Torres v. Ducart
Petitioner: Vincent Benjamin Torres
Respondent: Ducart
Case Number: 2:2016cv00812
Filed: April 18, 2016
Court: U.S. District Court for the Eastern District of California
Office: Sacramento Office
County: San Joaquin
Presiding Judge: Kendall J. Newman
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
November 14, 2019 Opinion or Order Filing 32 ORDER signed by District Judge John A. Mendez on 11/14/19 ADOPTING 31 Findings and Recommendations. Petitioner's application for a writ of habeas corpus is denied. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. (Kaminski, H)
September 5, 2019 Opinion or Order Filing 31 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/4/2019 RECOMMENDING 1 Petition for Writ of Habeas Corpus be denied. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
March 3, 2017 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Kendall J. Newman on 3/3/2017 DENYING denying 11 Motion to Stay; Respondent is directed to file a response to petitioner's habeas petition within sixty days from the date of this order. An answer shall be accom panied by all transcripts and other documents relevant to the issues presented in the petition. If the response to the habeas petition is an answer, petitioners reply, if any, shall be filed and served within thirty days after service of the answer; If the response to the habeas petition is a motion, petitioners opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondent's reply, if any, shall be filed and served within fourteen days thereafter; The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. (cc: M. Farrell) (Washington, S)
October 19, 2016 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/16 ordering that within 30 days from the date of this order, petitioner shall file an amended petition raising only exhausted claims. (Plummer, M)
September 9, 2016 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Kendall J. Newman on 9/9/2016 DENYING without prejudice petitioner's 8 motion for stay. Any renewed motion for stay shall be filed within 30 days. (Yin, K)
June 23, 2016 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Kendall J. Newman on 6/23/16 ORDERING that 6 Motion to Proceed IFP is GRANTED; Within 30 days from the date of this order, petitioner shall file a request for stay. If petitioner seeks to stay this action un der Rhines, he must address the three Rhines conditions set forth above. Failure to file a request for stay in compliance with this order will result in an order dismissing petitioners unexhausted claims, and this action will proceed solely on petitioners exhausted claims.(Dillon, M)
April 22, 2016 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/2016 ORDERING petitioner to submit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee ; and the Clerk shall send petitioner an ifp form.(Yin, K)
April 20, 2016 Opinion or Order Filing 2 ORDER TRANSFERRING Case to the Sacramento Division, signed by Magistrate Judge Michael J. Seng on 4/19/16. New Case Number 2:16-cv-00812-KJN. Old Case Number 1:16-cv-00543-MJS. (Marrujo, C)
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Petitioner: Vincent Benjamin Torres
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Respondent: Ducart
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