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15-364 - (HC) Sarmiento v. Rackley


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15-364 - (HC) Sarmiento v. Rackley
February 19, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/19/15 ORDERING that Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)
March 27, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/27/15 ORDERING respondent is directed to file a response to petitioner's habeas petition within 60 days from the date of this order. The clerk of the court shall serve a copy of this order, the consent to proceed before Magistrate Judge form, and a copy of the petition for writ of habeas corpus on Michael Farrell, Attorney General. Also, RECOMMENDING that all claims in the petition be summarily dismissed except for petitioner's challenge to the sufficiency of the evidence supporting his conviction. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (cc: Michael Farrell, Attorney General) (Plummer, M) Modified on 3/27/2015 (Plummer, M).
May 26, 2015
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ORDER ADOPTING 6 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 5/22/15. All claims in the petition are summarily dismissed except for petitioners challenge to the sufficiency of the evidence supporting his conviction; and the court declines to issue the certificate of appealability.(Dillon, M)
July 1, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/01/15 ordering that petitioner file an opposition to respondent's pending motion to dismiss within 30 days or a statement of non-opposition. (Plummer, M)
September 3, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 09/02/15 recommending that respondent's motion to dismiss 11 be granted. MOTION to DISMISS 11 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
January 7, 2016
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ORDER adopting in part 16 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 1/7/16. Respondent's 11 motion to dismiss is granted in part. The court lacks habeas corpus jurisdiction over petitioner's due process claim. Petitioner's habeas corpus petition is dismissed. The Clerk is directed to send petitioner the court's civil rights complaint form and an application to proceed in forma pauperis. Petitioner is granted 30 days from the date of this order in which to submit an amended complaint, and, as appropriate, an application to proceed in forma pauperis or $345.00. (Kastilahn, A)
July 29, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/29/2016 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)