Day v. Ives
Petitioner: Steven Day
Respondent: Richard B. Ives
Case Number: 2:2011cv00056
Filed: January 6, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Gregory G. Hollows
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
August 13, 2012 Opinion or Order Filing 31 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 08/13/12 recommending that this action be dismissed as moot or in the alternative for petitioner's failure to follow court orders and for failing to keep the court apprised of his current address. Referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
July 18, 2012 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Gregory G. Hollows on 07/18/12 ordering that petitioner shall show cause within 14 days why this case should not be dismissed as moot as petitioner has been released from custody. (Plummer, M)
February 27, 2012 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Gregory G. Hollows on 02/27/12 ordering respondent is directed to file an answer within 28 days from the date of this order. Respondent shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application. Petitioner's traverse, if any, is due on or before 28 days from the date respondent's answer is filed. (Plummer, M)
January 31, 2012 Opinion or Order Filing 27 ORDER signed by Judge Lawrence K. Karlton on 1/30/2012 ADOPTING 24 Findings and Recommendations except with respect to the magistrate judges finding that the petition should be dismissed because petitioner did not present sufficient evidence that he requested RDAP prior to 3/16/2009; DENYING 17 Motion to Dismiss; REMANDING this matter to the magistrate judge for further proceedings consistent with this order. (Michel, G)
November 15, 2011 Opinion or Order Filing 24 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/14/2011 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that respondent's 17 motion to dismiss be granted and this case dismissed. Assigned and Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)
September 20, 2011 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/19/11 ORDERING that within 28 days respondent shall file additional exhibits regarding petitioner's appeal history to demonstrate that petitioner actually failed to properly exhaust this c laim. Additionally, respondent shall address and file any exhibits that are necessary which discuss if petitioner did or did not request RDAP prior to 3/16/09. If no exhibits exist to shed light on these claims respondent shall provide a declaration from the prison stating that there are no records that address these issues. (Kastilahn, A)
July 5, 2011 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/5/2011 DENYING 11 petitioner's motion for appointment of counsel, without prejudice to a renewal of the motion at a later stage of the proceedings. (Reader, L)
May 9, 2011 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Gregory G. Hollows on 05/09/11 granting 6 Motion to Proceed IFP. Petitioner shall file a memorandum of law in support of his petition within 14 days or the petition will be dismissed without prejudice. (Plummer, M)
March 3, 2011 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Gregory G. Hollows on 03/03/11 ordering petitioner shall submit within 28 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. Petitioner's motion to file a memorandum 2 is granted and he has 28 days from the date of service of this order to file a memorandum in s upport of his petition. Respondent is directed to file an answer or a motion to dismiss within 28 days after petitioner files his memorandum. The clerk of the court shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 USC 2241 on the United States Attorney. (Plummer, M)
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Petitioner: Steven Day
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Respondent: Richard B. Ives
Represented By: Mark Joseph McKeon
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