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06-4767 - de la Garza v. Fabian


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06-4767 - de la Garza v. Fabian
July 17, 2007
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REPORT AND RECOMMENDATION 1. Respondent's Motion to Dismiss, (Docket No. 15), be granted in part, and denied in part; 2. Grounds Two through Eleven of Petitioner's habeas corpus petition be denied, and dismissed, with prejudice;3. Respondent be ordered to file a comprehensive answer to Ground One ofPetitioner's habeas corpus petition, showing cause why Petitioner should not be granted a writ of habeas corpus on that claim; and 4. Petitioner's motion for appointment of counsel, (Docket No. 27), motion for discovery, (Docket No. 30), motion for an evidentiary hearing, (Docket No. 32), and motion for stay, (Docket Nos. 19 and 36), be denied. Objections to R&R due by 8/3/2007. Signed by Magistrate Judge Jeanne J. Graham on 7/17/07. (VEM)
August 31, 2007
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ORDER ADOPTING 44 Report and Recommendation; OVERRULING 45 Objections; GRANTING IN PART and DENYING IN PART 15 Motion to Dismiss; DENYING and DISMISSING WITH PREJUDICE Grounds Two through Eleven of Petitioner's habeas corpus petition; DENYING 36 Motion to Stay; DENYING 19 Motion to Stay; DENYING 27 Motion to Appoint Counsel; DENYING 30 Motion for Discovery; DENYING 32 Motion for Hearing; Respondent is ordered to file by September 30, 2007 a comprehensive answer to Ground One of Petitioner's habeas corpus petition. (Written Opinion). Signed by Judge Richard H. Kyle on 08/31/07. (rhks)
January 23, 2008
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REPORT AND RECOMMENDATION. 1. De la Garza's petition for a writ of habeas corpus under 28 U.S.C. ยง 2254 (Doc. No. 1) be DENIED. 2. De la Garza's motion for summary judgment (Doc. No. 40) be DENIED. 3. De la Garza' s motion for other relief (Doc. No. 52) be DENIED. 4. This litigation be closed and judgment entered. Objections to R&R due by 2/5/2008. Signed by Magistrate Judge Jeanne J. Graham on January 23, 2008. (dch)
March 3, 2008
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ORDER ADOPTING 57 Report and Recommendation, OVERRULING 58 Objections, DENYING 1 Petition for Writ of Habeas Corpus, DENYING 40 Motion for Partial Summary Judgment; DENYING 52 Motion for other relief. (Written Opinion). Signed by Judge Richard H. Kyle on 03/03/08. (rhks)
April 25, 2008
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ORDER GRANTING 63 Motion for Certificate of Appealability for the following claim: Is Petitioner entitled to a writ of habeas corpus, because he was prevented from consulting with his attorney on the evening before his trial commenced, thereby violating his Sixth Amendment right to counsel. (Written Opinion). Signed by Judge Richard H. Kyle on 04/25/08. (rhks) Modified on 4/25/2008 (JMH).