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11-6410 - Hand v. Swarthout


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11-6410 - Hand v. Swarthout
February 22, 2012
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ORDER OF DISMISSAL. The deadline has since passed, and Petitioner has not complied. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. The Clerk shall terminate any pending motions and close the file. Signed by Judge Edward J. Davila on 2/22/2012. (ecg, COURT STAFF) (Filed on 2/22/2012)
April 16, 2012
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ORDER GRANTING EXTENSION OF TIME TO FILE MOTION FOR RECONSIDERATION. Petitioner shall file a motion showing good cause why this case should be reopened with any supporting documentation, along with the proof of payment of the filing fee or a complete in forma pauperius application, no later than April 22, 2012.. Signed by Judge Edward J. Davila on 4/12/2012. (ecg, COURT STAFF) (Filed on 4/16/2012)
September 4, 2012
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Signed by Judge Edward J. Davila on 8/31/2012. (Attachments: # (1) Certificate of Funds)(ecg, COURT STAFF) (Filed on 9/4/2012)ORDER GRANTING SECOND EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIUS APPLICATION. In the interest of justice, the Court will construe Petitioner's April 27, 2012 letter as a motion for reconsideration. However, the Court will not reopen this action until Petitioner has completed his IFP application by filing a Certificate of Funds in Prisoner's Account completed and signed by an authorized prison official. In the alternative, Petitioner may pay the $5.00 filing fee. Petitioner must either file the completed Certificate of Funds or pay the filing fee no later than September 28, 2012. The Clerk shall enclose two blank copies of the Certificate of Funds in Prisoner's Account with a copy of this order to Petitioner.
October 9, 2012
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ORDER GRANTING MOTION FOR RECONSIDERATION; VACATING JUDGMENT AND REOPENING CASE; GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. The Judgment entered on February 2, 2012, (Docket No. 5) is VACATED. The Court will conduct an initial review of the petition in a separate order. The Clerk shall reopen the file. Signed by Judge Edward J. Davila on 10/5/2012. (ecg, COURT STAFF) (Filed on 10/9/2012)
April 11, 2013
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ORDER OF DISMISSAL WITH LEAVE TO AMEND. The petition is DISMISSED with leave to amend. Petitioner must, within twenty-eight (28) days of the date this order is filed, file an amended petition challenging the lawfulness of the state conviction for which he is currently incarcerated. The amended petition must include the caption and civil case number used in this order, No. C 11-06410 EJD (PR), and must include the words AMENDED PETITION on the first page. Failure to file a timely response in accordance with this order will result in the dismissal of this action without prejudice and without further notice toPetitioner. Signed by Judge Edward J. Davila on 4/11/2013. (ecg, COURT STAFF) (Filed on 4/11/2013)
May 20, 2013
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ORDER OF DISMISSAL. Accordingly, this case is DISMISSED without prejudice for failure to file an amended petition. the court shall terminate any pending motions and close the file. Signed by Judge Edward J. Davila on 5/16/2013. (ecg, COURT STAFF) (Filed on 5/20/2013)
May 24, 2013
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ORDER VACATING JUDGMENT AND REOPENING CASE. Accordingly, the Judgment entered on May 20, 2013, (Docket No. 17), is VACATED. The Court will conduct an initial review of the amended petition in a separate order. The Clerk shall reopen the file. Signed by Judge Edward J. Davila on 5/24/2013. (ecg, COURT STAFF) (Filed on 5/24/2013)
November 6, 2013
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ORDER TO SHOW CAUSE - Respondent shall file an answer or dispositive motion in response to the amended petition on or before 2/25/2014. Signed by Judge William H. Orrick on 11/06/2013. (jmdS, COURT STAFF) (Filed on 11/6/2013)
August 4, 2014
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ORDER GRANTING RESPONDENT'S MOTION TO DISMISS; DIRECTIONS TO PETITIONER by Hon. William H. Orrick granting 28 Motion to Dismiss. Hand is directed to file a response to this order on or before September 8, 2014. (Attachments: # (1) Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 8/4/2014)
September 17, 2014
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ll take place in this action until the Court decides further action is appropriate, or until Hand exhausts the unexhausted claim and, within thirty days of doing so, moves both to reopen this action and to lift the stay. The action is STAYED until Hand files a motion to reopen. The Clerk shall ADMINISTRATIVELY CLOSE the file pending the stay of this action. The 20 order to show cause is DISCHARGED. (Attachments: # (1) Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 9/17/2014)ORDER STAYING ACTION by Hon. William H. Orrick granting 35 Motion to Stay. Hand's motion to amend the petition to include the unexhausted claim, and his motion to stay the newly-amended petition under Rhines, are GRANTED. Nothing further wi
January 29, 2016
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ORDER REOPENING ACTION AND DISSOLVING THE STAY; ORDER SETTING BRIEFING SCHEDULE - Respondent shall file a response to this order on or before March 14, 2016. Hand's response, if any, is due thirty days later. Signed by Judge William H. Orrick on 01/29/2016. (Attachments: # (1) Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 1/29/2016)
April 8, 2016
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ORDER EXTENDING TIME Motions terminated: 47 MOTION for Extension of Time to File filed by Ricky A. Hand. Hand's response shall be filed on or before May 16, 2016. Signed by Judge William H. Orrick on 04/08/2016. (Attachments: # (1) Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 4/8/2016)
September 13, 2016
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ORDER STAYING ACTION. Nothing further will take place in this action until the Court decides further action is appropriate, or until Hand exhausts the unexhausted claim and, within thirty days of doing so, moves both to reopen this action and to lift the stay. The Clerk shall ADMINISTRATIVELY CLOSE the file pending the stay of this action. Signed by Judge William H. Orrick on 09/13/2016. (Attachments: # (1) Certificate/Proof of Service)(jmdS, COURT STAFF) (Filed on 9/13/2016)
July 7, 2017
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ORDER DISSOLVING STAY; ORDER TO SHOW CAUSE - Signed by Judge William H. Orrick on 07/07/2017. Respondent shall file an answer to, or a dispositive motion regarding, the remaining claim on or before September 12, 2017. Hand may file a response to the answer or motion within 30 days after the answer or motion is filed. (Attachments: # (1) Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 7/7/2017)
May 11, 2018
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ORDER OF DISMISSAL. Respondents motion to dismiss the petition as untimely is GRANTED. A certificate of appealability will not issue. Signed by Judge William H. Orrick on 05/11/2018. (Attachments: # (1) Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 5/11/2018)