Rood v. Swarthout
Petitioner: Richard Vincent Rood
Respondent: Gary Swarthout
Case Number: 2:2012cv01476
Filed: May 31, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Gregory G. Hollows
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
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Date Filed Document Text
July 24, 2019 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Allison Claire on 7/24/2019 ORDERING if petitioner wishes to inform the district judge of his argument in support of a certificate of appealability, petitioner must address the matter in his objections to the findings and recommendations. (Yin, K)
July 18, 2019 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Allison Claire on 07/18/19 GRANTING 76 Motion for Extension of Time; petitioner's objections to the 75 F&Rs is due within 30 days. (Benson, A.)
June 26, 2019 Opinion or Order Filing 75 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 06/25/19 ORDERING the Clerk of the Court randomly assign a District Judge to this action. Also, RECOMMENDING that the petition for writ of habeas corpus be denied. Assigned and referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
May 11, 2015 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Allison Claire on 5/8/2015 DISCHARGING the 50 Order to Show Cause. (Yin, K)
May 5, 2015 Opinion or Order Filing 50 ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 05/04/15 ordering that respondent shall file and serve within 7 days after the filing date of this order, a statement demonstrating extraordinary circumstances in support of vacating reference of the instant action to the undersigned magistrate judge for all purposes; alternatively, respondent may request withdrawal of the form filed 4/27/15. No response is required by petitioner. (Plummer, M)
March 4, 2015 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Allison Claire on 03/03/15 granting 40 Motion to lift the stay. The stay imposed in this action on 6/13/13 is lifted. Within 30 days after the filing date of this order, petitioner shall file and serve an amende d petition for writ of habeas corpus under 28 USC 2254, that contains all 3 of plaintiff's claims exhausted in state courts: The clerk of the court is directed to lift the stay in this action; and send petitioner, together with a copy of this order, a blank form for seeking a petition for writ of habeas corpus under 28 USC 2254. (Plummer, M)
September 12, 2014 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Allison Claire on 9/12/14 ORDERING that petitioners next status report shall be filed on or before December 8, 2014 indicating whether or not he has exhausted his claims in the California Supreme Court. In t he event that the California Supreme Court rules on petitioners state habeas corpus petition prior to December 8, 2014, petitioner shall filed a notice of exhaustion in this court in lieu of the status report along with a motion to lift the stay of these proceedings. Any notice of exhaustion shall be accompanied by a complete copy of the state habeas corpus petition filed in the California Supreme Court and its final order resolving the petition.(Dillon, M)
July 3, 2014 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Allison Claire on 7/2/2014 DISCHARGING the 6/9/14 Order to Show Cause 30 ; petitioner shall file a status report within 90 days, and every 90 days thereafter until he has exhausted his claims in the Californ ia Supreme Court, supported with copies of any habeas petition(s) or related state court order(s) filed during the previous 90 days; and petitioner is further DIRECTED to notify this court of any changes of address pursuant to Local Rule 183(b). (Yin, K)
June 9, 2014 Opinion or Order Filing 30 ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 6/6/14 ORDERING that petitioner shall show cause in writing within thirty days from the date of this order why the court should not lift the stay of these proceedings and permit the case to proceed on the only exhausted claim raised in petitioners habeas corpus application.(Dillon, M)
June 13, 2013 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Allison Claire on 06/12/13 granting 24 Motion to Stay pursuant to Rhines v. Weber 544 US 269 (2005) pending exhaustion of his additional claims (1) that the trial judge may have a conflict of interest; (2) that his sentence should be modified under proposition 36. Petitioner shall inform this court and file a request to lift the stay within 30 days of a decision by the California Supreme Court concluding state habeas review. The clerk of court shall administratively close this case for purposes of case status pending exhaustion. (Plummer, M)
February 27, 2013 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Allison Claire on 2/27/13 ORDERING that petitioners February 13, 2013 motion for appointment of counsel (ECF No. 21 ) is DENIED without prejudice to a renewal of the motion at a later stage of the proceedings; an d Petitioners February 13, 2013 motion for an extension of time to file his traverse (ECF No. 21 ) is GRANTED. Petitioner shall file and serve his traverse within 60 days of the filing date of this order. Further requests for an extension of time to file the traverse shall be disfavored.(Dillon, M)
December 21, 2012 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Allison Claire on 12/20/12 ordering the clerk shall re-serve on petitioner a copy of the court's 09/26/12 order denying petitioner's motion to stay 14 . Petitioner's 11/28/12 letter 18 is construed as a motion for extension of time, and, so construed, is granted. Petitioner shall file and serve a traverse within 60 days of the filing date of this order. Petitioner's 12/05/12 motion to appoint counsel 19 is denied without prejudice to a renewal of the motion at a later stage of the proceedings. (Plummer, M)
September 26, 2012 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/25/2012 DENYING petitioner's 12 motion to stay. (Yin, K)
July 5, 2012 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/3/12 ORDERING that 5 Motion to Proceed IFP is GRANTED; 2 Motion to Appoint Counsel is DENIED without prejudice; Within 21 days petitioner shall file a motion to stay the case or indicate he wishes to proceed solely on the claim in the instant petition. If petitioner does not respond this case will continue on the instant petition.(Dillon, M)
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Petitioner: Richard Vincent Rood
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Respondent: Gary Swarthout
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