McCarty v. Kernan
Petitioner: Kenneth Gerald McCarty
Respondent: Scott Kernan
Case Number: 2:2018cv00037
Filed: January 8, 2018
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kings
Presiding Judge: Kendall J. Newman
Presiding Judge: Troy L. Nunley
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 20, 2018 Opinion or Order Filing 32 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/20/18 RECOMMENDING that respondent's motion to dismiss 22 be granted. The petition be dismissed without prejudice. The clerk of the court be directed to file the petition, nunc pro tuch as of 5/14/18, as a new action for habeas corpus, direct assigned to the undersigned and U.S. District Judge Troy L. Nunley. Motion to Dismiss 22 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
June 21, 2018 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/2018 DENYIING without prejudice 17 Motion to Amend. (Henshaw, R)
May 17, 2018 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/2018 ORDERING, within 14 days, petitioner shall inform the court whether he has now exhausted his state court remedies and wishes to proceed with the instant petition. (Yin, K)
April 11, 2018 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Kendall J. Newman on 4/11/2018 DENYING without prejudice 12 Motion to Stay. Petitioner granted 30 days to file a motion for stay as stated in this order. (Henshaw, R)
March 1, 2018 Opinion or Order Filing 9 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 03/01/18 ORDERING Petitioner is granted leave to proceed in forma pauperis. Petitioner show cause, within thirty days, why his application for a writ of habeas corpus should not be dismissed for failure to exhaust state remedies. The Clerk of the Court is directed to serve a copy of these findings and recommendations together with a copy of the petition filed in the instant case on the Attorney General of the State of California. (cc: Tami Krenzin, Attorney General)(Plummer, M)
January 19, 2018 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Kendall J. Newman on 1/19/2018 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 CA Supreme Court, he may file a request to voluntarily dismiss this action. (Henshaw, R)
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Petitioner: Kenneth Gerald McCarty
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Respondent: Scott Kernan
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