West v. Dickinson
| Mack A West, Jr. |
| Kathleen Dickinson |
| 2:2009cv03147 |
| November 12, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Dale A. Drozd |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
139
MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 9/28/2016 DENYING 83 Third Amended Petition for Writ of Habeas Corpus; GRANTING a Certificate of Appealability solely with respect to his claim that the trial court abused its discretion in denying a fourth competency hearing. CASE CLOSED. (Michel, G.)
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Filing
134
ORDER signed by Magistrate Judge Allison Claire on 10/17/14 ORDERING that petitioner file a traverse no later than 90 days from the date of this Order.(Dillon, M)
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Filing
130
ORDER signed by Magistrate Judge Allison Claire on 04/14/14 vacating 116 Motion to Amend the Complaint and denying 129 Motion for Extension of time. Counsel for petitioner shall file a renewed motion for leave to file a fourth amended habeas p etition, together with a proposed fourth amended petition, no later than 7/16/14. Respondent shall have 30 dayd to file any opposition thereto. Petitioner's reply shall be due 14 days after the filing date of any opposition filed by respondent. A further briefing schedule will be set upon resolution of the renewed motion for leave to amend the petition. (Plummer, M)
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Filing
124
ORDER signed by Magistrate Judge Allison Claire on 11/18/13 ORDERING that The Federal Defender is appointed to represent petitioner. The Clerk of the Court is directed to serve a copy of the petition and this order on David Porter, Assistant Fe deral Defender. Petitioners counsel shall contact the Clerks Office to make arrangements for copies of documents in the file. Petitioners counsel is ordered to file a supplemental motion for leave to file a fourth amended § 2254 petition on or before January 17, 2014(Dillon, M)
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Filing
119
ORDER signed by Magistrate Judge Allison Claire on 10/3/2013 DENYING, without prejudice, petitioner's 115 request for appointment of counsel. (Yin, K)
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Filing
113
ORDER signed by Magistrate Judge Allison Claire on 08/19/13 ordering plaintiff's 07/25/13 motion for discovery 111 is granted in part, to the extent that the clerk shall provide plaintiff with a copy of his 04/17/13 reply and exhibits 104 as a one-time courtesy. If plaintiff requires any additional copies in the future, he must order and pay for them at the rate of $.50 per page in accordance with regular Clerk's office policy. In all other respects the motion for discovery to amend habeas petition is denied. Sua sponte, petitioner is granted and additional 30 days from the date of this order in which to file a motion to amend. (Plummer, M)
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Filing
110
ORDER signed by Magistrate Judge Allison Claire on 7/16/13 ORDERING that Petitioners motion for stay and abeyance 101 is DENIED as moot; Petitioners motion for leave to conduct discovery 105 is DENIED without prejudice to renewal at a later s tage in the proceedings; Petitioners motion for a thirty day extension of time to amend or supplement his petition and to exhaust state court remedies 106 is DENIED; Petitioner is granted thirty days from the date of this order in which to fil e and serve a motion to amend to add newly-exhausted claims. The motion must be accompanied by a proposed Fourth Amended Complaint and should address the timeliness of the newly-added claims; The previous deadline for the traverse is vacated and shall be reset following adjudication of the motion to amend; Clerk of Court shall substitute Warden Randy Grounds as the appropriate respondent in this case.(Dillon, M)
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Filing
108
ORDER signed by Magistrate Judge Allison Claire on 06/25/13 denying 107 ex parte emergency notice and asking for help. All other pending motions will be addressed by separate order. (Plummer, M)
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Filing
100
ORDER signed by Magistrate Judge Allison Claire on 02/01/13 ordering the court's 1/04/13 order to show cause 98 is discharged. Petitioner shall file and serve a traverse within 60 days of the filing date of this order. (Plummer, M)
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Filing
98
ORDER signed by Magistrate Judge Allison Claire on 1/03/13 ordering within 30 days of the filing date of this order, defendant shall file a response to plaintiff's request for discovery 96 . Plaintiff may file an optional reply to defendant's response within 30 days after service of defendant's response. All pending deadlines, including petitioner's deadline to file his traverse, are held in abeyance pending disposition of this order to show cause. (Plummer, M)
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Filing
88
ORDER signed by Magistrate Judge Dale A. Drozd on 10/26/12 GRANTING 82 Motion to file a third amended petition for writ of habeas corpus; Respondent shall have 30 days to file and serve a response to petitioners third amended petition for writ of habeas corpus; and petitioners traverse, if any, shall be filed and served within 30 days of service of the answer to the third amended petition for writ of habeas corpus. (Dillon, M)
