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14-2260 - (HC) Barrera v. Muniz


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14-2260 - (HC) Barrera v. Muniz
May 1, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/30/15 ORDERING that Petitioner's motion for a stay and abeyance (Doc. No. 14) is denied without prejudice; and within 30 days from the date of service of this order, petitioner shall either: (a) file a renewed motion for a stay and abeyance indicating he wishes to proceed under the Kelly procedure, together with an amended habeas petition containing only his exhausted claims (1) and (2), or (b) file a renewed motion for a stay and abeyance indicating he wishes to proceed under the Rhines procedure; any renewed motion must make a showing of good cause and satisfy the remaining requirements under Rhines.(Dillon, M)
July 23, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/22/15 Respondents motion to dismiss (Doc. No. 11) be granted; Petitioners renewed motion for a stay and abeyance under the procedure outlined in the Supreme Courts decision in Rhines (Doc. No. 18) be denied; and Within thirty days of any order adopting these findings and recommendations, petitioner be directed to file an amended petition containing only his exhausted Claims (1) and (2). Petitioner may elect to proceed on his fully exhausted Claims (1) and (2) or he may file with his amended petition a motion for a stay pursuant to the Kelly procedure. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
November 4, 2015
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ORDER signed by Judge John A. Mendez on 11/3/2015 ADOPTING 19 Findings and Recommendations; GRANTING 11 Motion to Dismiss; DENYING 18 Motion for Stay and Abeyance; DIRECTING the petitioner to file within thirty days, an amended petition proceeding fully on his exhausted Claims (1) and (2) or an amended petition accompanied by a motion for a stay pursuant to the Kelly procedure. (Michel, G.)
January 6, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/06/16 ordering within 30 days of the date of service of this order, petitioner shall either: a) file a second amended petition containing all of his exhausted claims; or b) file a declaration explaining the status of any pending habeas corpus proceedings in state court. The clerk of the court is directed to send petitioner the court's form for filing a petition for writ of habeas corpus. (Plummer, M)
February 19, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/19/16 ORDERING that Petitioners motion for a stay and abeyance (Doc. No. 22) is DENIED as having been rendered moot; Respondent is directed to file a response to petitioners second amended habeas petition within 60 days from the date of this order. (Dillon, M)
August 26, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 8/26/16 DENYING as moot 39 Motion for Extension of time. (Dillon, M)
January 27, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 1/26/17 ordering petitioner's 8/30/16 motion 41 is denied as unnecessary. Petitioner's traverse is acceptable in its current format. (Plummer, M)
June 27, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/26/2017 RECOMMENDING the petition for writ of habeas corpus be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
July 11, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 7/11/2017 GRANTING 46 Motion for Extension of Time. Petitioner to file and serve his objections to 45 Findings and Recommendations within 30 days from the filed date of this order. (Henshaw, R)
December 4, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/03/17 RECOMMENDING that petitioner's motion for a certificate of appealability 53 be construed as a Rule 59(e) motion and be denied. Motion 53 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
January 31, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 1/30/2018 GRANTING 60 Motion for Extension of Time. Petitioner shall file his objections to the findings and recommendations within 30 days from the date of this order. No further extensions of time will be granted. (Fabillaran, J)
April 25, 2018
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ORDER adopting 57 FINDINGS AND RECOMMENDATIONS, signed by District Judge John A. Mendez on 4/25/18. Petitioner's 53 motion for a certificate of appealability is construed as a Rule 59(e) motion and is DENIED. The court DECLINES to issue the certificate of appealability. (Kastilahn, A)