Aguon v. Montgomery et al
Michael J. Aguon |
Warren L. Montgomery and Kamala D. Harris |
3:2016cv02421 |
September 26, 2016 |
US District Court for the Southern District of California |
San Diego Office |
Imperial |
Jan M. Adler |
Dana M. Sabraw |
General |
28 U.S.C. ยง 2254 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 36 ORDER DISMISSING CASE. Petitioner's arguments are without merit. The Petition for a Writ of Habeas Corpus is denied. Court declines to issue the certificate of appealability. The Clerk is directed to close this case. Signed by Judge Cynthia Bashant on 11/20/2018. (All non-registered users served via U.S. Mail Service) (jah) |
Filing 16 ORDER: (1) Adopting 13 Report and Recommendation; (2) Granting 12 Motion to Stay; and (2) Denying Respondent's 10 Motion to Dismiss. This action is stayed until the California Supreme Court rules on Petitioner's pending state habeas petition Signed by Judge Roger T. Benitez on 8/28/2017.(All non-registered users served via U.S. Mail Service)(knb) |
Filing 13 REPORT AND RECOMMENDATION on the Warden's 10 Motion to Dismiss Habeas Petition and Petitioner Aguon's Request for a Stay. This Court RECOMMENDS that: 1) Aguon's request for a stay (ECF No. 12) be GRANTED, and that the case be stayed until the California Supreme Court rules on his pending state habeas petition; 2) Aguon be required to file a status report about his state habeas petition every two months, starting on the first day of the month after the District Judge's rulin g in this matter, and to file a final status report within seven days of any ruling on his state habeas petition; and 3) respondent's motion to dismiss (ECF No. 10) be DENIED. Upon being served with a copy of this report, the parties have 14 day s to file any objections. Upon being served with any objections, the party receiving such objections has 14 days to file any response. Signed by Magistrate Judge Andrew G. Schopler on 6/12/2017.(All non-registered users served via U.S. Mail Service)(aef) |
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