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14-1004 - (HC) Hayden v. Fox


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14-1004 - (HC) Hayden v. Fox
September 26, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/26/14 ORDERING that 2 Motion to Proceed IFP is GRANTED. Petitioners application for a writ of habeas corpus is dismissed with leave to file an amended petition within thirty days after the filing date of this order. Clerk of the Court is directed to send petitioner a blank copy of this courts form for seeking a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254.(Dillon, M)
May 18, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/15/15 ORDERING that petitioner's March 11, 2015 motion (ECF No. 23) is denied as having been rendered moot. (Dillon, M)
July 1, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 6/30/2015 ORDERING that within 30 days, respondent shall file with the court, in chronological order, the records currently docketed at ECF Nos. 22 -1 - 22 -7; after making this chronological filing, respondent shall serve upon petitioner a paper copy of the filed documents that contain the filing's ECF date stamp. Within 30 days of service of the chronologically-organized records, petitioner and respondent shall file briefs as described in this order. The Clerk shall term respondent's 22 motion to dismiss pending submission of the supplemental briefing ordered herein. The Clerk shall substitute Robert W. Fox as the respondent in this action. (Yin, K)
September 23, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/23/2015 GRANTING petitioner's 34 motion to defer supplemental briefing and further develop the record. Within 14 days, petitioner shall file with the court copies of those records that he claims were omitted from the Chronological Record. No later than 30 days thereafter, respondent must file with the court a document that identifies the location of any allegedly-omitted records in the Chronological Record, if present therein. No later than 30 days after respondent's filing, petitioner must file a supplemental brief that conforms to the requirements set forth in the court's 7/1/2015 order. Petitioner's brief may be no longer than 10 pages in length if typewritten, or 15 pages if handwritten. Petitioner's 36 motion to strike respondent's response is DENIED. (Yin, K)
November 23, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 11/22/16 ordering the Federal Defender is appointed to represent petitioner for purposes of opposing the pending motion to dismiss. The clerk of the court is directed to serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. Within 30 days of this order, if counsel for petitioner believes that evidence supporting equitable tolling can only be presented through an evidentiary hearing or that it would be more expedient to present evidence via an evidentiary hearing, then counsel for petitioner shall file a motion for an evidentiary hearing. Any response to petitioners motion for an evidentiary hearing shall be filed within 14 days of petitioners motion. Any reply to petitioners motion shall be filed within 7 days of the response. (cc: Federal Defender: Attention Habeas Appointment)(Plummer, M) Modified on 11/23/2016 (Plummer, M).
March 3, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 3/2/2017 and stipulated between the parties: Petitioner's deadline to file a motion for evidentiary hearing (or any notice informing this court that such a hearing is not requested) is 4/21/2017; Respondent's reply brief shall be filed no later than 5/5/2017; Petitioner's reply brief, if any, shall be filed no later than 5/12/2017 ; and the Clerk shall term respondent's 22 motion to dismiss pending submission of the supplemental briefing ordered herein. (Yin, K)
December 11, 2017
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/26/2018; The respondent's reply shall be filed no later than 3/5/2018. (Washington, S)STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/11/2017 ORDERING the deadline for the Petitioner to file a Motion for Evidentiary hearing (or any notice informing this Court that such a hearing is not requested) is EXTENDED to 2