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16-1027 - (HC) Valine v. Muniz


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16-1027 - (HC) Valine v. Muniz
June 1, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 05/31/16 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 shall send petitioner a copy of the in forma pauperis form used by this district. (Plummer, M)
February 14, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/13/17 RECOMMENDING that Respondent's motion to dismiss (ECF No. 13) be denied as moot. The motion to stay (ECF No. 2), which was predicated on this petition being mixed, be denied as moot; This action proceed only on petitioner's first, fourth, and fifth claims. These are, specifically, that: (1) he was convicted by the testimony of an accomplice that was not sufficiently corroborated; (4) that his trial counsel was constitutionally ineffective in failing to object before and during the trial to the unlawful search and seizure of petitioner's cell phone text records; and (5) that the Sacramento County Sheriff unlawfully obtained a statement from Justine Valine by interrogating him while he was not in his right state of mind. All other claims contained in the petition should be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
March 23, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 3/23/2017 ADOPTING IN FULL 19 Findings and Recommendations; DENYING 13 Motion to Dismiss as moot; DENYING 2 Motion to Stay as moot; ORDERING that this action proceed on the petitioner's first, fourth, and fifth claims; DISMISSING all other claims without prejudice. (Michel, G.)
July 13, 2017
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MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 07/12/17 ORDERING that the Petition under 28 U.S.C. ยง 2254 for Writ of Habeas Corpus is DENIED. The Court DECLINES to issue COA. CASE CLOSED (Benson, A)