Luna v. Mule Creek State Pri, et al
Case Number: 2:2004cv00627
Filed: March 29, 2004
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Frank C. Damrell
Presiding Judge: Gregory G. Hollows
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
October 28, 2016 Opinion or Order Filing 86 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/26/16 RECOMMENDING that the petition be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
February 4, 2016 Opinion or Order Filing 74 ORDER ADOPTING 72 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 2/2/2016. The 15 First Amended Petition is REINSTATED as timely filed based on equatible tolling principles. All previous Orders dismissing Petition are VACATED. Respondent directed to file an Answer to 15 Amended Petition within 60 days from date this Order is electronically filed. An Answer shall be accompanied by all transcripts and other documents relevant to issues presented in Petition. Petitioner's Reply, if any, shall be filed and served within 30 days after service of respondent's Answer. (Marciel, M)
December 23, 2015 Opinion or Order Filing 72 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/23/2015 RECOMMENDING that the 15 amended petition be reinstated as timely filed based on equitable tolling principles, and all previous orders dismissing the petition be vacated. Respondent should be directed to file an answer to the amended petition within 60 days from the date of an order adopting these findings and recommendations. Petitioner's reply, if any, should be filed and served within 30 days after service of the answer. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days. (Yin, K)
December 22, 2015 Opinion or Order Filing 70 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/21/2015 RECOMMENDING that the 15 amended petition, filed 6/3/2011, be reinstated as timely filed based on equitable tolling principles, and all previous orders dis missing the petition be vacated; respondent be directed to file an answer to the amended petition within 60 days of an order adopting these findings and recommendations; petitioner's reply, if any, shall be file and served within 30 days after service of the answer; and the 1 petition for writ of habeas corpus be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days. (Yin, K)
October 19, 2015 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/19/2015 ORDERING respondent to file a brief on the issue of petitioner's diligence, or a statement of non-opposition to the potential finding of diligence, within 28 days. Petitioner may file a response to any brief in opposition within fourteen days thereafter.(Yin, K)
October 7, 2015 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/06/15 granting 65 Motion to expand the record. All exhibits submitted by petitioner in connection with the motion are admitted into the record. The hearing scheduled for 10/15/15 is vacated. (Plummer, M)
August 7, 2015 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/6/15 ORDERING that within twenty-one days of this order, Petitioner shall submit documentation in support of a request to expand the record, and/or request an evidentiary hearing. (Mena-Sanchez, L)
May 25, 2012 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/25/12 ORDERING that the CD shall be filed under seal in the court file and neither respondent nor any other party shall be provided access to the CD unless express permission is provided by the court. (Dillon, M)
May 10, 2012 Opinion or Order Filing 46 STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 5/9/2012 and agreed between the parties to EXTEND the time to file objections to the findings and recommendations to 6/18/2012. (Yin, K)
May 3, 2012 Opinion or Order Filing 43 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/2/2012 RECOMMENDING that the 32 motion to dismiss be granted and this case closed. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
March 16, 2012 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Gregory G. Hollows on 03/16/12 ordering the order to show cause is discharged. The hearing is moved to 04/12/12. Petitioner's opposition to the motion to dismiss is due on 03/26/12 and a reply, if any is due on 04/05/12. Set Deadlines/Hearing as to 32 Motion to Dismiss ( Motion Hearing set for 4/12/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows.) (Plummer, M)
March 14, 2012 Opinion or Order Filing 36 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 3/13/12 ORDERING that Petitioner shall show cause why this action should not be dismissed for failure to prosecute. The order to show cause will also be heard on March 22, 2012, the same day as the hearing on the motion to dismiss which will proceed.(Dillon, M)
January 10, 2012 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/9/12 ORDERING that the hearing scheduled for February 16, 2012, is moved to March 22, 2012. (Dillon, M)
September 13, 2011 Opinion or Order Filing 23 SUBSTITUTION OF COUNSEL AND ORDER signed by Magistrate Judge Gregory G. Hollows on 09/12/11 ordering that Barry Morris is hereby substituted as counsel for plaintiff in place of Joseph Wiseman. (Plummer, M)
August 11, 2011 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Gregory G. Hollows on 08/10/11 ORDERING that the 21 Motion for Extension of Time is GRANTED; petitioner's status report is due 09/27/11. (Benson, A.)
August 2, 2011 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/2/11 ORDERING that until the action has been adjudicated, the undersigned declines to award attorneys fees. Should the action not be dismissed on limitations grounds, the undersigned will reconsider this order.(Dillon, M)
June 9, 2011 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Gregory G. Hollows on 6/8/11 ORDERING that petitioner shall show cause within 21 days why the petition should not be dismissed for being filed beyond the one year statute of limitations. (Dillon, M)
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