Givens v. Seibel
| Francois P. Givens |
| Kimberly Seibel |
| 2:2017cv00328 |
| February 15, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Carolyn K. Delaney |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
68
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/12/22 ADOPTING, to the extent consistent with this order, 63 the Findings and Recommendations and DENYING petitioner's claim 12. The court DECLINES to issue a certificate of appealability. CASE CLOSED (Kastilahn, A)
|
|
Filing
63
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 02/28/22 RECOMMENDING that petitioner's claim 12 be denied; and this case be closed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
|
|
Filing
50
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/22/2021 ORDERING Petitioner objects to the F & R's and argues in addition that his claims are subject to statutory and equitable tolling. See Objections, ECF No. 48 . The court const rues these objections as a motion for reconsideration or other relief from the court's order at ECF No. 43 on the grounds of statutory and equitable tolling. The court finds it would be unjust to resolve petitioner's motion without permit ting respondent an opportunity to be heard in opposition. Respondent may file an opposition or statement of non-opposition within 30 days of this order, and petitioner may file an optional reply within 30 days of receiving service of an opposition.(Reader, L)
|
|
Filing
44
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/13/2020 RECOMMENDING claims 1-11 in petitioner's 7 amended petition for writ of habeas corpus be dismissed as time-barred; claim 12 in petitioner's amended petition for writ of habeas corpus be summarily dismissed; and this case be closed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K) Modified on 11/16/2020 (Yin, K).
|
|
Filing
43
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/2/2020 DECLINING TO ADOPT 35 Findings and Recommendations. The delay between Mr. Givens' state-court petitions was not reasonable, so the limitations period was not tolled. Any c laims in Mr. Givens 7 Amended Petition, that do not relate back to the claims in his original 1 Petition for Writ of Habeas Corpus, are DISMISSED. This matter is REFERRED back to the assigned Magistrate Judge for further proceedings. This order resolves 17 Motion to Dismiss. (Tupolo, A)
|
|
Filing
35
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 09/17/19 RECOMMENDING that respondent's motion to dismiss 17 be denied. Motion to Dismiss 17 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
|
|
Filing
33
ORDER signed by District Judge Kimberly J. Mueller on 3/29/19 NOT ADOPTING 27 Findings and Recommendations and REFERRING the matter back to the assigned Magistrate Judge. (Coll, A)
|
|
Filing
30
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/12/2019 GRANTING 29 Motion for Extension of Time. Petitioner granted until 3/22/2019 to file a reply to 28 Objections. (Henshaw, R)
|
|
Filing
27
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/8/2019 RECOMMENDING respondent's 17 motion to dismiss be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
|
|
Filing
5
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/28/17 ORDERING that petitioner's request for leave to proceed in forma pauperis (ECF No. 2 ) is GRANTED; Petitioner's motion for a stay (ECF No. 3 ) is GRANTED; Within 30 days of exhaustion of state court remedies, petitioner shall file an amended petition for writ of habeas corpus in which petitioner asserts all of his claims; and the Clerk of the Court is directed to administratively close this case.(Dillon, M)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Givens v. Seibel | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Francois P. Givens | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Kimberly Seibel | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
