Figueroa v. Lea

Petitioner: Jose Figueroa
Respondent: Melissa Lea
Case Number: 3:2010cv02274
Filed: November 3, 2010
Court: California Southern District Court
Office: San Diego Office
County: XX US, Outside State
Referring Judge: Jan M. Adler
Presiding Judge: Michael M. Anello
Nature of Suit: General
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
February 28, 2012 30 Opinion or Order of the Court ORDER Dismissing Petition Without Prejudice as to 1 Petition for Writ of Habeas Corpus, filed by Jose Figueroa. The Court hereby Dismisses Petitioner's federal habeas petition without prejudice, in its entirety, as mixed. Petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability should not issue in this action. Signed by Judge Michael M. Anello on 2/28/2012.(All non-registered users served via U.S. Mail Service)(leh)
October 28, 2011 24 Opinion or Order of the Court ORDER denying 21 Petitioner's Application for Certificate of Appealability; granting 23 Petitioner's Motion to Stay Enforcement of September 21, 2011 Order. For the reasons set forth above, the Court ORDERS as follows: (i) The Court DEN IES Petitioner's request for the Court to issue a certificate of appealability;(ii) The Court GRANTS Petitioner's motion to stay enforcement of the Court's September 21, 2011 Order until his appeal is terminated. Signed by Judge Michael M. Anello on 10/28/2011. (Order electronically transmitted to US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
September 21, 2011 19 Opinion or Order of the Court ORDER Adopting 15 Report and Recommendation; Granting in Part and Denying in Part 8 Motion to Stay and Abey. It is therefore ordered that Petitioner is not entitled to have his entire mixed petition stayed in federal court while he pursues his u nexhausted claims in state court. Therefore, if Petitioner intends to proceed with his exhausted claims in Federal Courtclaims one and twohe must file a notice of withdrawal of his unexhaustedclaimsclaims three through eightwithin 30 days of the date of this Order. However, Petitioner is advised that if he does not file a notice of withdrawal of his unexhausted claims within the time permitted, the Court will dismiss his entire federal habeas petition as mixed. Signed by Judge Michael M. Anello on 9/21/2011. (All non-registered users served via U.S. Mail Service)(leh)
January 13, 2011 7 Opinion or Order of the Court Order Setting Briefing Schedule on Motion for Stay and Abeyance: It is ordered that Petitioner shall file a brief in support of his Motion for stay and abeyance no later than February 18, 2011, Respondent shall file a response to the Motion for stay and abeyance no later than March 4, 2011, and Petitioner shall file his reply, if any, to the Respondents brief no later than March 18, 2011. Signed by Magistrate Judge Jan M. Adler on 1/13/2011.(All non-registered users served via U.S. Mail Service)(leh)

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Petitioner: Jose Figueroa
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Respondent: Melissa Lea
Represented By: Attorney General
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