Witkin v. Yates
| Michael Aaron Witkin |
| Yates |
| 2:2010cv00091 |
| January 12, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| Dale A. Drozd |
| Habeas Corpus (General) |
| 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
105
ORDER signed by Judge Garland E. Burrell, Jr. on 3/31/2015 ORDERING that the 94 Motion to Alter or Amend Judgment is DENIED. The court DECLINES to issue a certificate of appealability. The Clerk of Court is directed to send a copy of this order to the United States Court of Appeals for the Ninth Circuit. (cc: USCA) (Zignago, K.)
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Filing
103
ORDER signed by Magistrate Judge Dale A. Drozd on 12/30/2014 DENYING the 100 motion for reconsideration. All further documents filed in this action will be disregarded, and no orders will issue in response to future filings. (Yin, K)
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Filing
99
ORDER signed by Magistrate Judge Dale A. Drozd on 11/17/14 ORDERING that the motion to proceed in forma pauperis 96 is DENIED on the basis that the appeal noticed October 23, 2014, is not taken in good faith. 28 U.S.C. 1915(a) (3); Fed. R. App. P. 24(a)(3)(A). The motion for appointment of counsel 98 is DENIED.(Dillon, M)
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Filing
93
ORDER signed by Judge Garland E. Burrell, Jr. on 9/26/14 DENYING 89 Motion for Reconsideration. (Manzer, C)
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Filing
87
ORDER signed by Magistrate Judge Dale A. Drozd on 06/18/13 ordering petitioner's 03/12/13 motion for reconsideration 74 is denied. Petitioner's 03/13/13 motion for injunctive relief 75 is denied without prejudice. Petitioner's mo tion for extension of time 76 is denied. Petitioner's 04/01/13 motion for recusal 78 is denied. Petitioner's 04/01/13 and 04/02/13 motions to proceed in forma pauperis 81 and 83 are granted. The clerk of the court is directed to send a copy of this order to the United States Court of Appeals for the Ninth Circuit. (cc: USCA, 9th circuit) (Plummer, M)
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Filing
69
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/29/13 ORDERING that petitioner's 07/05/12 motion to admit state court record 66 is denied. Also, RECOMMENDING that respondent's 8/16/10 motion to dismis s 18 be granted. This action be dismissed as barred by the applicable statute of limitations; and the district court decline to issue a certificate of appealability. MOTION to DISMISS 18 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
56
ORDER signed by Judge Garland E. Burrell, Jr. on 1/4/2012 ORDERING that the 55 findings and recommendations filed December 14, 2011, are ADOPTED in full. Petitioner's April 4, 2011 39 motion for reconsideration and petitioner's November 28, 2011 53 motion for reconsideration are GRANTED. This court's March 10, 2011 order is VACATED. This matter is REFERRED back to the magistrate judge for further proceedings. (Zignago, K.)
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Filing
55
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/13/11 ORDERING that Respondents April 5, 2011 motion to dismiss 38 is DENIED without prejudice; Petitioners April 7, 2011 motion for contempt of court order 41 is DENIED; Petitioners May 2, 2011 motion for extension of time 43 is GRANTED; Petitioners September 15, 2011 motion to amend 50 is DENIED without prejudice; Petitioners October 13, 2011 motion 51 is GRANTED; The parties are granted 30 days fr om the date of any order by the district court adopting these findings and recommendations in which to brief the application of the decision in Lee v. Lampert, 633 F.3d 1176 (9th Cir. 2011), to respondents August 16, 2010 motion to dismiss this actio n as barred by the applicable one-year statute of limitations; and it is RECOMMENDED that Petitioners April 4, 2011 motion for reconsideration 39 and petitioners November 28, 2011 motion for reconsideration 53 be granted; The district courts March 10, 2011 order be vacated; and this matter be referred back to the undersigned for further proceedings. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
49
ORDER signed by Judge Garland E. Burrell, Jr. on 8/8/11 ORDERING 34 Findings and Recommendations are adopted in full; and 33 Motion for Preliminary Injunction is denied. (Matson, R)
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Filing
35
ORDER signed by Judge Garland E. Burrell, Jr on 3/10/2011 FINDINGS AND RECOMMENDATIONS 31 are ADOPTED in FULL; This action is construed as a challenge to petitioner's 2009 conviction as enhanced by his 2005 conviction; Respondent's 18 m otion to dismiss is DENIED; within 30 days from the date of this order respondent shall file either another motion to dismiss or an answer to the claims raised in the petition; If respondent files an answer, petitioner's reply, if any, shall be filed and served within 30 days after service of the answer; and if respondent files a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within 30 days after service of the motion, and respondents' reply, if any, shall be filed and served within 14 days thereafter. (Reader, L)
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Filing
31
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 2/10/11 RECOMMENDING that this action be construed as a challenge to petitioners 2009 conviction as enhanced by his 2005 conviction; 18 MOTION to DISMISS be denied; and respon dent be granted 30 days from the date of any order by the district court adopting these findings and recommendations in which to file either another motion to dismiss or an answer to the claims raised in the petition. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
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Filing
21
ORDER signed by Magistrate Judge Dale A. Drozd on 10/17/10 ORDERING that w/in 30 days, the parties to file supplemental briefs re whether ptnr was in custody on the conviction he seeks to challenge at the time he filed the instant action sufficient to meet the jurisdictional requirement for this § 2254 action.(Yin, K)
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Filing
10
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/29/10 RECOMMENDING that Petitioners application for a writ of habeas corpus 1 be dismissed as barred by the statute of limitations; and this action be closed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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| Petitioner: Michael Aaron Witkin | |
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| Respondent: Yates | |
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