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15-1204 - (HC) Androshchuk v. Spearman


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15-1204 - (HC) Androshchuk v. Spearman
October 18, 2016
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/18/16 ORDERING that Petitioner's motion for extension of time to reply to respondent's opposition (ECF No. 19) is DENIED. Petitioners motion for a 90 day extension of time to respond to the motion to dismiss (ECF No. 17) is GRANTED IN PART. Within 21 days after the filing date of this order, petitioner shall file and serve an opposition to respondents motion to dismiss. It is RECOMMENDED that petitioner's motion for stay (ECF No. 17) be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M) Modified on 10/19/2016 (Plummer, M).
March 14, 2017
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ORDER adopting in full 20 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 3/14/17. Petitioner's 17 motion for stay is DENIED. (Kastilahn, A)
March 17, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/16/17 ORDERING that M. Eliot Spearman, High Desert State Prison Warden, is SUBSTITUTED as respondent. Also, RECOMMENDING that respondent's 11 motion to dismiss be granted and judgment be entered for respondent. This court DECLINES to issue the certificate of appealability. The 11 Motion to Dismiss referred to Judge Morrison C. England, Jr. Objections due within 10 days. (Plummer, M)
October 11, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 10/10/2017; GRANTING 33 Motion for Reconsideration; ADOPTING IN FULL 29 Findings and Recommendations; GRANTING 11 Motion to Dismiss; ENTERING JUDGMENT for the respondent; DECLINING to issue the certificate of appealability. (cc USCA) (Washington, S) Modified on 10/11/2017 (Washington, S).
November 27, 2017
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ORDER signed by Magistrate Judge Allison Claire on 11/22/2017 ORDERING that within 14 days of the filing of this order, respondent may file a response to 44 Motion for Extension of Time. (York, M)
January 30, 2018
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ORDER signed by Magistrate Judge Allison Claire on 1/30/2018 ORDERING the Clerk to update petitioner's address of record to Mule Creek State Prison and DIRECTING respondent to re-serve petitioner with his opposition to the motion for extension of time at Mule Creek State Prison within 7 days. Petitioner may file a reply within 7 days of service of the opposition.(Yin, K)
March 7, 2018
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titioner's request to put his case on hold is construed as a motion for an extension of time 54 and is GRANTED. Petitioner is granted 14 days from the service of this order in which to reply to respondent's opposition to his motion for an extension of time to file a notice of appeal. (Plummer, M)(cc: USCA, 9th circuit) Modified on 3/8/2018 (Plummer, M).ORDER signed by Magistrate Judge Allison Claire on 03/06/18 DENYING 47 Motion to Proceed IFP because he has a motion for in forma pauperis status pending in the Ninth Circuit. Petitioner's motion for appointment of counsel 54 is DENIED. Pe