Montgomery v. Perry
| Aaron Montgomery |
| S. Perry |
| 2:2015cv01220 |
| June 5, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
61
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/23/2021 DENYING 60 Motion for Reconsideration. (Coll, A)
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Filing
59
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/5/21 DENYING 58 petitioner's motion for reconsideration construed as a request for relief from judgment. (Kastilahn, A)
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Filing
56
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/17/2021 GRANTING 53 Findings and Recommendations in full; DISMISSING 1 Petition for Writ of Habeas Corpus without prejudice for failure to prosecute; and DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Coll, A)
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Filing
53
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/21/20 ORDERING the Stay of this case is Lifted. Also, RECOMMENDING that petitioner's petition for writ of habeas corpus 1 be dismissed without prejudice for failure to prosecute. Referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
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Filing
50
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 07/17/19 DENYING 49 petitioners request for court files and transcripts. Within 30 days of the filing of this order, petitioner must show cause why the stay should not be lifted and this case dismissed for failure to prosecute.(Plummer, M)
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Filing
35
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/19/2016 ORDERING petitioner's 20 motion for a court order and a copy of the rules of court is DENIED. Petitioner's 31 motion for reconsideration is co nstrued as a renewed request to proceed ifp and request to refund the filing fee and is GRANTED. Within 21 days, petitioner must provide his mother's name and address so the Clerk can issue a refund of the filing fee. IT IS RECOMMENDED that pe titioner's 27 motion for a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), be granted. Petitioner be directed to immediately proceed to exhaust his state remedies. Petitioner be directed to inform the court, within 30 days of a decision by the state's highest court exhausting his new claims, and that time request for a lift of the stay and file an amended petition setting forth all claims. Petitioner be directed to file a case status report every 60 days, advising the court of progress of his state habeas petition. The Clerk be directed to administratively close this case. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (cc: Financial) (Yin, K)
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Filing
29
ORDER signed by Magistrate Judge Allison Claire on 2/22/2016 VACATING respondent's deadline to respond to the petition. Within 21 days, respondent may file a response to petitioner's 27 request for stay and abeyance under Kelly. Respondent is not required to respond to the request for stay, but the absence of a response will be deemed consent to the issuance of a stay. (Yin, K)
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Filing
14
ORDER signed by Magistrate Judge Allison Claire on 10/15/15 ordering within 21 days of the filing of this order, petitioner must advise the court whether he has exhausted the following claims in state court: 1) that the trial court erred in failing t o instruct the jury on the lesser included offense of battery. 2) that the trial court erred by failing to instruct the jury it could consider petitioner's intoxication and that trial counsel was ineffective because he failed to request such an instruction. Petitioner's motion to proceed in forma pauperis 13 is denied as moot. (Plummer, M)
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Filing
11
ORDER signed by Magistrate Judge Allison Claire on 8/25/2015 DENYING petitioner's 10 motion to stay without prejudice to a motion in proper form. If plaintiff seeks a stay pending exhaustion of unexhausted claims, he must file a motion for stay and abeyance within 30 days. The motion must be in accordance with the appropriate procedures. (Yin, K)
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Filing
9
ORDER signed by Magistrate Judge Allison Claire on 8/7/15 ORDERING that Petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)
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Filing
8
ORDER signed by Magistrate Judge Allison Claire on 7/16/15 ORDERING that 7 Motion to Stay is DENIED without prejudice to a motion in proper form. If plaintiff seeks a stay pending exhaustion of unexhausted claims, he must file a motion for a stay and abeyance within thirty days of the filing of this order. The motion must be in accordance with the appropriate procedures.(Dillon, M)
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Filing
2
ORDER transferring case to the Sacramento Division signed by Magistrate Judge Barbara A. McAuliffe on 6/8/2015. (Lundstrom, T)
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| Petitioner: Aaron Montgomery | |
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| Respondent: S. Perry | |
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