Rivera v. Peery
| Vincent Rivera |
| S. Peery |
| 2:2016cv00856 |
| April 25, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K. Delaney |
| 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
60
MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 5/14/21 ORDERING that the Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus is DENIED. Request for an evidentiary hearing is DENIED. The Court declines to issue a Certificate of Appealability. The Clerk of the Court is to enter judgment accordingly. (Kaminski, H)
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Filing
58
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/5/2020 GRANTING petitioner 60 days to file his traverse. (Yin, K)
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Filing
56
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/7/2020 ADOPTING 55 Findings and Recommendations in full; GRANTING 45 Motion to Dismiss; DISMISSING all claims appearing in 41 Second Amended Petition except part 1 of claim 2 and claim 4; and DIRECTING respondent to file and answer concerning the remaining claims within 30 days. (Coll, A)
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Filing
55
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/29/20 RECOMMENDING that respondent's motion to dismiss 45 be granted. All claims appearing in petitioner's second amended petition for writ of habeas corpus except part 1 of claim 2 and claim 4 be dismissed. Motion to Dismiss 45 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
46
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/26/2019 ORDERING, within 30 days, petitioner shall file an opposition to the pending 45 motion to dismiss or a statement of non-opposition. Failure to comply with this order will result in dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). (Yin, K)
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Filing
37
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/18 GRANTING petitioner 30 days to file a Second Amended Petition. Respondent need take no further action until receiving further notice from the court. (Coll, A)
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Filing
30
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/26/2017 DENYING without prejudice 27 Motion for Leave to File an Amended Petition and RECOMMENDING 28 Motion to Stay be granted; Clerk be directed to a dministratively close this case; and Petitioner be ordered to either file a motion for leave to file an amended petition or file notice that Petitioner will proceed on the original petition within 30 days of exhaustion of state court remedies. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
3
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/28/16 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: Vincent Rivera | |
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| Respondent: S. Peery | |
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