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15-1365 - (HC) Miller v. Frauenheim


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15-1365 - (HC) Miller v. Frauenheim
January 20, 2016
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in 30 days from the date of this order. (Plummer, M)ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/20/16 granting 17 Motion to Amend. This action shall proceed on the First Amended Petition 18. Respondent is directed to file a response to petitioner's amended habeas petition with
March 18, 2016
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the above. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/18/2016 RECOMMENDING that petitioner's 22 motion for stay be granted as follows: a. The amended petition 18 is dismissed as "mixed"; b. No later than 30 days after dismissal, petitioner shall file a second amended petition containing only exhausted claims (Claims 2 and 3); c. Failure to timely file such an amended petition will result in this action being closed; and d. Upon receipt of a fully exhausted second amended petition, that court will administratively stay this action pursuant to Kelly, pending exhaustion of Claim 1 in the California Supreme Court; and respondent's 21 motion to dismiss be granted as consistent with
May 23, 2016
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han 30 days after dismissal, petitioner shall file a second amended petition containing only exhausted claims (Claims 2 and 3). Failure to timely file such an amended petition will result in this action being closed. Upon receipt of a fully exORDER signed by District Judge John A. Mendez on 5/20/16 ADOPTING IN FULL 24 Findings and Recommendations; GRANTING 22 Petitioner's Motion to Stay as follows: The amended petition (ECF No. 18) is DISMISSED as "mixed." No later thausted second amended petition, that court will administratively stay this action pursuant to Kelly, pending exhaustion of Claim 1 in the California Supreme Court; GRANTING as consistent with the above 21 Respondent's Motion to Dismiss; DENYING as inconsistent with this order 25 Petitioner's Motion to amend traverse. The action is referred back to the Magistrate Judge for further proceedings, including review of the proposed Second Amended Petition (ECF No. 28). (Jackson, T)
October 21, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/21/16 ordering that within seven days from the date of this order respondent shall file and serve an answer to the petition for writ of habeas corpus or a motion to dismiss and shall show cause in writing why sanctions should not be imposed for the failure to file the answer or motion to dismiss timely. (Plummer, M)