Rodriguez v. Lizzaraga
| Richard C. Rodriguez |
| Joe Lizzaraga |
| 2:2015cv01154 |
| May 28, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| John A. Mendez |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
64
MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 9/15/2020 DENYING the petition for writ of habeas corpus. The Court declines to issue a Certificate of Appealability. CASE CLOSED. (Zignago, K.)
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Filing
62
ORDER signed by District Judge John A. Mendez on 6/25/2018 ADOPTING 61 Findings and Recommendations in full and DENYING as moot 46 request to extend the stay. (York, M)
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Filing
61
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 5/17/2018 DENYING petitioner's 57 motion for the appointment of counsel and RECOMMENDING petitioner's 46 request to extend the stay. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
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Filing
53
ORDER signed by Magistrate Judge Deborah Barnes on 2/19/2018 GRANTING 52 Request for an Extension of Time. Respondent shall file the responsive brief on or before March 23, 2018. Petitioner's optional reply is due 30 days after service of the responsive pleading. No further extensions of time will be granted absent a showing of extraordinary circumstances. (Fabillaran, J)
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Filing
47
ORDER signed by District Judge John A. Mendez on 12/19/2017 ADOPTING 44 findings and recommendations in full. Petitioner's motion to hold this federal habeas petition in abeyance while he exhausts claims ten through fourteen in state court is DENIED. Petitioner's unexhausted claims ten through fourteen are DISMISSED. Respondent is directed to file a responsive pleading within thirty days. Petitioner's 42 , 43 motions to extend stay are DENIED as moot. (Zignago, K.)
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Filing
44
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 07/24/17 recommending that petitioner's motion to hold his federal habeas petition in abeyance while he exhausts claims 10 through 14 in state court be denied. Petitioner's unexhausted claims 10 through 14 be dismissed. Respondent be directed to file a responsive pleading within 30 days. MOTION to STAY 30 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
33
ORDER signed by District Judge John A. Mendez on 1/18/2017 ADOPTING IN FULL 27 Findings and Recommendations; GRANTING 17 Motion to Dismiss as to Claims 1; DENYING 17 Motion to Dismiss as to Claim 6. (Michel, G.)
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Filing
27
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/3/16 ORDERING that within 30 days from the date of this order, petitioner shall file any motion for stay. If petitioner seeks to stay this action under Rhines, he mus t address the three Rhines conditions set forth above. If petitioner seeks to stay this action under Kelly, petitioner must also submit an amended petition, raising only exhausted claims. Failure to file a motion for stay in compliance with this orde r will result in an order dismissing petitioner's unexhausted claims, and this action will proceed solely on petitioner's exhausted claims. Petitioners motion for stay, if any, shall be briefed pursuant to Local Rule 230(l). It is RECOMMENDED that 17 MOTION to DISMISS based petitioners failure to state a cognizable claim be granted as to claim 1 and denied as to claim 6. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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Filing
13
ORDER signed by Magistrate Judge Dale A. Drozd on 10/1/2015 DENYING petitioner's 10 motion for appoinment of counsel. (Yin, K)
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Filing
12
ORDER signed by Magistrate Judge Dale A. Drozd on 9/10/15 ORDERING that: Respondent's motion for an extension of time 11 is granted; and Respondent shall file a responsive pleading in this matter on or before October 19, 2015. (Becknal, R)
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Filing
3
ORDER signed by Magistrate Judge Dale A. Drozd on 6/8/15 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)
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| Petitioner: Richard C. Rodriguez | |
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| Respondent: Joe Lizzaraga | |
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