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14-068 - (HC) Sanudo v. Foulk


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14-068 - (HC) Sanudo v. Foulk
April 7, 2014
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 04/04/14 ORDERING that petitioner's motion to file an over-sized brief in support of his federal habeas corpus petition 4 is granted. Also, RECOMMENDING that petitioner's motion to stay the petition 3 be granted. Respondent's motion to dismiss petitioner's federal habeas corpus application without prejudice 13 be denied. Petitioner be directed to inform this court and file a request to lift the stay within 30 days of a decision by the California Supreme Court concluding state court habeas review. Failure to timely inform the court will result in dismissal of the federal petition; and the clerk be directed to administratively close this case for purposes of case status pending exhaustion. Motions 1 and 13 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
May 1, 2014
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petitioner's 18 motion to lift the stay be denied as unnecessary since no stay was ever entered by the district court; and respondent be directed to file an answer to 17 the first amended federal habeas corpus petition within 60 days of theORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/30/14 ORDERING that the 4/7/14 findings and recommendation 16 are VACATED; petitioner's 19 motion to exceed the word count for the first amended federal habeas petition is GRANTED. It is RECOMMENDED that petitioner's 3 motion to stay his federal habeas petition be denied as moot; respondent's 13 motion to dismiss the original mixed petition without prejudice also be denied as moot; adoption of the instant findings and recommendation by the district court judge. Motions referred to Judge Garland E. Burrell, Jr.. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
May 28, 2014
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ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 5/27/2014. Petitioner's 3 Motion to Stay and respondent's 13 Motion to Dismiss are DENIED as MOOT. Petitioner's 18 Request to Lift Stay is DENIED as unnecessary since no stay was ever entered by Court. Respondent directed to file an Answer to 17 First Amended Habeas Corpus Petition within 60 days. (Marciel, M)
March 3, 2017
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MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 3/2/17 ORDERING that the Petition under 28 U.S.C. ยง 2254 for Writof Habeas Corpus is DENIED. The Court DECLINES to issue a Certificate ofAppealability. CASE CLOSED (Kastilahn, A)