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Filing
85
ORDER signed by Magistrate Judge Dale A. Drozd on 9/18/12 ORDERING that respondent shall file and serve her opposition, or a statement of non- opposition, to petitioners motion for leave to file a third amended petition within 21 days of the date of this Order. (Dillon, M)
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Filing
79
ORDER signed by Magistrate Judge Dale A. Drozd on 02/01/12 denying 77 Motion to Appoint Counsel and granting 78 Motion for Extension of time. Petitioner shall file and serve a traverse within 30 days of the date of service of this order. (Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Dale A. Drozd on 01/04/12 ordering petitioner's motion to compel 74 is granted in part. The clerk of the court is directed to send petitioner copies of exhibits A through R to respondents answer as well as copies of his original, first amended, and second amended petition. Petitioner's motion for an extension of time 75 is granted. Within 30 days of the date of service of this order, petitioner shall file and serve a traverse. (Plummer, M)
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Filing
73
ORDER signed by Magistrate Judge Dale A. Drozd on 11/22/11 granting 70 Motion for Extension of time. Petitioner is granted 30 days from the date of service of this order in which to file and serve a traverse. Petitioner's motion for appointment of counsel 71 is denied. (Plummer, M)
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Filing
69
ORDER signed by Magistrate Judge Dale A. Drozd on 10/07/11 ordering petitioner's motion 64 is denied. (Plummer, M)
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Filing
68
ORDER signed by Magistrate Judge Dale A. Drozd on 10/05/11 denying 66 Motion to Appoint Counsel. Plaintiff's motion for an extension of time 67 is granted. Petitioner shall file and serve a traverse within 30 days of the date of service of this order. (Plummer, M)
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Filing
60
ORDER signed by Magistrate Judge Dale A. Drozd on 7/5/11 ORDERING that petitioner's 59 June 22, 2011 motion is DENIED. (Duong, D)
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Filing
58
ORDER signed by Magistrate Judge Dale A. Drozd on 6/15/2011 ORDERING that Resp's 35 Motion to Dismiss is DENIED AS MOOT. Ptnr's 51 and 52 Motions for a Stay and Abeyance are DENIED AS MOOT. Resp is directed to file a new reponse to Ptnr's Second Amended Petition within 60 days. Ptnr's 56 and 57 Motions for Preliminary Injunctive Relief are DENIED without prejudice. (Zignago, K.)
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Filing
55
ORDER signed by Magistrate Judge Dale A. Drozd on 4/20/2011 DENYING ptnr's 53 motion(s). (Yin, K)
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Filing
50
ORDER signed by Magistrate Judge Dale A. Drozd on 03/05/11 ordering petitioner's 02/28/11 motion for an extension of time 49 is granted. Petitioner shall file and serve his opposition to respondent's motion to dismiss within 30 days of the date of service of this order. Petitioner's motion for preliminary injunctive relief 46 is denied as moot. (Plummer, M)
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Filing
45
ORDER signed by Magistrate Judge Dale A. Drozd on 10/19/10 ordering petitioner's 10/05/10 and 10/13/10 motions 40 , 44 are denied without prejudice. Petitioner shall file an opposition, if any, to respondent's motion to dismiss within 45 days of the date of service of this order. (Plummer, M)
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Filing
37
ORDER signed by Magistrate Judge Dale A. Drozd on 9/19/10 ORDERING that the 9/14/10 motion "to order respondent to furnish his legal property" 36 is denied without prejudice. (Becknal, R)
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Filing
30
ORDER signed by Magistrate Judge Dale A. Drozd on 08/12/10 petitioner's 07/29/10 motion 29 is denied as follows: Petitioner's request for an order to show cause is denied as moot. Petitioner's request for an order initiating discove ry is denied as premature. Petitioner's request for an evidentiary hearing is denied as premature. Petitioner's request for appointment of counsel is denied without prejudice to a renewal of such a request at a later stage of the proceedings. (Plummer, M)
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Filing
16
ORDER signed by Magistrate Judge Dale A. Drozd on 4/1/2010 ORDERING that w/in 30 days, petitioner to either file a second amended petition or file a a declaration re the status of any pending state court hc proceedings; and the clerk to send petitioner a hc petition form.(Yin, K)
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Filing
11
ORDER signed by Magistrate Judge Dale A. Drozd on 2/2/2010 ORDERING that petitioner's 2 motion to proceed IFP is DENIED AS MOOT; petitoner's 7 motion to proceed IFP is GRANTED; petitioner's 3 and 9 motions for a stay and abeyance are DENIED w/out prejudice; and petitioner has 30 days to file and serve a renewed motion for a stay and abeyance. (Yin, K)
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| Petitioner: Mack A West, Jr. | |
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| Respondent: Kathleen Dickinson | |
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