Roots v. Cate, et al
| Donald Roots |
| Matthew Cate, Elvin Valenzuela, Jan Scully, Donna J. Hooper, Timothy Frawley and Patricia L. Watkins |
| 2:2012cv02903 |
| November 30, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Luis Obispo |
| Lawrence K. Karlton |
| Kendall J. Newman |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
36
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/21/13 ORDERING that the findings and recommendations 30 are VACATED; Clerk of the Court is directed to serve a copy of these findings and recommendations t ogether with a copy of the petition filed in the instant case on the Attorney General of the State of California; it is RECOMMENDED that Petitioners May 13, 2013 motion for stay 32 be denied; and Petitioner's application for a writ of habeas corpus be dismissed, without prejudice, for failure to exhaust state remedies. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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Filing
30
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/9/2013 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)
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Filing
29
ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/13 ORDERING that Petitioners April 5, 2013 motion (dkt. no. 26 ) is DENIED without prejudice; and Petitioners April 5, 2013 motion (dkt. no. 27 ) is DENIED.(Dillon, M)
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Filing
28
ORDER signed by Judge Lawrence K. Karlton on 4/9/2013 ORDERING that the 16 findings and recommendations filed 1/24/2013, are ADOPTED IN FULL. Petitioner's 13 motion for temporary restraining order and preliminary and permanent injunction is DENIED. Petitioner's 11 motion for bail is DENIED. Petitioner's 14 motion for default judgment is DENIED. Petitioner's 18 motion for injunctive relief is DENIED. Petitioner is GRANTED thirty days from the date of this order in which to file a petition for writ of habeas corpus. The Clerk of the Court is directed to send petitioner the court's form for filing a petition for writ of habeas corpus. (Zignago, K.)
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Filing
25
ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/13 ORDERING that petitioners amended complaint/petition (dkt. no. 24 ) is DISMISSED with leave to file a second amended application for writ of habeas corpus, within 30 days from the date of this order; Clerk of the Court is directed to send petitioner the courts form petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.(Dillon, M)
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Filing
23
ORDER signed by Magistrate Judge Kendall J. Newman on 03/05/13 ordering petitioner's 03/01/13 motion 22 is partially granted. Petitioner is granted 30 days from the date of this order in which to file an amended petition. (Plummer, M)
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Filing
21
ORDER signed by Magistrate Judge Kendall J. Newman on 02/21/13 ordering that petitioner's motion 19 , construed as a motion to recuse the undersigned is denied. (Plummer, M)
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Filing
16
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/24/13 RECOMMENDING that plaintiffs January 18, 2013 motion 13 be denied; Plaintiffs January 14, 2013 motion 11 be denied; and Plaintiffs January 18, 2013 motion 14 be denied. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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Filing
10
ORDER signed by Magistrate Judge Kendall J. Newman on 1/09/13 granting 8 Motion to Proceed IFP. Plaintiff's complaint is dismissed with leave to file an amended petition on the form provided within 30 days from the date of this order. The c lerk of court is directed to send petitioner the courts form for filing a petition for writ of habeas corpus pursuant to 28 USC 2254, and to change the court's docket to reflect that this action is proceeding on habeas. Petitioner's motion 7 is denied. (Plummer, M)
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Filing
4
ORDER signed by Magistrate Judge Kendall J. Newman on 12/11/2012 DISMISSING, without prejudice, plaintiff's 2 application to proceed IFP; directing the Clerk to send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a completed ifp application. (Yin, K)
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