Girley v. Swarthout
Petitioner: Douglas Dwayne Girley
Respondent: Gary Swarthout
Case Number: 2:2012cv01938
Filed: July 24, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Kendall J. Newman
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
April 7, 2015 Opinion or Order Filing 43 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/07/15 recommending that petitioner's application for a writ of habeas corpus be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
April 3, 2014 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/14 denying without prejudice 40 Motion ; Petitioner is granted twenty-one days in which to file a reply to respondents answer. (Dillon, M)
February 28, 2014 Opinion or Order Filing 39 ORDER ADOPTING 33 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Kimberly J. Mueller on 2/28/2014. Petitioner's 31 Motion for Stay and to Amend is DENIED. Petitioner granted 30 days in which to file a Reply to respondent's Answer. Court is DECLINING to issue Certificate of Appealability. Petitioner may NOT appeal denial of Motion to Stay and to Amend because it is an Interlocutory Order, not a Final Judgment. (Marciel, M)
October 11, 2013 Opinion or Order Filing 33 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/11/13 RECOMMENDING that 31 motion for stay and to amend be denied, and petitioner be granted 30 days in which to file a reply to respondents answer. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Dillon, M)
June 11, 2013 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Kendall J. Newman on 06/10/13 ordering respondent's request to withdraw the motion to dismiss 23 is granted. The 10/19/12 motion to dismiss 12 is withdrawn. The 03/26/13 findings and recommendations 20 ar e vacated. Respondent is directed to file a response to petitioner's habeas petition within 30 days from the date of this order. Petitioner's reply, if any, shall be filed and served within 30 days after service of the answer. (Plummer, M)
May 20, 2013 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Kendall J. Newman on 5/17/13 ORDERING that within fourteen days from the date of this order, respondent shall (a) inform the court he will withdraw the motion to dismiss or (b) file a reply to petitioners objections.(Dillon, M)
March 26, 2013 Opinion or Order Filing 20 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/25/13 ORDERING that the Clerk of the Court is directed to assign a district judge to this case; and it is RECOMMENDED that 12 MOTION to DISMISS be granted; and this action be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
November 26, 2012 Opinion or Order Filing 14 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 11/26/12 ORDERING that petitioner show cause, within thirty days, why his failure to oppose respondents October 19, 2012 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition.(Dillon, M)
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Petitioner: Douglas Dwayne Girley
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Respondent: Gary Swarthout
Represented By: Jeffrey B. Grant
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