Xabandith v. Horel
Petitioner: Phanhaha Xabandith
Respondent: Robert A. Horel
Case Number: 2:2009cv02550
Filed: September 4, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A. Drozd
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
January 6, 2012 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Timothy J. Bommer on 1/6/12 GRANTING 43 Motion for Extension. Petitioner shall file his objections to the Magistrate Judge's Findings and Recommendations on or before 2/12/12. (Meuleman, A)
December 20, 2011 Opinion or Order Filing 42 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Timothy J. Bommer on 12/20/2011 ORDERING that this matter shall hereinafter be captioned: PHANHNHA XABANDTIH, Petitioner vs. FRANCISCO JACQUEZ, Respondent. It is recommending that the 12 petition for writ of habeas corpus be DENIED; Petition is referred to Judge Lawrence K. Karlton; Objections due within twenty-one days after being served with these findings and recommendations. (Duong, D)
November 21, 2011 Opinion or Order Filing 41 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 Dale A. Drozd to Magistrate Judge Timothy J. Bommer for all further proceedings. The District Judge currently assigned to the case will remain unchanged. (Donati, J)
November 14, 2011 Opinion or Order Filing 40 ORDER adopting 38 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Lawrence K. Karlton on 11/10/11: Petitioner's motion to amend is denied 31 . (Kaminski, H)
August 12, 2011 Opinion or Order Filing 38 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 08/11/11 recommending that petitioner's motion to amend 31 be denied. MOTION to AMEND 31 referred to Judge Lawrence K. Karlton. Objections due within 21 days. (Plummer, M)
March 28, 2011 Opinion or Order Filing 27 ORDER ADOPTING 24 FINDINGS and RECOMMENDATIONS, in full, signed by Senior Judge Lawrence K. Karlton on 3/28/2011. Respondent's 17 Motion to Dismiss is DENIED and he is directed to respond to Habeas Petition w/in 60 days from date of this Order. Petitioner directed to file Reply w/in 30 days after service of Answer. Petitioner's 26 Motion for Extension of Time is DENIED as MOOT. (Marciel, M)
January 31, 2011 Opinion or Order Filing 24 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/31/2011 ORDERING the clerk to substitute Francisco Jacquez, Acting Warden, as respondent in this case; and RECOMMENDING that respondent's 17 motion to dismiss the habeas petition as untimely be denied; and respondent be ordered to file an answer. Referred to Judge Lawrence K. Karlton; Objections due w/in 21 days. (Yin, K)
February 4, 2010 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Dale A. Drozd on 2/3/10 DIRECTING RESPONDENT to File a Response to Petition within 60 days. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General. The 11 FINDINGS AND RECOMMENDATIONS are VACATED. (cc Michael Farrell)(Dillon, M)
December 23, 2009 Opinion or Order Filing 11 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/22/09 ORDERING the clerk of the court shall randomly assign a U.S. District Judge to this action. U.S. District Judge Lawrence K. Karlton randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections due within 21 days. (Plummer, M)
November 9, 2009 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Dale A. Drozd on 11/06/09 ordering petitioner shall file an amended petition within 30 days of the date of service of this order. The clerk of the court is directed to send petitioner the form for habeas corpus application. (Plummer, M)
October 9, 2009 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Dale A. Drozd on 10/08/09 granting 6 Motion to Proceed IFP. Petitioner's application for writ of habeas corpus is dismissed with leave to file an amended petition within 30 days from the date of this order. The clerk of the court shall send petitioner the form for habeas corpus application. (Plummer, M)
September 16, 2009 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Dale A. Drozd on 9/16/09 ODERING petitioner to submit, w/in 30 days, an affidavit in support of his request to proceed ifp or the appropriate filing fee; and the clerk to send petitioner an ifp form.(Yin, K)
September 11, 2009 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Gary S. Austin on 09/11/09 CASE TRANSFERRED to Sacramento Division. The new case number is 2:09-cv-2550 DAD (HC). (Plummer, M) Modified on 9/15/2009 (Plummer, M).
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Petitioner: Phanhaha Xabandith
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Respondent: Robert A. Horel
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