Morgan v. Ray et al
| Christopher Morgan |
| James Ray and Paula Moyer |
| 2:2012cv02269 |
| September 4, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| Kendall J. Newman |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
23
MEMORANDUM DECISION AND ORDER signed by Senior Judge James K. Singleton on 12/16/2014 ORDERING the Amended Petition under 28:2254 for Writ of Habeas Corpus is DENIED; the Court DECLINES to issue a Certificate of Appealability; the Clerk of the Court is to enter judgment accordingly. CASE CLOSED (Reader, L) Modified on 12/17/2014 (Reader, L).
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Filing
7
ORDER signed by Magistrate Judge Kendall J. Newman on 9/28/12 ORDERING that Petitioners request for appointment of counsel 6 is GRANTED; The Federal Defender is appointed to represent petitioner; Petitioners request for an extension of time 6 w ithin which to file an amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, is granted; Within 60 days after the filing date of this order, petitioners counsel shall file, and serve on the proper respondent, either: (1) a n amended petition for writ of habeas corpus that contains only exhausted claims; OR (2) an amended petition that identifies both exhausted and unexhausted claims; demonstrates good cause for petitioners failure to previously exhaust unexhausted cl aims, see Rhines v. Weber, 544 U.S. 269 (2005); and requests a stay of these proceedings pending petitioners exhaustion, in the state courts, of his currently unexhausted claims. Clerk of the Court is directed to serve, on David Porter, Assistant Federal Defender, AND Michael Patrick Farrell, Senior Assistant Attorney General, the following: (1) a copy of this order; (2) a copy of the courts order filed September 17, 2012 4 ; (3) a copy of the underlying petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, and exhibits thereto 1 ; and (4) additional copies of the consent/reassignment form. (cc David Porter, Michael Farrell)(Dillon, M)
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Filing
4
ORDER signed by Magistrate Judge Kendall J. Newman on 9/14/2012 ORDERING thatPetitioner's request to proceed in forma pauperis 2 is granted; Petitioner's petition for a writ of habeas corpus is dismissed; Petitioner is granted thirty day s from the filing date of this order to file an amended petition raising only exhausted claims; petitioner may, in addition or alternatively, request appointment of counsel; Failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Becknal, R)
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