Perez v. McDonald et al
Fernando Avila Perez, Jr. |
McDonald and St Andrew |
2:2010cv01984 |
July 26, 2010 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
John F. Moulds |
General |
28 U.S.C. ยง 2254 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 67 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/24/2013 RECOMMENDING that defendants' 63 motion to dismiss be granted; this action be dismissed for failure to state a claim upon which relief may be granted. Referred to Judge Troy L. Nunley; Objections due within 14 days. (cc: CKD) (Yin, K) |
Filing 62 ORDER signed by Magistrate Judge John F. Moulds on 12/11/12 ordering that within 10 days from the date of this order defendants shall file and serve a response to plaintiff's second amended complaint. (Plummer, M) |
Filing 60 ORDER ADOPTING in part and REJECTING in part 55 FINDINGS AND RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 9/28/12. The 44 Motion to Dismiss is GRANTED with leave to amend within 20 days; The Court adopts in full the Magistrate Judge's findings and recommendations regarding Plaintiff's ex post facto claim. (Manzer, C) |
Filing 59 ORDER signed by Magistrate Judge John F. Moulds on 7/30/12 denying 58 Motion to Appoint Counsel. (Dillon, M) |
Filing 55 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 6/19/2012 RECOMMENDING that defendants' 44 motion to dismiss be denied; and defendants be directed to answer the 29 amended complaint within 10 days from the date of any district court order adopting these findings and recommendations. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K) |
Filing 37 ORDER signed by Magistrate Judge John F. Moulds on 10/4/11 GRANTING 34 Motion. Attorney Krista Hart is relieved as court-appointed counsel for Fernando Perez. (Dillon, M) |
Filing 33 ORDER signed by Magistrate Judge John F. Moulds on 5/2/11 ORDERING that the Clerk of the Court is directed to change the nature of suit code for this action in accordance with the district courts 4/6/11 order; and Within 10 days from the date of this order, counsel for plaintiff shall informthe court how she intends to proceed in light of the district courts 4/6/11 order and the documents subsequently filed by plaintiff.(Dillon, M) |
Filing 28 ORDER signed by Judge Morrison C. England, Jr on 4/6/11 ORDERING respondent's motion to dismiss 17 GRANTED and the Court DECLINES to follow the Magistrate Judge's Findings and Recommendations 23 ; and petitioner may file a second amended complaint pursuant to 28:1983 within 20 days of the electronic filing of this order. (Carlos, K) |
Filing 23 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 1/13/11 ORDERING that the Federal Defender is appointed to represent petitioner; Clerk of the Court is directed to serve a copy of the petition and this order on Caro lyn Wiggin, Assistant Federal Defender. Petitioners counsel shall contact the Clerks Office to make arrangements forcopies of documents in the file. Petitioner's 4 Motion is denied without prejudice. It is RECOMMENDED that 17 MOTION to DISMI SS be denied;Respondents be directed to file an answer within thirty days from the date of any order by the district court adopting these findings and recommendations, and to include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application; and Petitioners traverse, if any, be due on or before thirty days from the date respondents answer is filed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M) |
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