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16-184 - (HC) McDaniels v. Barretto


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16-184 - (HC) McDaniels v. Barretto
February 9, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/9/2016 DENYING without prejudice petitioner's 1 motion. Petitioner is GRANTED 30 days to file a petition; petitioner shall also submit, within 30 days, an application to proceed ifp or the $5.00 filing fee; and the Clerk shall send petitioner the form for filing a petition for writ of habeas corpus, and the application to proceed ifp. (Yin, K)
November 3, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/03/16 granting 8 Motion to Proceed IFP. Within thirty days from the date of this order, petitioner shall complete the attached Notice of Election and submit the following documents to the court: a. The completed Notice of Election; and b. If petitioner elects to file a motion for stay under Rhines, he must file a motion for Rhines stay addressing its elements and provide an amended petition setting forth all four claims; or, if petitioner elects to file a motion for stay under Kelly, he must file a motion for stay under Kelly; or, if petitioner elects to proceed on the instant petition, he shall so indicate on the Notice of Election form. The Clerk of the Court shall send petitioner the form for filing a petition for writ of habeas corpus. (Plummer, M) Modified on 11/3/2016 (Plummer, M).