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14-1847 - (HC) Benjamin Tabayoyong Caridad v. Harry Oreol, et al


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14-1847 - (HC) Benjamin Tabayoyong Caridad v. Harry Oreol, et al
February 18, 2014
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ORDER signed by Magistrate Judge Allison Claire on 2/14/14 ORDERING that this case is TRANSFERRED to the Central District of California. (Dillon, M) [Transferred from California Eastern on 2/25/2014.] [Transferred from cacd on 8/6/2014.]
June 3, 2015
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ORDER signed by Magistrate Judge Allison Claire on 06/02/15 ordering counsel for respondent shall within 21 days after the filing date of this order, file (or lodge) the following documents with this court, and serve the same on petitioner: Copies of the California Supreme Court orders dated 1/15/14, 4/16/14, and 9/10/14 denying Mr. Caridad's habeas petitions. Also, within 21 days after the filing date of this order, counsel for respondent shall file and serve a supplemental brief in support of respondent's motion to dismiss that: 1)Addresses the effect, if any, of the contemporaneous signing on 1/06/12 of petitioner's recommitment orders for the periods 06/07/10 to 06/07/11; 06/07/11 to 06/07/12; and 06/07/12 to 06/07/13, on the validity of petitioner's commitment prior to 1/06/12 and for the period 06/07/12 to 06/07/13. 2) Addresses whether petitioner exhausted any of his instant federal claims based on the content of the "supporting facts" set forth in his 10/03/13 California Supreme Court habeas petition (Case No. S213786); and 3) Addresses whether petitioner's instant federal habeas petition is moot and/or meets the "in custody" requirement. Petitioner may within 14 days after service or respondent's supplemental brief and exhibits, file and serve a supplemental opposition. Alternatively, counsel for respondent may, within 7 days after the filing date of this order, request that the court vacate the pending motion to dismiss with leave to file an amended motion to dismiss within 30 days. In this event, petitioner shall refrain from filing any response pending further order of the court. (Plummer, M)
June 12, 2015
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ORDER signed by Magistrate Judge Allison Claire on 06/11/15 denying 40 Motion to Dismiss. Respondent is directed to file a response to petitioner's habeas petition within 60 days after the filing date of this order. (Plummer, M)
August 25, 2016
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ORDER signed by Magistrate Judge Allison Claire on 08/25/16 ordering petitioner shall within 14 days after the filing date of this order, file and serve an opposition or statement of non-opposition to respondent's motion to dismiss; no extensions of time will be granted. Respondent may within 5 days after service of petitioner's response, file and serve a reply. Due to petitioners temporary detention in the county jail and the possible inaccessibility of his pertinent legal documents, the court will, in an abundance of caution, provide petitioner with copies of the documents essential to preparing his opposition or statementof opposition. The Clerk of Court is directed to send petitioner, together with a copy of this order, copies of the following documents: Petitioners First Amended Petition (FAP), ECF No. 27 (11 pp.). Respondents motion to dismiss, ECF No. 51 (6 pp.). Respondents earlier motion for enlargement of time, which contains the relevant chronology and documents in support of respondents motion, ECF No. 49 (23 pp.).(Plummer, M) Modified on 8/25/2016 (Plummer, M).
September 22, 2016
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ORDER signed by Magistrate Judge Allison Claire on 09/21/16 denying 51 Motion to Dismiss. Petitioner's request for appointment of counsel 30 previously denied without prejudice 32 is now granted. The Federal Defender is appointed to represent petitioner. Petitioner's counsel shall within 90 days after the filing date of this order, file a second amended petition for writ of habeas corpus or a fully-briefed request that this action be voluntarily dismissed. The clerk of the court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. (cc: Federal Defender: Habeas Appointment) (Plummer, M) Modified on 9/22/2016 (Plummer, M).
September 30, 2016
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ORDER signed by Magistrate Judge Allison Claire on 9/29/16 ORDERING that that MARYLOU HILLBERG, Attorney at Law, shall be substituted in as appointed counsel for Petitioner in place of the Office of the Federal Defender for the Eastern District of California.(Dillon, M)
March 17, 2017
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ORDER signed by Magistrate Judge Allison Claire on 03/16/17 ordering that on or before 06/20/17, petitioner shall 1: File and serve his second amended petition for writ of habeas corpus, or a fully-briefed request that this action be voluntarily dismissed; OR 2. Show cause why additional time is needed. (Plummer, M)
June 28, 2017
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ORDER signed by Magistrate Judge Allison Claire on 06/27/17 ordering petitioner's motion to proceed on his proposed amended petition 65 is granted. Petitioner's amended motion to amend 69 is denied as moot. The following briefing schedule shall govern petitioners anticipated motion to stay the present action pending exhaustion of his claims in the state courts: A. Petitioner shall, within 30 days after the filing date of this order, file and serve a motion to stay the instant action pending exhaustion of his claims in the state courts; B. Respondent shall file and serve a response within 28 days after service of petitioners motion. C. Petitioner may file and serve a reply within 14 days after service of respondents reply. The Clerk of Court is directed to: A. Separately file and docket petitioner's proposed second amended petition and exhibits (currently docketed as ECF Nos. 65-1 and 65-2; and B. Indicate on the docket that petitioner's initial motion to amend 65 is granted and petitioner's subsequent motion 69 is denied as moot. (Plummer, M) Modified on 6/28/2017 (Plummer, M).
