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16-1778 - (HC) Floyd v. Fox


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16-1778 - (HC) Floyd v. Fox
December 7, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/6/2016 DENYING without prejudice petitioner's 8 motion for appointment of counsel. (Yin, K)
February 10, 2017
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[DISCHARGED PURSUANT TO 19 ORDER] ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 2/10/17 ORDERING that petitioner show cause, within 30 days, why his failure to oppose respondent's motion to dismiss (ECF No. 14) should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition.(Dillon, M) Modified on 3/24/2017 (Yin, K).
March 24, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/24/2017 GRANTING petitioner's 18 motion for appointment of counsel. The order to show cause 17 is DISCHARGED. The Federal Defender is APPOINTED to represent petitioner. The Clerk shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. Petitioner's counsel shall contact the Clerk's office to make arrangements for copies of documents in the file. Within 60 days, petitioner's counsel shall respond to the pending 14 motion to dismiss. (cc: FD, Habeas Appointment)(Yin, K)
April 11, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/10/17 ordering that Charles M. Bonneau, Jr. is substituted in as appointed counsel for petitioner James Floyd in place of the Office of the Federal Defender for the Eastern District of California 20. (Plummer, M)
July 7, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2017 ORDERING respondent's 14 motion to dismiss is PARTIALLY GRANTED; Petitioner's grounds three and four are unexhausted, and STRICKEN from the petition; petitioner's 25 motion for stay and abeyance is GRANTED; this action is STAYED pending exhaustion of petitioner's ground two in the California state courts; Petitioner shall file a motion to lift the stay of this action within 30 days from the date the California Supreme Court issues an order addressing petitioner's habeas petition; the Clerk shall change respondent's last name to "Fox", and shall administratively close this case; and the undersigned DECLINES to issue a certificate of appealability under 28 U.S.C. ยง 2253. (Yin, K)