Kirk v. DVI - R/C
Petitioner: Larry W Kirk
Respondent: DVI - R/C
Case Number: 2:2009cv00668
Filed: March 11, 2009
Court: US District Court for the Eastern District of California
Office: Habeas Corpus (General) Office
County: San Joaquin
Presiding Judge: Craig M. Kellison
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
April 24, 2012 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Timothy J. Bommer on 4/23/2012. Petitioner's 1 Application for Writ of Habeas Corpus is DENIED. Certificate of Appealabiity SHALL ISSUE as to first claim ONLY. Clerk directed to CLOSE this case. (Marciel, M)
September 2, 2011 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Timothy J. Bommer on 9/1/11 ORDERING that Respondent's request to file the report of Dr. Hoffman (Clerk's Tr. at p. 13-18) under SEAL is GRANTED. (Becknal, R)
July 26, 2011 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Timothy J. Bommer on 7/26/11 ORDERING that Respondent shall file the report of Dr. Hoffman as indicated in the Clerk's Transcript on p. 13-18 within seven (7) days of this Order. (Becknal, R)
July 6, 2011 Opinion or Order Filing 37 ORDER by Chief Judge Anthony W. Ishii; Due to the appointment of Recalled Magistrate Judge Timothy J. Bommer to the bench of the Eastern District, this action is REASSIGNED from Magistrate Judge Craig M. Kellison to Magistrate Judge Timothy J. Bommer for all further proceedings. (Donati, J)
May 11, 2011 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Craig M. Kellison on 05/10/11 ordering that a response to the 3rd amended petition 30 shall be filed within 30 days of the date of this order. (Plummer, M)
September 15, 2010 Opinion or Order Filing 27 ORDER granting 16 Motion to Dismiss signed by Magistrate Judge Craig M. Kellison on 9/15/10: Petitioner's second amended petition is dismissed as a mixed petition 8 . Petitioner may file a third amended petition within 30 days of the date of this order, raising only exhausted claims. (Kaminski, H)
May 7, 2010 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Craig M. Kellison on 05/07/10 ordering the clerk of the court is directed to forward to petitioner the court's consent election order. Petitioner shall complete and file the consent election form within 30 days of the date of this order. (Plummer, M)
November 19, 2009 Opinion or Order Filing 15 ORDER denying 14 Motion to Appoint Counsel signed by Magistrate Judge Craig M. Kellison on 11/18/09. (Plummer, M)
October 9, 2009 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Craig M. Kellison on 10/9/09 ORDERING respondent to file a response to the second amended petition w/in 60 days; traverse/reply or opposition/statment of non-opposition due w/in 30 days of response; and the clerk to serve a copy of this order, a copy of the second amended petition and the Order re Consent on the Attorney General. (cc: Michael Farrell)(Yin, K)
August 6, 2009 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Craig M. Kellison on 8/5/09 ORDERING that petitioners amended petition for writ of habeas corpus 6 appears tostate a claim for violation of his due process rights, but not ineffective assistance of counsel; Petition er is provided an opportunity to file a second amended petition to clarify his claims, within 30 days of the date of this order; Clerk is directed to send petitioner the courts form habeas corpus application; and Clerk is directed to terminate DVI-R/C and Mathew Cateas respondents to this action, and update the caption to name the proper respondent, S.M. Salinas. Respondents DVI-R/C and Mathew Cate terminated.(Dillon, M)
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Petitioner: Larry W Kirk
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Respondent: DVI - R/C
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