Steele v. Katavich
Petitioner: Justin Steele
Respondent: John N. Katavich
Case Number: 2:2015cv01836
Filed: August 31, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Presiding Judge: Troy L. Nunley
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
November 14, 2017 Opinion or Order Filing 42 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/14/17 RECOMMENDING that petitioner's application for a writ of habeas corpus be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
October 5, 2017 Opinion or Order Filing 41 ORDER signed by District Judge Troy L. Nunley on 10/4/2017 FINDINGS AND RECOMMENDATIONS 32 are ADOPTED in FULL; Petitioner's 29 Motion to Stay is DENIED; Respondent's 11 Motion to Dismiss is GRANTED; Petitioner's 4 petition fo r a writ of habeas corpus is DISMISSED; within 30 days from the date this order is entered, Petitioner is directed to file an amended petition raising only his exhausted claims (7), (8), and (11); The Court DECLINES to issue the certificate of appealability; and Petitioner's 39 4/20/2017 motion is DENIED. (Reader, L)
January 5, 2017 Opinion or Order Filing 32 ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/5/17 ORDERING that the December 7, 2016 findings and recommendations (ECF No. 30 ) are VACATED; and it is RECOMMENDED that: Petitioner's motion for stay (ECF No. 29 ) be denied; and Respondent's motion to dismiss (ECF No. 11 ) be granted; Petitioner's petition for a writ of habeas corpus (ECF No. 4 ) be dismissed; and within 30 days from any order adopting these findings and recommendations , petitioner be directed to file an amended petition raising only his exhausted claims (7), (8), and (11). Petitioner is cautioned that failure to file such amended petition will result in a recommendation that this action be dismissed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
December 7, 2016 Opinion or Order Filing 30 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/06/16 recommending that respondent's motion to dismiss 11 be granted. Petitioner's petition for a writ of habeas corpus 4 be dismissed. Within 30 days fro m any order adopting these findings and recommendations, petitioner be directed to file an amended petition raising only exhausted claims 7, 8, and 11. MOTION to DISMISS 11 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
September 15, 2016 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Kendall J. Newman on 9/15/16 ORDERING that petitioner's request for an extension of time (ECF No. 25 ) is GRANTED. Within 30 days from the date of this order, petitioner shall file a motion for stay. Failu re to file a motion for stay in compliance with this order will result in an order granting respondent's motion to dismiss and dismissing petitioner's unexhausted claims, and this action will proceed solely on petitioner's exhausted claims. No further extensions of time will be granted.(Dillon, M)
May 18, 2016 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Kendall J. Newman on 5/18/16 ORDERING that within 30 days from the date of this order, petitioner shall file an opposition to respondent's motion to dismiss petitioner's unexhausted claims, and a motion for stay. Petitioners motion for stay, if any, shall be briefed pursuant to Local Rule 230(l).(Dillon, M)
May 16, 2016 Opinion or Order Filing 19 ORDER signed by District Judge Troy L. Nunley on 5/13/2016 NOT ADOPTING 18 Findings and Recommendations; DENYING 11 Motion to Dismiss relative to the grounds that the petition was not timely filed; REFERRING this matter back to Magistrate Judge Kendall J. Newman for consideration of the alternative grounds for dismissal stated in the respondent's motion. (Michel, G.)
April 6, 2016 Opinion or Order Filing 18 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/5/16 RECOMMENDING that respondent's motion to dismiss 22 be granted; and this action be dismissed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Dillon, M)
February 16, 2016 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Kendall J. Newman on 2/16/16 DENYING 15 Motion to Stay; Petitioner shall file his opposition to respondents motion to dismiss within 30 days. No further extensions of time will be granted.(Dillon, M)
October 7, 2015 Opinion or Order Filing 6 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/07/15 ORDERING the clerk of the court is directed to assign a District Judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
September 3, 2015 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Kendall J. Newman on 9/2/15 ORDERING that Petitioners request for extension of time (ECF No. 1 ) is denied without prejudice; Within thirty days from the date of service of this order, petitioner shall file a petition that complies with the requirements; Clerk of the Court is directed to send petitioner the courts form for filing a petition for writ of habeas corpus, and the application to proceed in forma pauperis by a prisoner.(Dillon, M)
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Petitioner: Justin Steele
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Respondent: John N. Katavich
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