Avalos v. Lewis
| Marcos Avalos |
| Gregg Lewis |
| 2:2012cv00052 |
| January 5, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Lawrence K. Karlton |
| John F. Moulds |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
43
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/7/2014 RECOMMENDING that petitioner's 34 application for a writ of habeas corpus be denied. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
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Filing
33
ORDER signed by Magistrate Judge Dale A. Drozd on 1/15/14 ORDERING that Petitioners Motions to Lift Stay and Proceed on First Amended Writ of Habeas Corpus filed July 5, 2013 and December 13, 2013 28 and 31 are granted. The Clerk of the Court is directed to re-open this case; Petitioners Motion for a Thirty-Day Extension of Time to File his First Amended Petition 29 and his Motion to Amend 30 filed on November 7, 2013 are granted and petitioner shall file his first amended fede ral habeas petition containing all of his exhausted claims within thirty days of the date of this order; Respondent is directed to file a response to petitioners first amended petition within thirty days after the filing and service of that amended petition.(Dillon, M)
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Filing
25
ORDER signed by Judge Lawrence K. Karlton on 9/14/2012 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; Petitioner's 19 motion for stay and abeyance is GRANTED; This action is STAYED pending exhaustion of state court remedies as to petit ioner's unexhausted claims; Petitioner shall present his claims to the state court within 30 days from the date of this order; Petitioner shall file a motion to lift the stay within 30 days of any final decision by the CA Supreme Court on the unexhausted claims; Respondent's 10 motion to dismiss is DENIED without prejudice; and the Clerk of the Court is directed to ADMINISTRATIVELY CLOSE this action.(Reader, L)
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Filing
23
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 8/1/2012, RECOMMENDING that petitioner's 19 motion for stay and abeyance be granted; this action be stayed pending exhaustion of state court remedies as to petitioner� 39;s unexhausted claims; petitioner be directed to present his claims to the state court within thirty days of any order by the district court adopting these findings and recommendations; petitioner be directed to file a motion to lift the stay withi n thirty days of any final decision by the California Supreme Court on the unexhausted claims; respondent's 10 motion to dismiss be denied without prejudice; and the Clerk be directed to administratively close this action. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)
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Filing
21
ORDER signed by Magistrate Judge John F. Moulds on 6/27/12 ORDERING that within 14 days from the date of this order respondent shall file and serve a response to petitioners request for stay and abeyance. Petitioners reply, if any, shall be filed and served not later than seven days thereafter. (Dillon, M)
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Filing
3
ORDER TRANSFERRRING CASE TO SACRAMENTO DIVISION, signed by Magistrate Judge Jennifer L. Thurston on 1/9/2012. New Case Number 2:12-cv-00052-JFM (HC). Old Case Number 1:12-cv-00029-JLT (HC). (Jessen, A)
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| Petitioner: Marcos Avalos | |
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| Respondent: Gregg Lewis | |
| Represented By: | Brian G. Smiley |
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