Roberson v. People of the State of California
| Kenneth Wayne Roberson |
| People of the State of California |
| 2:2017cv00531 |
| March 13, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Glenn |
| Allison Claire |
| 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
28
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/25/18 RECOMMENDING that respondent's motion to dismiss 14 be granted and the petition be dismissed as unexhausted. This court decline to issue the certificate of appealability. Motion to Dismiss 14 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
17
ORDER signed by Magistrate Judge Allison Claire on 12/19/2017 ORDERING, within 21 days, plaintiff shall file and serve an opposition or statement of non-opposition to the pending 14 motion to dismiss. Failure to comply with this order will result in a recommendation that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).(Yin, K)
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Filing
8
ORDER signed by Magistrate Judge Allison Claire on 7/13/2017 DENYING without prejudice 7 Motion to Stay. Within 30 days of this order, petitioner may file motion for stay and abeyance under Rhines. If petitioner does not file a motion for stay or if he does not address all three Rhines factors, the court will proceed to order service of the petition without a stay and any unexhausted claims will be subject to dismissal unless the respondent explicitly waives the exhaustion requirement.(Henshaw, R)
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Filing
6
ORDER signed by Magistrate Judge Allison Claire on 6/13/2017 GRANTING petitioner's 5 motion to proceed IFP. Within 30 days, petitioner shall either (1) advise the court that he has exhausted his state court remedies or that they were unavai lable to him or (2) file a motion for stay and abeyance under Rhines while he returns to state court to exhaust his state court remedies. If petitioner does not respond to this order, the court will proceed to order service of the petition without a stay and any unexhausted claims will be subject to dismissal unless the respondent explicitly waives the exhaustion requirement. (Yin, K)
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Filing
4
ORDER signed by Magistrate Judge Allison Claire on 03/24/17 ordering petitioner shall submit within 30 days from service of this order, an application in support of his request to proceed in forma pauperis provided by the clerk of the court or the appropriate filing fee. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. (Plummer, M)
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| Petitioner: Kenneth Wayne Roberson | |
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| Respondent: People of the State of California | |
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