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16-2368 - (HC)McCorkle v. Spearman


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16-2368 - (HC)McCorkle v. Spearman
October 3, 2016
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ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Erica P. Grosjean on 10/4/16. New Case Number 2:16-cv-02368-EFB. Old Case Number 1:16-cv-1462-EPG. (Gonzalez, R)
January 17, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/17/2017 ORDERING, within 21 days, petitioner shall file either an opposition to the 13 motion to dismiss or a statement of no opposition.(Yin, K)
August 31, 2017
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t of non-opposition within 30 days of service of the motion, and respondent be directed to file his reply, if any, within 14 days thereafter. Motion 13 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 8/31/2017 (Plummer, M). Modified on 9/1/2017 (Plummer, M).FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/31/17 RECOMMENDING that respondents December 6, 2016 motion to dismiss for failure to exhaust 13 be denied. Respondent be directed to file and serve either an answer or a motion in response to petitioners amended petition 21 within 60 days from the date of this order. Any response shall be accompanied by any and all transcripts or other documents relevant to the determination of the issues presented in the application. Petitioner be directed to file and serve his reply, if any, to respondents answer within 30 days of service of the answer. If the response to petitioners amended petition is a motion, petitioner be directed to file an opposition or statemen
September 29, 2017
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ORDER signed by District Judge John A. Mendez on 9/28/17 ORDERING that the findings and recommendations filed 8/31/17, are ADOPTED in full; Respondent's 12/6/16 motion to dismiss for failure to exhaust 13 is DENIED; Respondent is directed to file and serve either an answer or a motion in response to petitioner's amended petition 21 within 60 days from the date of this order. (Becknal, R)