Karafili v. Tilton et al
| Enver Karafili |
| James Tilton and Edmond G. Brown, Jr. |
| 3:2007cv01372 |
| August 31, 2007 |
| US District Court for the Southern District of California |
| San Diego Office |
| Solano |
| Roger T. Benitez |
| Nita L. Stormes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
25
ORDER denying 23 Motion for Certificate of Appealability. The Court has fully reviewed the legal issues raised by Petitioner and concludes that the claims are not debatable among reasonable jurists and do not deserve further encouragement. The Cou rt denies Petitioner's application for a certificate of appealability. The Court denies Petitioner's renewed motion for an evidentiary hearing in this Court. The Court further denies without prejudice Petitioner's motion for appointm ent of counsel and directs Petitioner to renew his motion for appointment of counsel before the Ninth Circuit Court of Appeals. Signed by Judge Roger T. Benitez on 3/6/2009. (cc: US Court of Appeals). (All non-registered users served via U.S. Mail Service). (akr)
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Filing
18
ORDER Adopting in Part and Deferring in Part Report and Recommendation 15 Re; Respondent's Motion to Dismiss 10 : Motion to Dismiss is denied without prejudice. The Magistrate Judges recommendation to expand the record is adopted. Respondent is directed to expand the record by lodging with the Court, within 45 days, copies of any documents in the custody of the CA Department of Corrections which tend to indicate Karafilis mental condition during the time period when the federal habeas st atute of limitations was running. Within 30 days after documents are lodged, Petitioner may admit or deny the correctness of any of the newly lodged documents. Thirty days following, Respondent may re-assert its motion to dismiss or alternatively file an Answer to the Petition. Signed by Judge Roger T. Benitez on 9/8/08. (All non-registered users served via U.S. Mail Service).(asw) (av1).
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Filing
9
ORDER granting 7Motion for Leave to Proceed in forma pauperis. The Clerk of the Court shall file the Petition for Writ of Habeas Corpus without prepayment of the filing fee. Signed by Judge Roger T. Benitez on 08/31/07. (joeh)
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Filing
5
ORDER DISMISSING CASE. The Court DENIES the request to proceed in forma pauperis, and DISMISSES the case without prejudice. To have the case reopened, Petitioner must, no later than October 9, 2007, provide the Court with: (1) a copy of this Order to gether with the $5.00 filing fee; or (2) a copy of this Order together with adequate proof that Petitioner cannot pay the $5.00 filing fee. Signed by Judge Roger T. Benitez on 08/06/07. (Blank Motion to proceed in forma pauperis form.)(joeh)
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