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16-790 - (HC) Demartha v. People of the State of Calfornia


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16-790 - (HC) Demartha v. People of the State of Calfornia
May 2, 2016
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ORDER signed by Magistrate Judge Allison Claire on 4/29/16 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; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)
May 17, 2016
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ORDER signed by Magistrate Judge Allison Claire on 5/16/2016 GRANTING petitioner's 7 motion to proceed IFP. Within 28 days, petitioner shall file a notice with the court indicating whether Ground Three is exhausted. If Ground Three is unexhausted, petitioner shall inform the court how he wishes to proceed as to Ground Three. If petitioner seeks a stay, within 28 days, petitioner shall file a motion for a stay in accordance with this order. (Yin, K)
April 17, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/14/2017 RECOMMENDING that respondent's 14 motion to dismiss be granted in part; the Ground Three claim and any included sub-claims be dismissed as unexhausted; respondent be directed to file a response to petitioner's habeas petition addresing the remaining, properly exhaused claims (Grounds 1 and 2) within 60 days from the date of any order adopting these findings and recommendations; and petitioner be directed to 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 14 days. (Yin, K)
May 30, 2017
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ORDER signed by District Judge Troy L. Nunley on 5/25/2017 ADOPTING IN FULL 17 Findings and Recommendations; GRANTING IN PART 14 Motion to Dismiss; DISMISSING Ground 3 as exhausted; DIRECTING the respondent to respond to Grounds 1 & 2 within sixty (60) days; DIRECTING the petitioner to file a reply, if any, within thirty (30) days thereafter. (Michel, G.)
August 21, 2017
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ORDER signed by Magistrate Judge Allison Claire on 08/18/17 ordering respondent should submit within fourteen days a copy of the California Supreme Courts February 11, 2015 order denying the petition for review. (Plummer, M) Modified on 8/22/2017 (Plummer, M).
September 11, 2017
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ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 9/11/2017 ORDERING Respondent to show cause in writing, within 7 days after this order is filed, for the failure to comply with the court's 8/21/2017 order. (Henshaw, R)
September 14, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/14/2017 RECOMMENDING the 1 petition for writ of habeas corpus be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 21 days. (Yin, K)