Tucker v. Warden
| Gregory Allen Tucker |
| Warden |
| 2:2018cv00035 |
| January 8, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Troy L. Nunley |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| 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
44
ORDER signed by Magistrate Judge Kendall J. Newman on 11/21/19 GRANTING 41 Petitioner's request. This action is dismissed without prejudice pursuant to FRCP 41(a). The clerk of court shall terminate all pending motions and close this action. CASE CLOSED. (Plummer, M)
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Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 11/4/2019 ORDERING respondent to notify this court, within 7 days, whether he has any objection to the dismissal of this action. (Henshaw, R)
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Filing
38
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/10/2019 ORDERING Warden Jose Gastelo is substituted as respondent; and RECOMMENDING respondent's 32 motion to dismiss be granted and this action be dismissed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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Filing
36
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 7/29/2019 ORDERING Warden Gastelo is substituted as Respondent and ORDERING Petitioner to show cause, within 30 days, why his failure to oppose 32 Motion to Dismiss should not be deemed a waiver of opposition to the granting of the motion, and he shall file an opposition. (Henshaw, R)
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Filing
34
ORDER signed by Magistrate Judge Kendall J. Newman on 6/5/2019 GRANTING 33 Motion for Extension of Time. Petitioner to have up to and including 7/15/2019 in which to file an opposition to 32 Motion to Dismiss. (Henshaw, R)
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Filing
29
ORDER signed by Magistrate Judge Kendall J. Newman on 2/6/2019 DENYING without prejudice 26 Petitioner's Motion to Appoint Counsel, to a renewal of the motion at a later stage of the proceedings. (Reader, L)
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Filing
27
ORDER signed by Magistrate Judge Kendall J. Newman on 1/14/19 GRANTING 20 Motion to Amend the petition; DENYING 17 Motion to Dismiss; and denying 25 Motion to conduct discovery. Within 30 days from the date of this order, petitioner shall fi le an amended petition on the courts form for filing a petition for writ of habeas corpus under 28 U.S.C. § 2254; the Clerk of the Court is directed to send petitioner the form for filing a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Plummer, M)
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Filing
22
ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/18 GRANTING 21 Motion for Extension. Plaintiff is GRANTED 30 days from the date of this order to file and serve his opposition to 17 Motion to Dismiss. (Coll, A)
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Filing
12
ORDER signed by Magistrate Judge Kendall J. Newman on 5/10/18 GRANTING 11 Motion to Stay. Within 30 days from the date the California Supreme Court issue a final order resolving the unexhausted claims, petitioner shall file in this court a motion to lift the stay. The clerk of the court is directed to administratively terminate this action. (Plummer, M)
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Filing
10
ORDER signed by Magistrate Judge Kendall J. Newman on 03/07/18 GRANTING 6 Motion to Proceed IFP. Petitioner is granted thirty days in which to file a motion for stay; if he seeks a stay under Rhines, petitioner must address each of the required elements: (1) the petitioner had good cause for his failure to exhaust, (2) his unexhausted claims are potentially meritorious, and (3) there is no indication that the petitioner engaged in intentionally dilatory litigation tactics. (Plummer, M)
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Filing
5
ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/2018 ORDERING Petitioner to submit, within 30 days from the date of this order, an affidavit in support of his request to proceed IFP or the appropriate filing fee. If Petitioner intended his filing for the California Supreme Court, he may file a request to voluntarily dismiss this action. (Henshaw, R)
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| Petitioner: Gregory Allen Tucker | |
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| Respondent: Warden | |
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