Chavez v. Yates
| Fernando Miranda Chavez |
| James A. Yates |
| 2:2009cv01876 |
| July 9, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Tehama |
| Dale A. Drozd |
| Dale A. Drozd |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
47
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Charlene H. Sorrentino on 12/15/11 RECOMMENDING that the 31 Amended Petition for Writ of Habeas Corpus be denied and a Certificate of Appealablility not issue. Objections to these F&Rs due within 21 days; referred to Judge Kimberly J. Mueller. (Benson, A.)
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Filing
34
ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 4/5/11 ORDERING that within 14 days from the date of this order respondent shall file and serve an answer to the amended petition for writ of habeas corpus and shall show cause in writing why sanctions should not be imposed due to respondents failure to timely file an answer.(Dillon, M)
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Filing
32
ORDER signed by Magistrate Judge Dale A. Drozd on 12/10/10 ORDERING that 30 Motion to lift stay is GRANTED; Clerk of the Court is directed to re-open this case; Respondent is directed to file a response to petitioners 11/29/10 amended petition within sixty days from the date of this order. (Dillon, M)
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Filing
25
ORDER signed by Magistrate Judge Dale A. Drozd on 8/9/2010 ORDERING that the court's 22 Order to Show Cause is DISCHARGED; and in accordance w/ the 3/10/10 order, ptnr to file and serve a status report on the first court day of ea month; ptnr to also file and serve a motion to lift the stay, along w/ a proposed amended petition, w/in 30 days after ptnr is served w/ the CA Supreme Court's order disposing of the state exhaustion petition. (Yin, K)
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Filing
22
ORDER signed by Magistrate Judge Dale A. Drozd on 7/12/2010 ORDERING that w/in 21 days, petitioner to file and serve a status report explaining the status of his exhaustion petiton pending before the CA Supreme Court and shall SHOW CAUSE in writing why sanctions should not be imposed for his failure to timely file and serve previous status reports. (Yin, K)
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Filing
18
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 01/29/10 ORDERING petitioner's 09/09/09 motion for an extension of time 14 is denied as unnecessary. Also, RECOMMENDING that petitioner's 06/30/09 motion for a stay and abeyance 2 be granted. Petitioner be ordered to present all unexhausted claims to the California Suprement Court in a further state habeas corpus petition to be filed within 30 days if he has not done so already. This action be sta yed and the clerk of the court be directed to administratively close the case. Petitioner be ordered to file and serve a status report in this case on the first court day of each month. Petitioner be ordered to file and serve a motion to lift the s tay of this action, along with a proposed amended petition containing only exhausted claims within 30 days after petitioner is served with the California Supreme Court order disposing of the state exhaustion petition. MOTION to STAY 2 referred to Judge Frank C. Damrell. Objections due within 21 days.(Plummer, M)
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Filing
13
ORDER signed by Magistrate Judge Dale A. Drozd on 8/24/09 ORDERING that petitioner's 4 motion to proceed IFP is GRANTED; petitioner's 3 motion for appointment of cousel is DENIED; w/in 30 days, petitioner to file a declaration either indicating he wishes to proceed under the Kelly procedure or to proceed under the Rhines procedure together w/ an amended petition; the clerk to send petitioner hc petition form. (Yin, K)
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Filing
6
ORDER OF TRANSFER. Signed by Judge Maxine M. Chesney on July 8, 2009. (mmcsec, COURT STAFF) (Filed on 7/8/2009) [Transferred from cand on 7/9/2009.]
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| Petitioner: Fernando Miranda Chavez | |
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| Respondent: James A. Yates | |
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