Zaragoza v. Martel et al
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|Date Filed||#||Document Text|
|April 19, 2011
ORDER (1) Adopting Magistrate Judge's Report and Recommendation, (2) Granting request to Dismiss unexhausted claims and (3) Requiring Response re 14 , 17 , 19 . The Court adopts the recommendation to deny the motion for a stay and abeyance. The Court dismisses without prejudice Petitioner's first through third claims for relief. Respondent shall file and serve an Answer to the Petition, and a memorandum of points and authorities in support of such answer, pursuant to Rule 5 of the Rul es Governing § 2254 Cases no later than May 19, 2011. At the time the answer is filed, Respondent shall lodge with the Court all records bearing on the merits of Petitioner's claim. The lodgments shall be accompanied by a notice of lodgment which shall be captioned "Notice of Lodgment in 28 U.S.C. § 2254 Habeas Corpus Case To Be Sent to Clerk's Office." Petitioner may file a Traverse no later than June 20, 2011. No traverse shall exceed ten (10) pages in length. Signed by Judge Dana M. Sabraw on 4/19/11. (All non-registered users served via U.S. Mail Service)(lao)(jrd)
|August 26, 2010
ORDER (1) Adopting In Part and Rejecting In Part (Doc. 12 ) Magistrate Judge's Report and Recommendation, (2) Providing Options, and (3) Denying (Doc. 8 ) Respondent's Motion To Dismiss Without Prejudice. Petitioner shall inform the Cour t of his decision to file a motion to stay by 9/27/2010. If Petitioner fails to respond to this Order, the Petition will be dismissed without prejudice. Signed by Judge Dana M. Sabraw on 8/26/2010. (All non-registered users served via U.S. Mail Service) (srm)
|December 4, 2009
ORDER sua sponte substituting Respondent. The Court Orders the substitution of Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of "Michael Martel." Signed by Magistrate Judge William McCurine, Jr on 12/4/09. (All non-registered users served via U.S. Mail Service)(lao) (av1).
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