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15-302 - (HC) Bailey v. Swarthout


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15-302 - (HC) Bailey v. Swarthout
February 18, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 02/17/15 ordering petitioner shall submit within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. (Plummer, M)
February 28, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/27/17 recommending that respondent's motion to dismiss 10 be granted. The dismissal be without prejudice to Bailey's right to pursue his claims under section 1983, whether by filing an amended complaint in the instant proceeding or by voluntary dismissing his habeas petition and filing a 1983 action. MOTION to DISMISS 10 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
August 9, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 8/9/2017 ADOPTING 17 Findings and Recommendations in full and GRANTING 10 Motion to Dismiss. The dismissal is without prejudice to Baileys right to pursue his claims under 1983. Within thirty days of this order, plaintiff may file a civil rights complaint in the instant proceeding or voluntarily dismiss his habeas petition and file a new 1983 action. The court DECLINES to issue the certificate of appealability. (Donati, J)
January 18, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 1/17/18, ORDERING that this action is DISMISSED without prejudice to petitioner pursuing his claims in a civil rights action filed pursuant to 42 U.S.C. ยง1983. CASE CLOSED(Kastilahn, A)