Burton v. Cate et al
| Ralph Lee Burton |
| Matthew Cate and Gerry Brown, Jr |
| 3:2010cv01797 |
| August 27, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| Riverside |
| Ruben B. Brooks |
| William Q. Hayes |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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Filing
33
ORDER: The (Doc. 32 ) Report and Recommendation is adopted in it entirety. Respondent's (Doc. 6 ) Motion to Dismiss is granted. Petitioner's (Doc. 20 ) Motion for Evidentiary Hearing is denied. The certificate of appealability is denied. Signed by Judge William Q. Hayes on 2/29/2012. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
25
ORDER: The (Doc. 21 ) Report and Recommendation is adopted except for page 11 line 21 through page 13 line 26 regarding the reception center and page 20 line 23 through page 21 line 14 regarding an evidentiary hearing. Petitioner's (Doc. 9 ) M otion to Strike is denied. Respondent's (Doc. 6 ) Motion to Dismiss and Petitioner's (Doc. 20 ) Motion for Evidentiary Hearing remain pending. This matter is referred to the Magistrate Judge to further develop the factual record on the is sue of whether Petitioner suffered an impediment pursuant to 28 U.S.C. Section 2244(d)(1)(B) and whether Petitioner is entitled to equitable tolling for any of the period from 1/13/2007 to 7/27/2007. Signed by Judge William Q. Hayes on 9/28/2011. (All non-registered users served via U.S. Mail Service.) (mdc)
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