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17-1486 - (HC) Stanley v. Peery


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17-1486 - (HC) Stanley v. Peery
July 20, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/20/2017 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)
November 30, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/30/2017 ORDERING petitioner may file a request for a stay and abeyance addressing each of the three Rhines factors described in this order within 30 days from the date of this order; or, petitioner may file a notice of exhaustion if he has fully exhausted his state court remedies. Respondent may file an opposition to the request for a stay within 14 days from the date of filing of the stay request. The Clerk shall substitute Suzanne M. Peery, Warden of CCC, as respondent.(Yin, K)
March 13, 2018
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/13/18 ORDERING this case be randomly assigned to a District Court Judge. Also, RECOMMENDING that petitioner's application for a writ of habeas corpus be dismissed with prejudice based on lack of jurisdiction. IT IS FURTHER RECOMMENDED, that respondent's motion to dismiss be denied as moot in light of this court's lack of jurisdiction. MOTION to DISMISS 7 assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
April 27, 2018
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ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge John A. Mendez on 4/26/2018 DISMISSING with prejudice Petitioner's 1 Application for a writ of habeas corpus based on lack of jurisdiction; Respondent's 7 Motion to Dismiss is DENIED as moot; The court DECLINES to issue the Certificate of Appealability. CASE CLOSED. (Fabillaran, J)