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14-079 - (HC) Khatkar v. CDCR


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14-079 - (HC) Khatkar v. CDCR
September 24, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/14 ORDERING that Respondent shall have an additional 14 days, to and including October 8, 2014, to file a reply to Petitioners opposition to motion to dismiss. (Dillon, M)
December 30, 2014
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/29/14 ORDERING that the Clerk of the Court shall appoint a district judge in this action; and based on respondents counsels request (ECF No. 12 at 1 n.1), Jeffrey Beard, Secretary of the California Department of Corrections and Rehabilitation, is substituted as the respondent in this action. It is RECOMMENDED that Respondents motion to dismiss 12 be granted; and this action be dismissed. Randomly assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
September 16, 2015
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ORDER signed by Judge Kimberly J. Mueller on 9/15/2015 ORDERING the parties to file supplemental briefs within twenty days, addressing the legal basis for the finding that the petitioner's conviction for violation of California Penal Code ยง 245(a)(2) became final sixty days after he was sentenced to state prison or that said conviction became final at some earlier date. (Michel, G.)
March 31, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/30/2017 GRANTING IN PART 33 Motion for Reconsideration; VACATING the 31 Order Adopting Findings and Recommendations and 32 Judgment; DENYING the 12 Motion to Dismiss as barred by the statute of limitations; REFERRING this matter back to the assigned magistrate judge for further proceedings. (Michel, G.)
August 9, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/9/2017 VACATING the 8/10/2017 hearing date. IT IS RECOMMENDED respondent's 38 motion to dismiss be denied; and respondent be directed to file an answer within 14 days of any district court order adopting these findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Yin, K)
February 1, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 1/31/2018 FINDINGS AND RECOMMENDATIONS 43 are ADOPTED in FULL; Respondent's 38 Motion to Dismiss is DENIED; and Respondent is directed to file an answer within 14 days of service of this order. (Reader, L)