Maciel v. Knipp
| Daniel Seth Maciel |
| William Knipp |
| 2:2012cv01023 |
| April 18, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Amador |
| Gregory G. Hollows |
| Morrison C. England |
| 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
54
ORDER signed by District Judge Morrison C. England, Jr on 6/11/19 ADOPTING 50 FINDINGS AND RECOMMENDATIONS. 41 Motion to Dismiss is GRANTED and Claims One through Four of the amended petition are DISMISSED as untimely. Respondent is directed to answer Claims Five and Six of the amended petition within sixty (60) days. Petitioner may file a reply within thirty (30) days of service of the answer. (Kaminski, H)
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Filing
52
ORDER signed by Magistrate Judge Allison Claire on 11/28/2018 GRANTING 51 Motion for Extension of Time. Petitioner shall have until 12/30/2018 to file objections to the findings and recommendations. (Huang, H)
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Filing
50
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/26/18 RECCOMENDING that 41 Motion to Dismiss be Granted and Claims One through Four of the amended petition be dismissed as untimely. If these findings and recommendation s are adopted by the District Judge, respondent be directed to answer Claims Five and Six of the amended petition within 60 days. The answer shall be accompanied by all transcripts and other documents relevant to the issues presented in the petit ion. See Rule 5, 28 U.S.C. foll. § 2254. Petitioner may file a reply within thirty days of service of the answer. Referred to Judge Morrison C. England Jr. Objections due within 21 days after being served with these findings and recommendations.(Coll, A)
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Filing
28
ORDER signed by Magistrate Judge Allison Claire on 06/10/16 ordering petitioner is to file a case status update within ten days of service of this order, afterwhich he is to continue filing an update every ninety days. Petitioner shall inform the court within thirty days of a decision by the states highestcourt exhausting his new claims, and shall at that time request a lift of the stay and file anamended petition setting forth all of his claims. (Plummer, M)
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Filing
21
ORDER signed by Magistrate Judge Allison Claire on 02/05/15 ordering petitioner is to file a case status update within 10 days of the filing of this order, after which he is to continue filing an update every ninety days. Petitioner shall inform th e court within 30 days of a decision by the state's highest court exhausting his new claims, and shall at that time request a lift of the stay and filed an amended petition setting forth all of his claims. The clerk of the court is directed to administratively close this case. CASE CLOSED (Plummer, M)
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Filing
18
ORDER signed by Magistrate Judge Allison Claire on 03/20/14 ordering the show cause order at 16 has been discharged by petitioner's timely response at 17 . The stay will not be lifted at this time. Petitioner is to file, every 90 days, a c ase status update in this matter, notwithstanding the stay of proceedings in this court. The 1st update shall be filed on or before 06/20/14. Petitioner shall inform the court within 30 days of a decision by the state's highest court exhausting his new claims, and shall at that time request a lift of the stay and file an amended petition setting forth all claims. (Plummer, M)
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Filing
16
ORDER signed by Magistrate Judge Allison Claire on 10/28/13 ordering that petitioner within 30 days must inform the court as to the status of his state court petition; and show cause why the stay in this matter should not be lifted and this case proceed on the two apparently exhausted claims of his original petition. (Plummer, M)
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Filing
14
ORDER adopting in full 8 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 7/13/12. Petitioners 2 request for a stay of proceedings, pursuant to Kelly v. Small, is GRANTED. Petitioner is directed to proceed to exhaust hi s state remedies forthwith. Petitioner is further directed to inform the Court, within 30 days of a decision by the state's highest court exhausting his new claims, and to request a lift of the stay as well as to file an amended petition setting forth all of his claims. (Kastilahn, A)
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Filing
12
[DISREGARD ENTERED IN ERROR] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/5/2012 RECOMMENDING that this action be summarily remanded to the Superior Court of California, County of Placer; Referred to Judge Morrison C. England, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L) Modified on 6/5/2012 (Reader, L).
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Filing
8
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 05/03/12 granting 4 Motion to Proceed IFP. The clerk of the court shall assign a district judge to this action. U.S. District Judge Morrison C. England Jr. ra ndomly assigned to this action. While respondent will not be directed to file a response to the petition at this time, petitioner's motion, filed on 04/18/12 3 , that he be allowed access to his leagl records is granted and respondent must pro vide petitioner reasonable access to such records. The clerk of the court shall serve a copy of this order and the consent/reassignment form on Michael Patrick Farrell, Attorney General. Also, RECOMMENDING that petitioner's 04/18/12 request fo r a stay of proceedings 2 be granted. Upon the granting of a stay, should that occur, petitioner be directed to proceed to exhaust his state remedies forthwith; and petitioner be further directed to inform the court, within 30 days of a decision by the state's highest court exhausting his new claims, and to request a lift of the stay as well as to file an amended petition, setting forth all of his claims. MOTION to STAY 2 referred to Judge Morrison C. England Jr. Objections due within 14 days. (cc: Michael Farrell, Attorney General)(Plummer, M)
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| Petitioner: Daniel Seth Maciel | |
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| Respondent: William Knipp | |
| Represented By: | Clifford Edward Zall |
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