Burns v. Swarthout
Petitioner: Richard L. Burns
Respondent: Gary Swarthout
Case Number: 5:2011cv06301
Filed: December 19, 2011
Court: US District Court for the Northern District of California
Office: San Jose Office
County: XX US, Outside State
Presiding Judge: Edward J. Davila
Presiding Judge: PSLC HHL
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 20, 2013 Opinion or Order Filing 27 ORDER OF DISMISSAL. Respondent's 22 motion to dismiss the petition as untimely is GRANTED. The petition is hereby DISMISSED. A certificate of appealability will not issue. Signed by Judge William H. Orrick on 09/20/2013. (jmdS, COURT STAFF) (Filed on 9/20/2013)
February 25, 2013 Opinion or Order Filing 19 ORDER TO SHOW CAUSE. The Clerk shall serve by certified mail a copy of this order and the petition (Docket No. 11) and all attachments thereto on Respondent and Respondent's attorney, the Attorney General of the State of California. The Clerk also shall serve a copy of this order on Petitioner. Habeas Answer due by 4/26/2013. Signed by Judge Edward J. Davila on 2/22/2013. (ecg, COURT STAFF) (Filed on 2/25/2013)
November 15, 2012 Opinion or Order Filing 17 Order Granting 13 Motion for Reconsideration; Vacating Judgment and Reopening Case. The Judgment entered on June 25, 2012 is VACATED. the Court will conduct an initial review of the petition in a separate order. Signed by Hon. Edward J. Davila on 11/14/2012.(ecg, COURT STAFF) (Filed on 11/15/2012)
June 25, 2012 Opinion or Order Filing 9 ORDER OF DISMISSAL. The time provided for paying the filing fee has since passed, and Petitioner has not complied. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. The Clerk shall terminate any pending motions and close the file. Signed by Judge Edward J. Davila on 6/21/2012. (ecg, COURT STAFF) (Filed on 6/25/2012)
April 20, 2012 Opinion or Order Filing 7 ORDER DENYING re 3 MOTION TO LEAVE TO PROCEED IN FORMA PAUPERIS filed by Richard L. Burns. Petitioner must pay the $5 filing fee within thirty (30) days of the date of this order or face dismissal of this action for failure to pay the filing fee. Signed by Judge Edward J. Davila on 4/19/2012. (ecg, COURT STAFF) (Filed on 4/20/2012)
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Petitioner: Richard L. Burns
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Respondent: Gary Swarthout
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