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07-2650 - LOMBARD v. KLEM et al


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07-2650 - LOMBARD v. KLEM et al
February 11, 2008
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MEMORANDUM AND ORDER THAT RESPONDENTS' MOTION TO WITHDRAW FIGITIVE BASIS FOR DISMISSAL IS GRANTED; THE COURT WILL CONSIDER THE DISTRICT ATTORNEY'S MOTION TO DISMISS THE PETITION FOR HABEAS CORPUS ON THE BASIS OF FAILURE TO PROSECUTE ONLY. THE CLERK OF COURT SHALL FORWARD A COPY OF THE DOCKET ENTRIES, THE PETITION, THIS MEMORANDUM AND ORDER, THE MOTION TO DISMISS THE PETITION FOR WRIT OF HABEAS CORPUS, AND THE MOTION TO WITHDRAW FUGITIVE BASIS FOR DISMISSAL TO GENE LOMBARD, ETC. IT IS FURTHER ORDERED THAT NO LATER THAN 3/12/08, PETITIONER SHALL OFFICIALLY NOTIFY THE CLERK OF COURT OF HIS CHANGE OF ADDRESS AND ADVISE THE COURT IF HE WISHES TO PROCEED WITH HIS BABEAS PETITION, ETC.. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 2/11/08. 2/12/08 ENTERED AND COPIES MAILED, E-MAILED.(pr, ) (
June 30, 2008
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MAGISTRATE JUDGE ELIZABETH T. HEY'S REPORT AND RECOMMENDATION THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE DISMISSED AS UNTIMELY FILED. THERE HAS BEEN NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT REQUIRING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. PETITIONER MAY FILE OBJECTIONS TO THE REPORT AND RECOMMENDATION. OBJECTIONS TO R&R DUE BY 7/21/2008. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 6/30/08. (Attachments: # (1) ORDER) 6/30/08 ENTERED AND COPIES MAILED, E-MAILED.(pr, ) Modified on 7/2/2008 (pr, ).
July 28, 2008
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ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED BY THIS COURT AS ITS OWN; THE PETITION FOR WRIT OF HABEAS CORPUS FILED PURSUANT TO 28 USC, SECTION 2254 IS DENIED AND DISMISSED AS UNTIMELY FILED; AND THERE IS NO BASIS FOR ISSUANCE OF A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE JAMES T. GILES ON 7/28/08. 7/28/08 ENTERED AND COPIES MAILED, E-MAILED.(pr, )