Valdiosera v. Swarthout et al
Petitioner: Octavio Valdiosera
Respondent: Gary Swarthout and Board of Parole Hearings
Case Number: 2:2009cv03055
Filed: November 3, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Kimberly J. Mueller
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
October 17, 2011 Opinion or Order Filing 25 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/16/2011 ORDERING that the 22 Order to Show Cause is DISCHARGED; and ptnr's 23 motion for a stay is DENIED; and RECOMMENDING that claim one in ptnr's 1 application for a writ of habeas corpus be denied; and this case be closed. Referred to Judge Morrison C. England, Jr.; Objections due w/in 21 days. (Yin, K)
June 1, 2011 Opinion or Order Filing 22 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 5/31/2011 ORDERING ptnr to show cause w/in 21 days why ptnr's "Marsy's Law" claim should not be stayed pending the outcome of the same claim in Gilman v. Fisher, CIV-S-05-0830 LKK GGH P; respondent may file a response to ptnr's brief w/in 7 days of service thereof.(Yin, K)
May 16, 2011 Opinion or Order Filing 21 ORDER adopting in part and rejecting in part 19 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 5/13/11. Petitioner's application for writ of habeas corpus is DENIED with respect to Petitioner's challenge to the state's denial of his parole. The matter is REMANDED to the magistrate judge for further proceedings consistent with this Order. (Kastilahn, A)
March 3, 2011 Opinion or Order Filing 19 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/3/2011 RECOMMENDING that ptnr's 1 application for writ of habeas corpus be denied. Referred to Judge Morrison C. England, Jr.; Objections due w/in 14 days. (Yin, K)
February 2, 2011 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Gregory G. Hollows on 02/02/11 ordering the parties have 21 days to provide simultaneous supplemental briefing, in light of the very recent decision noted above, demonstrating why claim B in petitioner's habeas petition should not be denied. The court will not look with favor upon requests for extensions of time. (Plummer, M)
April 28, 2010 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/27/10 ORDERING that the respondent is directed to file a response within 60 days; the Clerk shall serve a copy of this order, the petition and the form regarding consent or request for reassignment on Michael Farrell, SAAG. (cc: M. Farrell). (Becknal, R)
November 19, 2009 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/19/09 ordering plaintiff 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. (Plummer, M)
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Petitioner: Octavio Valdiosera
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Respondent: Gary Swarthout
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Respondent: Board of Parole Hearings
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