Richard v. Hubard
Petitioner: Anthony Earl Richard
Respondent: Susan Hubard
Case Number: 2:2012cv01436
Filed: May 29, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kings
Presiding Judge: Dale A. Drozd
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
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
January 20, 2017 Opinion or Order Filing 52 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/20/17 RECOMMENDING that petitioner's application for a writ of habeas corpus be denied. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
August 29, 2016 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Deborah Barnes on 8/28/2016 ORDERING 46 that respondent's request for an extension of time, is GRANTED; Respondent's answer filed 8/17/2016 is DEEMED Timely.(Reader, L)
April 22, 2015 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Dale A. Drozd on 4/22/2015 ORDERING petitioner to file a motion to lift the stay of this action, a motion to amend his petition, and a proposed third amended petition containing all of his exhausted claims, within 30 days; and the Clerk shall send petitioner a form for filing a petition for writ of habeas corpus.(Yin, K)
December 24, 2013 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Dale A. Drozd on 12/23/13 ORDERING that within fourteen days of the date of service of this order petitioner shall file either: (a) a status report, or (b) a motion to lift the stay of this action, together with a motion to amend his petition, and a proposed third amended petition containing only exhausted claims.(Dillon, M)
October 24, 2013 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Dale A. Drozd on 10/24/2013 re: 24 Status Report, ORDERING if petitioner has not fairly presented his claims to the California Supreme Court, petitioner should proceed through the appropriate procedure governing th e seeking of habeas relief in state court to do so without delay and continue to file and serve a status report in this case on the first court day of each month. If, on the other hand, petitioner has fairly presented his claims to the California Supreme Court, he may file a motion to lift the stay of this action, together with a motion to amend his petition, and a proposed third amended petition containing only exhausted claims. (Waggoner, D)
August 14, 2013 Opinion or Order Filing 21 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/14/13 ORDERING that the courts August 13, 2013 order 20 is VACATED. It is RECOMMENDED that Petitioners original motion for a stay and abeyance 2 be denied as mo ot; Petitioners motion to amend his petition pursuant to the Kelly stay and abeyance procedure 18 be granted; Petitioner be ordered to exhaust his state remedies on any unexhausted claims forthwith; This action be stayed and the Clerk of the Cou rt be directed to administratively close the case; Petitioner be ordered to file and serve a status report in this case on the first court day of each month; and Petitioner be ordered to file and serve a motion to lift the stay of this action, a mo tion to amend the petition, and a proposed third amended petition containing only exhausted claims within thirty days after petitioner is served with the California Supreme Courts order disposing of his state exhaustion petition. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
August 13, 2013 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Dale A. Drozd on 8/13/13 ORDERING that Petitioners original motion for a stay and abeyance 2 be DENIED asmoot; Petitioners motion to amend his petition pursuant to the Kelly stay andabeyance procedure 18 be GRA NTED; This action be stayed and the Clerk of the Court be directed to administratively close the case; Petitioner be ordered to file and serve a status report in this case on the first court day of each month; and Petitioner be ordered to file a nd serve a motion to lift the stay of this action, a motion to amend the petition, and a proposed third amended petition containing only exhausted claims within 30 days after petitioner is served with the California Supreme Courts order disposing of his state exhaustion petition.(Dillon, M)
February 11, 2013 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Dale A. Drozd on 02/08/13 ordering within 30 days from the date of service of this order, petitioner shall either: a) file a declaration indicating he wishes to proceed under the Kelly stay procedure and file an amen ded habeas petition in this court containing only exhausted claims or b) file an amended petition that contains all of his exhausted and unexhausted claims, together with a renewed motion for a stay and abeyance with sufficient facts and information to satisfy the requirements of Rhines. Respondent is relieved of the obligation to file a response to petitioner's original petition for writ of habeas corpus until further ordered to do so. The clerk of the court is directed to send petitioner the court's form for filing a petition for writ of habeas corpus. (Plummer, M)
June 6, 2012 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Dale A. Drozd on 6/5/2012 ORDERING petitioner to submit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee; and the clerk is to send petitioner an ifp form.(Yin, K)
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Petitioner: Anthony Earl Richard
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Respondent: Susan Hubard
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