTICE] ORDER signed by Magistrate Judge Allison Claire on 1/4/16 DENYING 59 Motion to Stay. Petitioners request for leave to file a traverse, ECF No. 59, is GRANTED; petitioner shall file and serve his traverse within 45 days after the filing date of this order.(Dillon, M) Modified on 7/6/2016 (Yin, K).
January 5, 2016
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ORDER signed by Magistrate Judge Allison Claire on 1/04/16 ordering petitioner's motion to stay 59 the instant federal habeas proceeding is denied without prejudice. Petitioner's request for leave to file a traverse 59 is granted; petitioner shall file and serve his traverse within 45 days after the filing date of this order. (Plummer, M)
June 16, 2016
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ORDER signed by Magistrate Judge Allison Claire on 06/15/16 ordering respondent shall, within twenty-one days after the filing date of this order, file and serve a response to petitioners motion to stay. Petitioner may, within seven days after service of respondents response, file and serve a reply. The hearing scheduled for August 24, 2016 is vacated; the court will decide the merits of petitioners motion on the papers unless the undersigned later determines that a hearing would be helpful.(Plummer, M) Modified on 6/16/2016 (Plummer, M).
July 26, 2016
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(Plummer, M) Modified on 8/9/2016 (Yin, K).[F&R WITHDRAWN PURSUANT TO 75 ORDER] ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/25/16 ORDERING Petitioner shall file and serve a statement notifying this court and respondent of a decision by the California Supreme Court in petitioners pending petition for review, People v.Turner, Cal. Supreme Court Case No. S232272, within ten (10) days after the decision is issued. Also, RECOMMENDING that petitioner's second request to stay this action 69 be denied; and petitioner be directed to file and serve his traverse, if any, within 30 days after the district judge adopts these findings and recommendations. MOTION to STAY 69 referred to Judge William B. Shubb. Objections due within 14 days.
August 9, 2016
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the CA Supreme Court rules on his petition for review People v. Turner, Cal. Supreme Court Case No. S232272. Petitioner's 69 motion to stay this action is DENIED as moot. (Yin, K)ORDER signed by Magistrate Judge Allison Claire on 8/9/2016 ORDERING the 7/26/2016 findings and recommendations 73 are WITHDRAWN. Petitioner's traverse, or in the alternative, a motion to amend the petition, shall be filed within 30 days after
April 20, 2018
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ORDER signed by Magistrate Judge Allison Claire on 4/19/2018 DENYING 76 Pro Se Motion to Amend. (Henshaw, R)