Simmons v. Warden, Salinas Valley State Prison

Petitioner: Walter Simmons
Respondent: Warden, Salinas Valley State Prison
Case Number: 2:2009cv00108
Filed: January 13, 2009
Court: US District Court for the Eastern District of California
Office: Habeas Corpus (General) Office
County: Monterey
Presiding Judge: John F. Moulds
Presiding Judge: John F. Moulds
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 13, 2010 Opinion or Order Filing 31 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 09/13/10 ORDERING that respondent's 02/09/10 request for leave to file a supplemental reply brief 28 is granted. Also, RECOMMENDING that respondent's 04/ 02/09 motion to dismiss be granted. This action be dismissed as barred by the statute of limitations; and the district court decline to issue a certificate of appealability. Motion to Dismiss 11 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
December 23, 2009 Opinion or Order Filing 23 [VACATED per 25 Order] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 12/22/09 RECOMMENDING that 11 Motion to Dismiss be granted; and this action be dismissed as barred by the statute of limitations. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M) Modified on 12/31/2009 (Dillon, M).
November 13, 2009 Opinion or Order Filing 19 ORDER signed by Magistrate Judge John F. Moulds on 11/12/09 ordering petitioner is granted a periord of 30 days from the date of this order to file any evidence he has which supports the contention that he is entitled to equitable tolling of the limitation period due to mental illness. Respondent is granted 10 days thereafter to file additional evidence in support of the motion to dismiss. (Plummer, M)
January 27, 2009 Opinion or Order Filing 4 ORDER signed by Magistrate Judge John F. Moulds on 1/26/09 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. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M) Modified on 1/28/2009 (Yin, K).

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Petitioner: Walter Simmons
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Respondent: Warden, Salinas Valley State Prison
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