Dalby v. Diaz
Petitioner: William Dalby
Respondent: Ralph M. Diaz
Case Number: 2:2013cv01169
Filed: June 5, 2013
Court: U.S. District Court for the Eastern District of California
Office: Sacramento Office
County: Yolo
Presiding Judge: Kendall J. Newman
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
October 22, 2020 Opinion or Order Filing 56 ORDER signed by District Judge Troy L. Nunley on 10/21/2020 ADOPTING 55 Findings and Recommendations in full. Petitioner's Application for a Writ of Habeas Corpus is DENIED as moot as a result of his death on 5/9/2019. The Clerk of the Court is directed to close this case. The Court DECLINES to issue Certificate of Appealability. CASE CLOSED. (Zignago, K.)
September 10, 2020 Opinion or Order Filing 55 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/10/20 RECOMMENDING that petitioner's application for a writ of habeas corpus be denied as moot as a result of his death on 5/09/19. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
June 8, 2018 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Kendall J. Newman on 6/8/2018 GRANTING 50 Motion for Extension of Time. Respondent's response to the petition is due on or before 7/10/2018. (Henshaw, R)
November 9, 2017 Opinion or Order Filing 45 ORDER signed by District Judge Troy L. Nunley on 11/8/2017 FINDINGS AND RECOMMENDATIONS 44 are ADOPTED in FULL; Respondent's 42 Motion to stay is GRANTED; the parties are ORDERED to file and serve separate statements, within 14 days after Pe titioner's appeal is concluded, informing the Court of the date and the outcome of the state court proceedings; and the parties are ORDERED to file and serve separate statements, every 90 days, commencing with the filing date of this Order, informing the Court of the ongoing status of the state court proceedings. (Reader, L)
September 29, 2017 Opinion or Order Filing 44 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/28/2017 RECOMMENDING 42 Motion to Stay be granted, parties be ordered to file and serve separate statements, within 14 days after petitioner's appeal is concluded , and the parties be ordered to file and serve separate statements, every 90 days, informing the court of the ongoing status of the state court proceedings. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
July 13, 2017 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2017 GRANTING 40 Motion for Extension of Time. Respondent's response to petition is due on or before 8/11/2017. (Henshaw, R)
February 3, 2015 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Kendall J. Newman on 2/2/15 ORDERING that 32 Motion for Extension of time is GRANTED; the court will grant Respondent an additional 30 days, up to and including February 27, 2015, to file a statement regarding Petitioners re-sentencing.(Dillon, M)
August 21, 2014 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Kendall J. Newman on 8/21/14 ORDERING that this action is stayed until further order of this court, with the exception of the following reporting requirements imposed on both parties. Within 14 days after petitio ners re-sentencing in the Yolo County Superior Court, petitioner and respondent shall file and serve separate statements informing this court of the date and outcome of the state court proceedings; in addition, petitioner shall inform the court how he wishes to proceed with the instant federal action. Pending a decision by the Yolo County Superior Court, the parties shall file and serve separate statements, every sixty (60) days commencing with the filing date of this order, that inform this court of the ongoing status of the state court proceedings. (Dillon, M)
July 28, 2014 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Kendall J. Newman on 7/28/2014 ORDERING 18 that Respondent's motion to dismiss is DENIED without prejudice; Petitioner shall, within 60 days after the filing date of this order, file and serve a statement infor ming the court of the status of his re-sentencing in the Yolo County Superior Court; if re-sentencing has occurred, petitioner shall also inform the court whether he intends to rely on his original petition filed 6/5/2013, or request leave to file an amended petition; if the latter, petitioner shall also state whether he will request that this action be staying pending exhaustion of state court remedies on new claim(s); thereafter, the court will schedule appropriate deadlines. (Reader, L)
June 11, 2014 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Kendall J. Newman on 06/10/14 ordering respondent shall within 14 days after the filing date of this order file and serve one of the following: a) A supplemental brief in support of the pending motion to dismiss or s tay, or b)an amended motion to dismiss or stay. Petitioner shall within 21 days after service of respondents new briefing, file and serve one of the following: a) a supplemental opposition to the pending motion to dismiss or stay, or b) an oppositio n to the amended motion to dismiss or stay. If respondent's new briefing is an amended motion to dismiss or stay, respondent may within 7 days after the filing date of petitioner's response, file and serve a reply. Petitioner's motion 18 in opposition to respondent's request for extension of time is denied as moot. (Plummer, M)
June 20, 2013 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Kendall J. Newman on 6/19/13 ORDERING that Petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)
June 11, 2013 Opinion or Order Filing 2 ORDER signed by Magistrate Judge Jennifer L. Thurston on 6/11/2013. Case transferred to the Sacramento Division.(Lundstrom, T)
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Petitioner: William Dalby
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Respondent: Ralph M. Diaz
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