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17-792 - (HC) Arismendez v. Baughman


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17-792 - (HC) Arismendez v. Baughman
April 20, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/19/2017 ORDERING petitioner to submit, within 30 days from the date of this order, an IFP application or the appropriate filing fee. (Henshaw, R)
July 19, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/18/2017 ORDERING Petitioner to submit, within 30 days from the date of this order, an affidavit in support of his request to proceed IFP or the appropriate filing fee. (Henshaw, R)
December 4, 2017
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ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 12/4/2017 ORDERING, within 21 days, petitioner shall notify this court whether: (a) he intends to pursue habeas corpus relief in the Yolo County Superior Court by filing a notice of voluntary dismissal in this court; or, (b) he intends to pursue federal habeas corpus relief by filing an amended 28 U.S.C. § 2254 petition along with a motion for a stay and abeyance; the Clerk shall send petitioner a form 28 U.S.C. § 2254 petition along with a copy of this order.(Yin, K)
April 10, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/10/2018 GRANTING, sua sponte, petitioner 14 days to file a response to this court's 12/4/2017 order to show cause as well as an opposition to respondent's 12 motion to dismiss. (Yin, K)
May 7, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/7/2018 RECOMMENDING respondent's 12 motion to dismiss be granted; petitioner's 15 motion to voluntarily dismiss unexhausted claims in his federal habeas corpus application be denied as moot; petitioner's 1 federal habeas corpus application be dismissed without prejudice to filing an amended petition within 30 days on the court approved form; and the Clerk be directed to send petitioner a new habeas corpus application form. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)