Turner v. Asuncion
Petitioner: Lafonzo R. Turner
Respondent: Asuncion
Case Number: 2:2018cv01071
Filed: April 30, 2018
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
June 29, 2023 Opinion or Order Filing 33 ORDER signed by Senior Judge William B. Shubb on 6/28/2023 ADOPTING in FULL 32 Findings and Recommendations. The petition for writ of habeas corpus is DENIED, and the court DECLINES to issue the Certificate of Appealability. CASE CLOSED (Reader, L)
March 24, 2023 Opinion or Order Filing 32 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/23/2023 RECOMMENDING that the Petition for Writ of Habeas Corpus be denied and that the court decline to issue certificate of appealability. Referred to Judge William B. Shubb. Objections due within 21 days after being served with these findings and recommendations. (Spichka, K.)
October 30, 2019 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Allison Claire on 10/29/2019 DENYING without prejudice the pending 14 motion to lift the stay in this action. Petitioner shall, within 30 days: (a) File an Amended Motion to Lift the Stay in this action, togeth er with copies of the relevant decisions by the California Court of Appeal and the California Supreme Court that demonstrate exhaustion of petitioner's federal claims; (b) File a Second Amended Petition for Writ of Habeas Corpus pursuant to 2 8 U.S.C. § 2544, on the form provided herewith, that clearly identifies each of petitioner's state exhausted claims together with an accurate summary of the post-conviction proceedings exhausting each claim (petitioner shall attach any re levant exhibits); (c) Petitioner's Amended Motion and Second Amended Petition shall bear the case number of this action and shall be filed only in the instant action. The Clerk shall send petitioner a form for filing a habeas corpus petition; the Clerk shall enter the current case number on the first page of the form and provide on additional set of pages 6-13. (Yin, K)
September 18, 2019 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Allison Claire on 9/18/2019 ORDERING Clerk of Court to file in the instant case a copy of the petition filed in Turner v. Eldridge, Case No. 2:19-cv-1577 KJM GGH (ECF No. 1), and designate it in this case as "Fi rst Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254" and ORDERING Petitioner to file a motion to lift the stay in this action and to proceed on the First Amended Petition, as detailed in this order, within 30 days after service of this order. (Henshaw, R)
August 27, 2019 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Allison Claire on 8/26/2019 DIRECTING petitioner to file and serve, within 21 days, a status report informing the court of the progress of his habeas claims in the state courts. (Yin, K)
September 28, 2018 Opinion or Order Filing 8 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/27/18 ORDERING the Clerk of the Court shall randomly assing a district judge to this action. Also, RECOMMENDING that petitioners motion for a stay, 6 , be GRANTE D. Petitioner be directed to file in this court, within thirty (30) days after the filing date of the California Supreme Courts final order resolving petitioners unexhausted claims, a motion tolift the stay and a motion to file an amended petition fo r writ of habeas corpus, together with a proposed First Amended Petition. The Clerk of the Court be directed to administratively close this case for the duration of the stay. Motion to Stay 6 assigned and referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
August 21, 2018 Opinion or Order Filing 5 ORDER signed by Magistrate Judge Allison Claire on 8/20/2018 GRANTING petitioner's 4 motion to proceed IFP and petitioner may, within 30 days, file a motion for stay and abeyance of this action pending exhaustion of petitioner's claims in state court. Alternatively, petitioner may request the voluntary dismissal of this action without prejudice. Failure of petitioner to timely file a motion to stay and abey this action, or request the voluntary dismissal of this action, will result in the involuntary dismissal of this action without prejudice. (Yin, K)
May 7, 2018 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Allison Claire on 05/04/18 ORDERING 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. 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: Lafonzo R. Turner
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Respondent: Asuncion
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