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16-2568 - (HC)McFarland v. State of California


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16-2568 - (HC)McFarland v. State of California
October 31, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/31/16 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; petitioners failure to comply with this order may result in this action being dismissed; and Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)
December 6, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/5/2016 DISMISSING this action, without prejudice. CASE CLOSED. (Yin, K)
February 9, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/09/17 ordering petitioners request for an extension of time, construed as a motion for relief from judgment pursuant to Rule 60(b) 9, is granted. The clerk is directed to reopen this case. Petitioners request for leave to proceed in forma pauperis 10 is granted. Respondent shall file and serve either an answer or a motion in response to petitioners application within 60 days from the date of this order. Petitioners reply, if any, shall be filed and served within 30 days of service of an answer. If the response to petitioners application is a motion, petitioners opposition or statement of non-opposition shall be filed and served within 30 days of service of the motion, and respondents reply, if any, shall be filed within 14 days thereafter. The Clerk of the Court shall serve a copy of this order together with a copy of petitioners petition for writ of habeas corpus 1 with any and all attachments on Michael Patrick Farrell, Senior Assistant Attorney General for the State of California. The Clerk of the Court also shall serve on the Senior Assistant Attorney General the consent form used in this court. (cc: Michael Farrell, Attorney General). (Plummer, M) Modified on 2/9/2017 (Plummer, M).
June 6, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/5/2017 ORDERING, within 21 days, petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition. Failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Yin, K)
July 6, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/6/2017 RECOMMENDING that this action be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)