Lynch v. Peery
| Damon J. Lynch, Jr. |
| Suzanne M. Peery |
| 2:2016cv00448 |
| March 3, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Allison Claire |
| John A. Mendez |
| 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
11
ORDER signed by Magistrate Judge Allison Claire on 11/08/16 ordering this action is dismissed without prejudice. The clerk of the court is directed to note on the docket that this case is no longer referred to the District Judge effective 3/28/16, see 5 , and to close the case. CASE CLOSED (Plummer, M)
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Filing
8
ORDER signed by Magistrate Judge Allison Claire on 6/10/16 ORDERING that the Clerk of Court is directed to send petitioner, together with a copy of the instant order, copies of the courts orders filed April 13, 2016 order (ECF No. 6 ) and April 25, 2016 (ECF No. 7 ), and a copy of petitioners seven- page petition for writ of habeas corpus (ECF No. 1 ) at the following address: Damon J. Lynch, Jr., CDCR AU-8991, California Correctional Center P.O. Box 790, Susanville CA 96127-0790; The Cle rk of Court is also directed to designate petitioners current address on the docket of this case. Petitioner shall, within 45 days after service of this order, file the following: a. A notice of change of address that provides plaintiffs current f ull mailing address; and b. A response to the substance of the courts order filed April 13, 2016 (ECF No. 6 ), that is, if so intended by petitioner, a request to stay this action pursuant to the authority identified in the courts order. Petitioners failure to timely respond to this order will result in a recommendation that this action be dismissed without prejudice.(Dillon, M)
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Filing
7
ORDER signed by Magistrate Judge Allison Claire on 4/22/2016 ORDERING the Clerk to serve this order, together with the court's 4/13/2016 order, and a copy of petitioner's petition for writ of habeas corpus on petitioner's address at K onocti Conservation Camp; the Clerk is further directed to designate petitioner's correct mailing address on the docket, and to designate CCC Warden Suzanne M. Peery as respondent herein. Petitioner is directed to use his correct mailing address in future communications with the court. Petitioner has an additional 30 days to request a stay and abeyance of his habeas petition, as set forth in the court's 4/13/2016 order.(Yin, K) Modified on 4/25/2016 (Yin, K).
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Filing
6
ORDER signed by Magistrate Judge Allison Claire on 4/12/16 ORDERING that this court's recommendation that this action be dismissed without prejudice for failure to exhaust state court remedies, ECF No. 4 , is VACATED; the remainder of t he courts order remains valid. Petitioner may, within 30 days after the filing date of this order, file a motion to stay and hold in abeyance this action upon demonstration that petitioner had good cause for his failure to exhaust, his unexhausted claims are potentially meritorious, and there is no indication that the petitioner engaged in intentionally dilatory litigation tactics. (Dillon, M)
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Filing
4
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/24/2016 GRANTING petitioner's 2 request to proceed IFP; and the Clerk shall randomly assign a district judge to this action. IT IS RECOMMENDED that petitioner's 1 petition for a writ of habeas corpus be dismissed without prejudice for failure to exhaust state court remedies. Assigned and referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
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| Petitioner: Damon J. Lynch, Jr. | |
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| Respondent: Suzanne M. Peery | |
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