Roach v. Hill
| Roy Roach |
| R. Hill |
| 2:2011cv02286 |
| August 29, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John F. Moulds |
| Kimberly J. Mueller |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
21
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 11/1/12: Recommending that petitioner's sixth claim for relief be dismissed as moot. The Clerk of the Court be directed to enter judgment and the district court decline to issue a certificate of appealability.F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
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Filing
20
ORDER signed by Judge Kimberly J. Mueller on 9/26/12 ORDERING 17 FINDINGS AND RECOMMENDATIONS are adopted in full; 12 Motion to Dismiss is denied as to respondent's contention that this action is barred by the statute of limitations; Res pondent's October 28, 2011 motion to dismiss is granted as to petitioner's first, second, third, and eighth claims for relief, as well as that part of petitioner's fourth claim for relief in which petitioner contends that his sentence has been converted to life without the possibility of parole, and said claims are dismissed; Petitioner's fifth and seventh claims for relief and that aspect of petitioner's fourth claim for relief in which he contends that his sentence vi olates the Eighth Amendment are dismissed; and This matter is referred back to the magistrate judge for findings andrecommendations on whether petitioner's sixth claim for relief is moot and whether this court should issue a certificate of appealability. (Matson, R)
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Filing
17
ORDER to SHOW CAUSE and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 8/7/12 ORDERING that within 14 days from the date of this order the parties shall show cause in writing, if any they have, whypetitioners sixth claim, i n which he contends that the application of Marsys Law at his 2009 parole hearing violated the Ex Post Facto Clause, should not be dismissed as moot; and RECOMMENDING that Respondents October 28, 2011 motion to dismiss be denied as to respondents con tention that this action is barred by the statute of limitations; Respondents October 28, 2011 motion to dismiss be granted as to petitioners first, second, third, fourth and eighth claims for relief and said claims be dismissed; and Petitioners fourth, fifth, and seventh claims for relief be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Dillon, M)
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Filing
5
ORDER granting 2 Motion to Proceed IFP, signed by Magistrate Judge John F. Moulds on 9/13/11. Respondent is directed to file an answer within 45 days from the date of this order. Petitioner's traverse, if any, is due on or before 30 days from the date respondent's answer is filed. The Clerk shall serve a copy of this order together with a copy of petitioner's application for writ of habeas corpus and an Order Re Consent or Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General. (Kastilahn, A)
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| Petitioner: Roy Roach | |
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| Respondent: R. Hill | |
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