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14-1521 - (HC) Pryor v. Spearman


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14-1521 - (HC) Pryor v. Spearman
July 1, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/30/14 ordering petitioner's request 1 is denied without prejudice. Petitioner is granted 30 days from the date of service of this order to file a petition. Petitioner's motion for transcript 4 is denied without prejudice. The clerk of the court is directed to send petitioner the court's form for filing a petition for writ of habeas corpus and the application to proceed in forma pauperis by a prisoner. Petitioner's motion for appointment of counsel 2 is denied without prejudice to a renewal of the motion at a later stage of the proceedings. (Plummer, M)
August 5, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/5/14: Petitioner's motion to proceed in forma pauperis 8 is granted. The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus on Michael Patrick Farrell. Motion to Appoint Counsel [9[ is denied without prejudice.(Kaminski, H)
October 29, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/2014 DENYING petitioner's 14 motion for reconsideration; and petitioner's opposition to respondent's 21 motion to dismiss is due not less than 21 days after respondent's motion to dismiss was served on petitioner. (Yin, K)
April 15, 2015
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[VACATED PURSUANT TO 8/11/15 ORDER]ORDER signed by Magistrate Judge Kendall J. Newman on 4/15/15 granting 21 Motion to Dismiss. This action is DISMISSED; The undersigned declines to issue a certificate of appealability. CASE CLOSED. (Dillon, M) Modified on 8/11/2015 (Plummer, M).
August 11, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/11/15 granting 37 Motion for relief from judgment. The 4/15/15 order and judgment 30 and 31 are vacated. The clerk of the court is directed to: Refile ECF No. 1, pages 2-49 as ECF No. 1, petition for writ of habeas corpus; Refile ECF No. 1, pages 50-179 as ECF No. 1-1, exhibits to petition; Refile ECF No. 1, pages 1-12, 'request to file state court petition as a protective federal petition"; and Refile ECF No. 1 pages 13-19 should be filed as ECF No. 1-3 exhibits. Revise ECF No. 10 to read "Amended Petition for writ of habeas corpus"; and reopen this action. Within 14 days from the date of this order, counsel for petitioner shall inform the court whether he intends to continue representing petition on habeas review, and, if so, whether he contemplates seeking further leave to amend the petition. (Plummer, M)
October 14, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/14/15 ordering petitioner's motion to proceed in forma pauperis 42 is granted. Charles M. Bonneau Jr. is appointed to represent petitioner. The clerk of the court shall serve a copy of this order on the Federal Defender, Attention: Habeas appointment. A status conference is set for 12/03/15 at 10:00 a.m. in courtroom 25. All parties shall appear at the status conference by counsel. 14 days prior to the status conference, the parties shall file and serve status reports which address the timing and order of the following matters: Discovery and investigations, anticipated motions, the need for and timing of an evidentiary hearing, enumeration and resolution of unexhausted claims and possible future amendments to pleadings. (cc: Federal Defender, Habeas Appointment) (Plummer, M) Modified on 10/14/2015 (Plummer, M).
November 24, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/24/15 ordering the 12/03/15 status conference is continued to 3/03/16 at 10:00 a.m. in courtroom 25 before the undersigned. Respondent's request to appear telephonically 45 is denied as moot, but counsel may appear telephonically at the 3/03/16 status conference. Petitioner's motion for discovery 47 is denied without prejudice. 14 days prior to the conference, the parties shall file and serve status reports. (Plummer, M)
June 17, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/17/16 ordering within 90 days from 6/26/16, petitioner shall file a proposed second amended petition, accompanied by a motion to stay. Thirty days thereafter, respondent shall file an opposition to the motion for stay; and 21 days thereafter, petitioner may file a reply. (Plummer, M)
June 20, 2016
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AMENDED ORDER signed by Magistrate Judge Kendall J. Newman on 6/20/16 ORDERING that order (ECF No. 57) is amended to provide that petitioners proposed second amended petition and motion for stay shall be filed within 90 days from June 16, 2016.(Dillon, M)
October 21, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 10/20/2016 GRANTING petitioner's 64 motion for an extension of time; and petitioner shall file any opposition to respondent's motion to dismiss and any reply to respondent's opposition to petitioner's motion to stay by 11/29/2016. Respondent may file a reply to petitioner's opposition to the motion to dismiss no later than 12/5/2016. The hearing on petitioner's 61 motion for a stay and respondent's 63 motion to dismiss is CONTINUED to 12/9/2016 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Yin, K)
July 5, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 7/5/2017 ORDERING petitioner's 61 motion to stay is GRANTED; respondent's 63 motion to dismiss is GRANTED in part and DENIED in part; petitioner may proceed with claims 1, 4(d), and 5 of the second amended petition; this action is hereby STAYED, and the Clerk shall administratively close the case; petitioner shall file and serve a status report in this case on the first court day of each month; and petitioner shall file a motion to lift the stay of this action within 30 days after petitioner is served with the CA Supreme Court's order disposing of his state exhaustion petition. (Yin, K)