June 30, 2017
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ORDER signed by Magistrate Judge Allison Claire on 06/30/17 granting 73 Motion for leave to proceed on his proposed third amended petition and attached exhibits. The clerk of the court is directed to: A. Separately file and docket petitioner's Third Amended Petition and exhibits (currently docketed at ECF Nos. 73-1 and 73-2; and B. Indicate on the docket that petitioner's Third Amended Petition is the only currently operative petition in this case. The deadlines set forth in the court's order filed 6/28/17 72 are vacated and rescheduled as follows: A. Petitioner shall, within 30 days after the filing date of this order, file and serve a motion to stay the instant action pending exhaustion of his claims in the state courts; B. Respondent shall file and serve a response within 28 days after service of petitioners motion; and C. Petitioner may file and serve a reply within 14 days after service ofrespondents reply.. (Plummer, M)
November 16, 2017
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ORDER signed by Magistrate Judge Allison Claire on 11/15/2017 ORDERING that Respondent shall, within 10 days after the filing date of this order, re-file and re-serve the 85 motion to dismiss in conformance with Local Rule 230(b)-(i). (York, M)
November 20, 2017
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ORDER signed by Magistrate Judge Allison Claire on 11/17/2017 DISREGARDING Respondent's previously-filed 85 Motion to Dismiss and DENYING AS MOOT Petitioner's 86 Motion for Extension. (York, M)
January 5, 2018
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ORDER signed by Magistrate Judge Allison Claire on 1/4/2018 GRANTING 90 Motion for Extension of Time. Petitioner shall file and serve his opposition to 88 Motion to Dismiss on or before 2/7/2018. Respondent shall file and serve a reply on or before 2/21/2018. The current Motion hearing is VACATED and RESCHEDULED for 3/7/2018, at 10:00 AM, in Courtroom 26 (AC), before Magistrate Judge Allison Claire. (York, M)
March 7, 2018
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ORDER signed by Magistrate Judge Allison Claire on 3/7/2018 GRANTING petitioner's 93 motion for an evidentiary hearing, subject to the schedule set forth in this order. Respondent's 80 motion to dismiss shall remain pending until the conclusion of the evidentiary hearing. The Evidentiary Hearing is set for 8/20/2018 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (See Order for Details) (Yin, K)
April 20, 2018
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ORDER signed by Magistrate Judge Allison Claire on 4/19/2018 GRANTING 99 Request for Issuance of 6 Subpoenas Duces Tecum and DIRECTING Clerk of Court to immediately issue to Petitioner's counsel 6 subpoenas duces tecum forms, signed by otherwise blank. 6 subpoenas duces tecum forms signed but otherwise blank issued by Clerk and sent to Marylou Elin Hillberg, Law Office of Marylou Hillberg, P.O. Box 1879, Sebastopol, CA 95472. (Henshaw, R)
July 18, 2018
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ORDER signed by Magistrate Judge Allison Claire on 7/18/18 as to 104 Motion to Quash ( Motion Hearing set for 7/25/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) Petitioner shall file and serve a response to the motion on or before 7/23/18. (Plummer, M)
July 24, 2018
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ORDER signed by Magistrate Judge Allison Claire on 7/24/2018 ORDERING the 1/25/2018 hearing on Mr. Rosenfeld's motion to quash is VACATED, to be reset as further ordered below; petitioner's 110 motion to continue is GRANTED; the hearing now set for 8/20/2018 is VACATED and will be reset at or following hearing on discovery motions; petitioner's 111 motion to shorten time is DENIED as moot; the parties to this action and to the instant discovery dispute(s) shall, no later than 7/31/2018, file a stipulation and proposed order setting forth dates for the filing of petitioner's motion to compel, any outstanding briefing regarding discovery motions, and a single hearing on all discovery motions. The provisions of Local Rule 251, with the exception of the meet and confer requirement, shall not apply. (Yin, K)
August 2, 2018
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ORDER signed by Magistrate Judge Allison Claire on 08/01/18 ORDERING as to 104 Motion to Quash and petitioner's anticipated motion to compel discovery,( Motion Hearing set for 9/12/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) Petitioner shall file and serve any motion to compel on or before August 15, 2018. Any other third-party motions to quash shall be filed and served by August 15, 2018. All responses to all motions to quash, and to petitioners motion to compel, shall be filed and served on or before August 29, 2018. Any reply to the responses noted in Paragraph 4 shall be filed and served no later than September 5, 2018. Counsel for both parties and for all third parties with whom there is a discovery dispute shall appear before the undersigned on Wednesday, September 12, 2018, at 10:00 a.m., in Courtroom No. 26. Within seven (7) days after the filing date of this order, petitioners counsel shall file and serve a notice identifying the appropriate respondent in this case.. (Plummer, M) Modified on 8/2/2018 (Plummer, M).