Diaz v. Lewis
Petitioner: Humberto Diaz
Respondent: G. D. Lewis
Case Number: 2:2012cv01095
Filed: April 25, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Del Norte
Presiding Judge: Dale A. Drozd
Presiding Judge: William B. Shubb
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 12, 2014 Opinion or Order Filing 44 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/11/14 RECOMMENDING that petitioners application for federal habeas corpus be denied. Referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)
December 4, 2014 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Allison Claire on 12/3/2014 ORDERING counsel for respondent to file (or lodge in paper) a copy of the CA Supreme Court's order dated 3/14/2012, denying Mr. Diaz's habeas petition, within 30 days.(Yin, K)
August 13, 2013 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Allison Claire on 8/12/13 ORDERING that Respondent is ordered to file a response to the first amended petition within sixty days from the date of this order.(Dillon, M)
August 7, 2013 Opinion or Order Filing 34 ORDER denying 32 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 08/06/13. (Plummer, M)
June 19, 2013 Opinion or Order Filing 27 ORDER signed by Senior Judge William B. Shubb on 6/18/2013 ADOPTING, in full, 25 Findings and Recommendations; GRANTING, in part, and DENYING, in part, 12 Motion to Dismiss; DENYING 17 Motion to Stay; DIRECTING the petitioner to file, within 28 days, an Amended Petition including exhausted claims only; DIRECTING the petitioner to file simultaneously with the Amended Petition, any Motion to Stay under Kelly. (Michel, G)
May 15, 2013 Opinion or Order Filing 25 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/14/13 recommending that respondent's motion to dismiss 12 be granted in part and denied in part as set forth above and further recommended below. Petitioner's m otion for a stay 17 be denied. Petitioner be directed to file an amended petition, including exhausted claims only, within 28 days of the filing date of any order adopting these findings and recommendations. Any motion to stay under Kelly should be filed simultaneously with the petition. In the alternative, petitioner may file a notice electing voluntary dismissal of this case without prejudice. The district court order as follows: Should petitioner fail to file either an amended and fully -exhausted petition or a notice of voluntary dismissal within the time provided, the claims identified herein as unexhausted will be stricken and those portions of the petition disregarded for all purposes. The case will then proceed on the basis of the petition as amended by operation of this order. Motions 12 , 17 referred to Judge William B. Shubb. Objections due within 28 days. (Plummer, M)
October 23, 2012 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Dale A. Drozd on 10/22/12 ordering that within 14 days from the date of this order, respondent shall file an opposition or statement of non-opposition to petitioner's motion to hold these proceedings in abeyance. Petitioner's reply, if any, shall be filed and served not later than 7 days thereafter. (Plummer, M)
September 5, 2012 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Dale A. Drozd on 9/4/12 ORDERING that within 30 days of the date of this order, petitioner shall file an opposition to respondents July 20, 2012 motion to dismiss. (Dillon, M)
May 3, 2012 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Dale A. Drozd on 5/2/2012 ORDERING that petitioner shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner's failure to comply with this order will result in the dismissal of this action; and The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district. (Zignago, K.)
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Petitioner: Humberto Diaz
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Respondent: G. D. Lewis
Represented By: Tia Marie Coronado
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