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16-498 - (HC) Cruz v. State of California


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16-498 - (HC) Cruz v. State of California
April 4, 2016
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ORDER signed by Magistrate Judge Allison Claire on 04/04/16 ordering 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. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. (Plummer, M)
October 6, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/5/2016 ORDERING within 30 days, petitioner shall file an opposition or statement of non-opposition to respondent's 11 motion to dismiss. (Yin, K)
December 19, 2016
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ORDER signed by Magistrate Judge Allison Claire on 12/17/2016 DENYING without prejudice petitioner's 14 request for appointment of counsel. Within 28 days, petitioner shall respond to this order, addressing how he wishes to proceed as to his unexhausted claims. If petitioner seeks a stay, within 28 days, he shall file a motion for a stay in accordance with this order. If petitioner does not notify the court of how he would like to proceed, the undersigned will recommend dismissal of Grounds One, Two, Three, and Five and that the case proceed on Ground Four without a stay. (Yin, K)
January 17, 2017
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er's reply, if any, is due 7 days thereafter. If petitioner exhausts any claims in the California Supreme Court prior to this court's resolution of the pending motion, petitioner shall file a notice of exhaustion in this court. (Plummer, M)ORDER signed by Magistrate Judge Allison Claire on 1/17/17 ordering respondent is hereby directed to file an opposition or a notice of non-opposition to petitioner's stay and abeyance motion within 21 days from the date of this order. Petition
February 23, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/22/2017 RECOMMENDING petitioner's 16 motion for a stay be denied; respondent's 11 motion to dismiss be granted in part; the following claims and any included sub-claims, as to Grounds One, Two, Three and Five, be dismissed as unexhausted; respondent be directed to file a repsonse to petitioner's habeas petition addressing the remaining, properly exhausted claim (Ground Four) within 60 days of any order adopting these findings and recommendations; and petitioner be directed file a reply, if any, within 30 days after service of the answer. Referred to Judge Troy L. Nunley; Objections to F&R due within 10 days. Due to the exigencies in the court's calendar, no extensions of time will be granted.(Yin, K)
March 21, 2017
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ORDER signed by District Judge Troy L. Nunley on 3/20/2017 ADOPTING IN FULL 19 Findings and Recommendations; DENYING 16 Motion to Stay; GRANTING IN PART 11 Motion to Dismiss; DISMISSING Grounds One, Two, Three, and Five of the 1 Petition for Writ of Habeas Corpus as unexhausted; DIRECTING the respondent to file a response to the 1 Petition for Writ of Habeas Corpus, addressing Ground Four, within sixty days; DIRECTING the petitioner to file a reply, if any, within thirty days after service of the respondent's Answer; DECLINING to issue the certificate of appealability referenced in 28 U.S.C. ยง 2253. (Michel, G.)
July 31, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/28/17 recommending that the petition for writ of habeas corpus be denied. Referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
August 16, 2017
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ORDER signed by Magistrate Judge Allison Claire on 8/16/2017 GRANTING 27 Motion for Extension of Time. Petitioner's objections to 26 F&R due by 9/18/2017. (Henshaw, R)