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15-2081 - (HC) Franklin v. Valenzuela


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15-2081 - (HC) Franklin v. Valenzuela
November 18, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/17/2015 GRANTING petitioner's 2 motion to proceed IFP. Petitioner is GRANTED 30 days to file either (1) an amended petition containing only exhausted claims, accompanied by a motion to stay this action pursuant to Kelly while petitioner exhausts state remedies for the unexhausted claims, or (2) a motion to stay this action pursuant to Rhines while he exhausts state remedies for the unexhausted claims. Failure to comply with this order will result in this action being dismissed without prejudice. (Yin, K)
February 2, 2016
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austed as to all claims therein. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/2/2016 RECOMMENDING that petitioner's 9 motion for stay be denied; the 8 amended petition be dismissed as "mixed"; petitioner be directed to file a second amended petition containing only exhausted claims; and petitioner be advised that failure to timely file a second amended petition will result in dismissal of this action, without prejudice to re-filing if and when state remedies are exh
March 3, 2016
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ORDER ADOPTING 10 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 03/03/16 ORDERING that petitioner's 9 Motion for Stay is DENIED; the 8 first amended petition is DISMISSED as "mixed"; the Court DECLINES to issue COA; petitioner's 11 Motion to Amend is GRANTED and the court will proceed to screen the 12 Second Amended Petition. (Benson, A)
March 16, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/16/16 ORDERING that the Second Amended Petition 12 is DISMISSED with leave to amend within 30 days from the date of this order; The Clerk of the Court is directed to send petitioner the courts form for application for writ of habeas corpus. (Dillon, M)
May 10, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/10/2016 RECOMMENDING petitioner's 20 motion to stay be denied; and the 22 third amended petition be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
July 7, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/7/16 ORDERING that plaintiff is advised that documents filed by plaintiff since the closing date will be disregarded and no orders will issue in response to future filings.(Dillon, M)