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15-2182 - (HC) Gomes Reynaldo v. Arnold


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15-2182 - (HC) Gomes Reynaldo v. Arnold
November 13, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/13/15 ORDERING that 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; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)
August 15, 2016
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ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 8/12/16 ORDERING that petitioner show cause, within 21 days, why respondent's June 2, 2016 motion to dismiss should not be granted.(Dillon, M)
August 30, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 8/30/16 ORDERING that petitioner has failed to show good cause for the 60 day extension of time he requested. Therefore, petitioner's request for an extension of time (ECF No. 18) is GRANTED IN PART. Petitioner shall file and serve a response to the order to show cause within 30 days from the filed date of this order.(Dillon, M)
October 11, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/7/16 RECOMMENDING that this action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Kimberly J. Mueller; Objections to F&R due within 20 days.(Dillon, M)
October 19, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 10/18/16 ordering the court's 10/11/16 findings and recommendations 21 are withdrawn. Within 30 days of the date of this order, petitioner shall address the statute of limitations issues raised by respondent in the 6/02/16 motion to dismiss. (Plummer, M)
February 17, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/16/2017 RECOMMENDING respondent's 14 motion to dismiss be denied without prejudice; petitioner's 20 motion for stay and abeyance be denied without prejudice; and petitioner be ordered to file, within 30 days of any order adopting these recommendations, a brief addressing respondent's argument that petitioner's sentence is 19 years to life, not four years as alleged in petition. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
March 21, 2017
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ORDER adopting 32 FINDINGS AND RECOMMENDATIONS signed by District Judge Kimberly J. Mueller on 3/20/17: Motion to dismiss 14 is denied without prejudice. Motion for stay and abeyance 20 is denied without prejudice. Petitioner shall file, within thirty days of the date of service of this order, a brief addressing respondent's argument that petitioner's sentence is nineteen years to life, not four years as alleged in the petition. This matter is referred back to the Magistrate Judge for further proceedings. (Kaminski, H)
May 31, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 05/30/17 ordering petitioner's request to dismiss his petition 35 is denied without prejudice. Within thirty days of the date of this order, respondent shall provide the court with a copy of petitioners mental health records from the date of his incarceration in 2007 through the present. Respondent shall lodge those records with the court under seal either in paper or by e-mailing them to [email protected] Until ordered to do so, neither party shall file further briefs regarding petitioners argument that his mental incompetence qualifies him for equitable tolling of the statute of limitations. (Plummer, M)
September 11, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/11/2017 RECOMMENDING the petition be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
September 22, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 9/21/2017 GRANTING 40 Motion for Extension of Time. Petitioner to file objections to 39 Findings and Recommendations within 30 days from the date of this order. (Henshaw, R)