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16-1256 - (HC)Audette v. Arnold


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16-1256 - (HC)Audette v. Arnold
June 10, 2016
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ORDER signed by Magistrate Judge Allison Claire on 6/10/16 ORDERING that petitioner shall, within 30 days after service of this order, file an Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, on the form provided herewith. The Clerk of Court is directed to send petitioner, together with a copy of this order, the following: A new application for writ of habeas corpus pursuant to 28 U.S.C. § 2254; and a copy of the original petition docketed on June 8, 2016, ECF No. 1.(Dillon, M)
February 1, 2017
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ORDER signed by Magistrate Judge Allison Claire on 1/31/17 ORDERING that petitioner's request for extended time, ECF No. 18, to file his opposition to respondents motion to dismiss is GRANTED. Petitioner shall file and serve his opposition on or before March 31, 2017. Respondent may file and serve a reply within 14 days after the opposition is entered on the court's docket.(Dillon, M)
May 12, 2017
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ORDER signed by Magistrate Judge Allison Claire on 5/11/2017 GRANTING 24 Respondent's Motion for Extension of Time and GRANTING 23 Petitioner's Motion for Limited Discovery. Respondent shall file and serve his reply on or before 6/9/2017. Petitioner to file and serve authorized surreply within 30 days after service of Respondent's reply. (Henshaw, R)
August 4, 2017
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ORDER signed by Magistrate Judge Allison Claire on 8/3/2017 ORDERING, within 7 days, respondent shall file and serve a "supplemental reply" that addresses petitioner's habeas claims premised on the allegedly improper assessment of his prior convictions, as reflected in the subject discovery, and the relevance of these matters to respondent's pending motion to dismiss. Within 14 days after service of respondent's supplemental reply, petitioner shall file and serve his "surreply" in opposition to respondent's motion to dismiss. No extensions of time will be granted. Petitioner's 28 motion to compel discovery is DENIED as moot. (Yin, K)
September 5, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/1/2017 RECOMMENDING that 15 Motion to Dismiss be granted and 4 First Amended Petition be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days after service of these findings and recommendations. (Henshaw, R)