Martin v. Walker
| O. Z. Martin |
| J Walker |
| 2:2009cv01929 |
| July 15, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Lawrence K. Karlton |
| Gregory G. Hollows |
| 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
16
ORDER signed by Magistrate Judge Gregory G. Hollows on 1/8/10 ORDERING that within 14 days of the date of this order, respondent shall submit under seal the 12/2/07, CDC 1030 confidential disclosure form and the 11/20/07, confidential memorandum discussed in the at-issue rules violation report.(Dillon, M)
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Filing
13
ORDER signed by Senior Judge Lawrence K. Karlton on October 14, 2009 ORDERING that the findings and recommendations filed July 29, 2009, are adopted in full;Petitioner's Eighth Amendment claim is dismissed without prejudice; and Petitioner may f ile his Eighth Amendment claim in a separate 42 U.S.C. § 1983 complaint, however, the court makes no decision as to whether this claim would be timely, under the relevant statute of limitations, or whether Petitioner exhausted administrative remedies, as required by the Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321. (Becknal, R)
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Filing
7
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/28/09 ORDERING that petitioner's 2 application to proceed IFP is GRANTED; respondents to file a response to the petition for writ of habeas corpus w/in 6 0 days; reply due w/in 30 days of answer; if response is a motion, opposition or statement of non-opposition due w/in 30 days of motion, reply due w/in 15 days thereafter; and clerk to serve copies of this order along w/ the petition for writ of habe as corpus and the form re consent or reassignment on Michael Patrick Farrell; and RECOMMENDING that petitioner's Eighth Amendment claim be dismissed w/ prejudice; Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 20 days. (cc: Michael Farrell)(Yin, K)
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| Petitioner: O. Z. Martin | |
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| Respondent: J Walker | |
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