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16-581 - (HC) Tanner v. Sherman


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16-581 - (HC) Tanner v. Sherman
October 21, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/16 ORDERING that petitioner's motion for stay and abeyance (ECF No. 17) is DENIED without prejudice. Petitioner is directed to renew his motion for stay under Rhines, 544 U.S. at 278, within 30 days from the date of this order.(Dillon, M)
October 21, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/16 ORDERING that petitioner's motions for appointment of counsel (ECF No. 4, 11 and 18) are DENIED without prejudice to a renewal of the motion at a later stage of the proceedings. (Dillon, M)
March 3, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/3/2017 ORDERING that Petitioner's 21, 22, 24 motions are DENIED as moot. Respondent's 14 motion to dismiss is DENIED as moot. Petitioner's 25 motion for appointment of counsel is DENIED without prejudice. Respondent is directed to file a response to petitioner's habeas petition within sixty days from the date of this order. If the response to the habeas petition is an answer, petitioner's reply, if any, shall be filed and served within thirty days after service of the answer. If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondent's reply, if any, shall be filed and served within fourteen days thereafter. (Zignago, K.)
July 7, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2017 GRANTING petitioner's 30, 31 motions for the appointment of counsel. The Federal Defender is APPOINTED to represent petitioner. The Clerk shall serve a copy of this order on the FD, Attention: Habeas Appointment. Petitioner's counsel shall contact the Clerk's office to make arrangements for copies of documents in the file. Petitioner is GRANTED an extension of time to file an opposition to the 36 motion to dismiss; such opposition shall be filed on or before 8/22/2017. (cc: FD, Habeas Appointment)(Yin, K)
July 13, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2017 ORDERING Tony Faryar Farmani, Attorney at Law, is substituted in as appointed counsel for Petitioner in place of the Office of the Federal Defender for the Eastern District of California. (Henshaw, R)
November 20, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/20/2017 GRANTING 42 Motion for Extension. Petitioner shall file his opposition to respondent's 36 renewed motion to dismiss on or before 1/8/2018. (York, M)
March 8, 2018
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/8/2018 VACATING the 3/30/2017 finding that Claim 3 was exhausted; CONSTRUING 22 and 23 Motions to Accept Newly-Exhausted Claims as a Motion to Amend and GRANTING Petitioner leave to amend to include claim 6 nunc pro tunc as of 11/15/2016; DIRECTING Clerk of Court to strike the 5th claim from the petition as requested by Petitioner; and RECOMMENDING 36 Motion to Dismiss be partially granted and within 30 days from the date of this order, Petitioner to file an amended petition or file a request to strike unexhausted claims, as set forth in this Order and Findings and Recommendations. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
March 30, 2018
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ORDER ADOPTING 50 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 03/29/18; PARTIALLY GRANTING Respondent's 36 Motion to Dismiss. Within 30 days, Petitioner shall file an amended petition or file a request to strike unexhausted claims as set forth in the findings and recommendations. (Benson, A.)