Myles v. Montgomery
Petitioner: Orlindo Antonio Myles
Respondent: W. L. Montgomery
Case Number: 2:2015cv00591
Filed: March 17, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Imperial
Presiding Judge: Gregory G. Hollows
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
January 13, 2020 Opinion or Order Filing 56 ORDER signed by District Judge Troy L. Nunley on 1/8/2020 ADOPTING in full 55 Findings and Recommendations and DISMISSING this case. The Court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)
November 21, 2019 Opinion or Order Filing 55 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/21/19 RECOMMENDING that the petition should be denied in its entirety on the merits and dismissed; and the District Court decline to issue a certificate of appealability. Referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
July 8, 2019 Opinion or Order Filing 44 AMENDED ORDER signed by Magistrate Judge Gregory G. Hollows on 07/08/19 GRANTING 43 motion for extension of time. Respondent shall have an additional 30 days to and including 7/31/19 to file a response to the petition for writ of habeas corpus. (Plummer, M)
March 12, 2019 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Gregory G. Hollows on 3/12/2019 GRANTING petitioner's 36 motion to file an amended petition and petitioner's amended petition shall be filed on or before 4/11/2019. No unexhausted claims may be set forth in the amended petition. No further extensions of time will be approved. (Yin, K)
February 12, 2019 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/12/2019 ORDERING petitioner to file a status update on the state law proceedings related to his unexhausted claim on or before 3/7/2019. (Yin, K)
January 24, 2019 Opinion or Order Filing 33 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 1/24/2019 ORDERING, within 14 days, petitioner shall file a statement notifying the court whether he has a matter pending before the California Supreme Court or whether the Supreme Court has considered a habeas petition and ruled on it. Petitioner is warned that failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Yin, K)
April 26, 2016 Opinion or Order Filing 27 ORDER signed by District Judge Garland E. Burrell, Jr on 4/22/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/14/16 26 are ADOPTED in full; Respondent's MOTION to Dismiss 15 is DENIED; This Action is STAYED pending the exhaustion of Petitioner's second claim; and Petitioner is GRANTED thirty days following the final order of the state court within which to file a MOTION for leave to amend the petition to include the newly exhausted claims.(Mena-Sanchez, L)
March 14, 2016 Opinion or Order Filing 26 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/11/16 ORDERING that the first amended petitions second ground for relief is DISMISSED without prejudice pending exhaustion; it is RECOMMENDED that respondent&# 039;s motion to dismiss based on the fact of a mixed petition 15 be denied; This action be stayed pending the exhaustion of petitioners second claim; and Petitioner be granted 30 days following the final order of the state courts within which to file a motion for leave to amend the petition to include the newly exhausted claims. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
February 18, 2016 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/17/16 ORDERING that petitioner file a response to this order within 14 days clarifying whether he wants to dismiss his entire petition, or just his unexhausted second claim, or whether he desires to seek a stay of his federal petition to exhaust his state remedies on what he now argues as a basis for his second claim. (Dillon, M)
January 7, 2016 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/7/2016 DISCHARGING the 10/15/2015 order to show cause 17 ; and petitioner must file an oppostion to respondent's 15 motion to dismiss within 30 days. (Yin, K)
October 15, 2015 Opinion or Order Filing 17 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 10/14/2015 ORDERING petitioner to show cause, within 30 days, why his failure to oppose respondent's motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition.(Yin, K)
June 11, 2015 Opinion or Order Filing 9 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 6/11/15 ORDERING that Petitioner shall file a signed copy of his petition within 21 days of this order.(Dillon, M)
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Petitioner: Orlindo Antonio Myles
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Respondent: W. L. Montgomery
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