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14-2120 - (HC) Olic v. Lizaraga


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14-2120 - (HC) Olic v. Lizaraga
December 8, 2014
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ORDER signed by Magistrate Judge Gregory G. Hollows on 12/8/14 ORDERING that Petitioners motion to proceed in forma pauperis is granted; Petitioners petition for writ of habeas corpus is DISMISSED with leave to file an amended petition within 30 days from the date of this order; Petitioners motion to stay further testing, filed September 12, 2014, 2 is DENIED without prejudice to its refiling in a separate civil rights action; and the Clerk of the Court shall send petitioner the forms for filing a habeas corpus action and a civil rights action.(Dillon, M)
February 26, 2015
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arden Joe Lizarraga, Mule Creek State Prison, P. O. Box 409099, Ione, CA 95640.(Dillon, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 2/25/15 ORDERING that Petitioners request for an extension of time 12 is GRANTED; and Petitioner is granted 30 days from the date of this order in which to file an amended petition. Petitioners motion to retrieve legal files, 13, is construed as a motion for a protective order, and as so construed, is granted to the extent that the warden of Mule Creek State Prison or his designee must inform this court, within 21 days, whether petitioner has been denied access to his legal property; if so, the court must be informed of accommodations being made to permit petitioner to prosecute this action. The Clerk of the Court is directed to serve a copy of this order by U.S. mail upon W
April 1, 2015
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/31/15 ORDERING that 19 Motion for Extension of time is granted; and petitioner is granted until April 9, 2015 to file exhibits to his amended petition.(Dillon, M)
July 14, 2015
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/13/2015 DENYING petitioner's 29 "motion to return to Mule Creek State Prison", without prejudice to petitioner filing the same claims in a new civil rights action. (Yin, K)
August 7, 2015
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ORDER signed by Magistrate Judge Gregory G. Hollows on 8/6/2015 GRANTING 33 Motion for Extension of Time; ORDERING the petitioner to file an opposition to the 32 Motion to Dismiss by 9/15/2015; GRANTING the 34 Motion to Obtain Legal Material, construed as a Motion for Protective Order, to the extent that the warden of California State Prison - Sacramento, or his designee, must inform this court, within twenty-one days, whether the petitioner has been denied access to his legal property; if so, ORDERING that the court be informed of accommodations being made to permit the petitioner to prosecute this action; DIRECTING the Clerk of Court to serve a copy of this order by U.S. mail upon Warden Jeff Macomber, California State Prison - Sacramento, P.O. Box 290002, Represa, CA 95671. (Michel, G.)
September 11, 2015
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ORDER signed by Magistrate Judge Gregory G. Hollows on 09/11/15 ORDERING that petitioner's 37 "emergency motion to prevent murder by CDCR Director Jeffrey Beard" is DENIED without prejudice to petitioner filing the same motion in his civil rights action. (Benson, A)
October 7, 2015
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ctions should not be imposed for failure to timely file an opposition or statement of non-opposition to the pending motion.(Yin, K)ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 10/6/2015 ORDERING that within 21 days, petitioner shall file and serve an opposition or a non-opposition to the motion to dismiss, and shall SHOW CAUSE in writing why san
November 30, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/27/15 RECOMMENDING that Respondents motion to dismiss, filed July 17, 2015 (ECF No. 32), be granted; and the District Court decline to issue a certificate of appealability. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
February 9, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 02/09/16 ORDERING that the 41 FINDINGS AND RECOMMENDATIONS are NOT adopted at this time; petitioner's 46 01/04/16 reply to respondent's reply to petitioner's objections is construed as an opposition to respondent's 32 07/17/15 Motion to Dismiss; respondent is granted 14 days to file a reply in support of the Motion to Dismiss, at which point the matter will be submitted without any further briefing by any party. This matter is REFERRED BACK to Magistrate Judge Gregory G. Hollows for new findings and recommendations on the merits of respondent's 07/17/15 Motion to Dismiss. (Benson, A)
March 25, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/21/2016 RECOMMENDING that respondent's 32 motion to dismiss be granted; this action be dismissed; and the District Court decline to issue a certificate of appealability. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
September 8, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 9/7/16 ORDERING that the findings and recommendations filed March 25, 2016, are not adopted; and Respondent's motion to dismiss, filed July 17, 2015 (ECF No. 32), is referred back to the assigned magistrate judge for further consideration in light of Nettles v. Grounds, ___ F.3d ___, 2016 WL 4072465 (9th Cir. July 26, 2016) (en banc). (Becknal, R)
January 9, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 1/7/17 ORDERING that within 14 days of this order, petitioner shall notify the court in writing whether he would like to: (1) Respond, explaining why Nettles does not prevent this court from exercising jurisdiction over his habeas petition, (2) Convert his habeas petition into a § 1983 claim, or (3) Dismiss this action without prejudice to refiling his claim as a § 1983 claim, subject to any statute of limitations issues.(Dillon, M)
February 9, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 02/08/17 recommending that the undersigned adopts the discussion in the January 9, 2017 order as its Findings and Recommendations herein. The undersigned finds that Nettles bar sconsideration of this case as a habeas corpus case; it should be dismissed. Referred to Judge Kimberly J. Mueller Objections due within 14 days. (Plummer, M) Modified on 2/10/2017 (Plummer, M).
April 12, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 4/11/17 ORDERING that this Court DECLINES to issue a Certificate of Appealability re 70 USCA Order. And The Clerk of the Court is directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit. (Mena-Sanchez, L)