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16-733 - (HC) Davis v. Ducart


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16-733 - (HC) Davis v. Ducart
April 6, 2016
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ORDER OF TRANSFER. Signed by Magistrate Judge Maria-Elena James on 4/6/2016. (Attachments: # (1) Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 4/6/2016) [Transferred from cand on 4/7/2016.]
April 12, 2016
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[DISREGARD per to Chambers' request; Order not served by mail] ORDER signed by Magistrate Judge Edmund F. Brennan on 4/12/16 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; petitioners failure to comply with this order may result in this action being dismissed; and Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M) Modified on 4/12/2016 (Dillon, M).
July 12, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/11/16 GRANTING 19 Motion for Extension of time. petitioner has 30 days from the date this order is served to file his response. The Clerk is directed to serve a copy of respondents motion to dismiss on petitioner with this order.(Dillon, M)
February 16, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/15/17 RECOMMENDING that respondent's June 10, 2016 motion to dismiss (ECF No. 15) be granted on exhaustion grounds and that the petition be dismissed without prejudice and with leave to amend. Petitioner be granted leave within 30 days of the date of any order adopting this recommendation to either (a) file an amended petition containing only the three claims that he has exhausted or (b) file a motion to stay pursuant to Rhines, 544 U.S.at 277. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
March 30, 2017
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ORDER signed by District Judge John A. Mendez on 3/29/2017 ADOPTING IN FULL 28 Findings and Recommendations; GRANTING 15 Motion to Dismiss without prejudice and with leave to amend; GRANTING the petitioner leave to (a) file an amended petition containing only the three claims that he has exhausted or (b) file a motion to stay pursuant to Rhines, 544 U.S. at 277; CAUTIONING the petitioner that in the absence of an amended petition or a motion to stay, the Court will deem the 29 First Amended Petition for Writ of Habeas Corpus as the operative petition in this case. (Michel, G.)
July 6, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/6/2017 GRANTING 36 Motion for Extension of Time to File Answer. Respondent to file response to petition for writ of habeas corpus by and including 8/7/2017. (Henshaw, R)