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14-530 - (HC) Pereira v. Swarthout


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14-530 - (HC) Pereira v. Swarthout
March 4, 2014
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ORDER signed by Magistrate Judge Allison Claire on 3/3/2014 ORDERING petitioner to submit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee; the Clerk shall send petitioner an ifp form; and the Clerk is directed to correct the docket to show that Warden Gary Swarthout is the respondent.(Yin, K)
April 4, 2014
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ORDER signed by Magistrate Judge Allison Claire on 4/3/2014 GRANTING petitioner's 10 request to proceed IFP ; within 28 days petitioner shall file a notice addressing how he wishes to proceed as to his unexhausted claims; if plaintiff seeks a stay, he shall file a motion for a stay within 28 days in accordance with this order; DENYING petitioner's 8 motion for bail and to augment the record; and DENYING petitioner's 9 motion for appointment of counsel. (Yin, K)
April 29, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/28/14 RECOMMENDING that Grounds 1 through 3 and 5 through 9 be deemed stricken from the original petition; Petitioners request for a stay and abeyance (ECF No. 12) be granted; The petition, containing only ground 4, be stayed pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) and King v. Ryan, 564 F.3d 1133 (9th Cir. 2009); Upon receiving the ruling of the California Supreme Court exhausting petitioners asyet unexhausted grounds, petitioner be required, within thirty days thereafter: a) to inform this court of any such ruling and to request the stay be lifted; and b) to file an amended federal petition containing all of his exhausted claims. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days.(Dillon, M)
June 5, 2014
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ORDER signed by Judge Lawrence K. Karlton on 6/4/14 ADOPTING IN FULL 14 Findings and Recommendations; AFFIRMING 11 Order. Grounds 1 through 3 and 5 through 9 are deemed STRICKEN from the original petition; Petitioner's 12 request for a stay and abeyance is GRANTED; the petition, containing only ground 4, is STAYED pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), and King v. Ryan, 564 F.3d 1133 (9th Cir. 2009); upon receiving the ruling of the California Supreme Court exhausting petitioner's as yet unexhausted grounds, petitioner is required, within 30 days thereafter; to inform this court of any such ruling and to request the stay be lifted; and to file an amended federal petition containing all of his exhausted claims. (Meuleman, A)
October 7, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/6/2015 ORDERING petitioner to file, within 30 days, a case status report in accordance with this order. (Yin, K)
November 17, 2015
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ORDER signed by Magistrate Judge Allison Claire on 11/16/15 ORDERING that Petitioner's request to treat his original petition as his amended petition (ECF No. 22) is DENIED. Petitioner shall have 30 days from the filing of this order to file an amended petition. The Clerk of the Court is directed to send petitioner a copy of the first 27 pages of the original petition (ECF No. 1) and a blank ยง 2254 petition for writ of habeas corpus form.(Dillon, M)
February 24, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/23/2017 RECOMMENDING respondent's 34 motion to dismiss be granted in part and Grounds 1-3 and 5-8 in petitioner's 24 first amended petition for writ of habeas corpus be dismissed as unexhausted; the case proceed on Ground 4 of the first amended petition; respondent be directed to file an answer to Ground 4 of petitioner's habeas petition within 60 days; and petitoner's reply, if any, filed and served within 30 days after service of the answer. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 10 days. Due to exigencies in the court's calendar, no extensions of time will be granted.(Yin, K)
March 24, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 03/23/17 adopting in full 38 FINDINGS AND RECOMMENDATIONS. Respondent's motion to dismiss 34 is granted in part and Grounds 1-3 and 5-8 in petitioner's first amended petition for writ of habeas corpus are dismissed as unexhausted. The case shall proceed on ground 4 of the first amended petition. Respondent is directed to file an answer to ground 4 of petitioner's habeas petition within 60 days from the date of this order. Petitioner's reply, if any, shall be filed and served within 30 days after service of the answer. This case is referred back to the assigned magistrate judge for further proceedings. (Plummer, M)