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Carr v. McDowell et al (3:21-cv-00900-MMA-MSB)

U.S. District Court for the Southern District of California

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Carr v. McDowell et al (3:21-cv-00900-MMA-MSB)

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  • ORDER ADOPTING REPORT AND RECOMMENDATION of United States Magistrate Judge [Doc. No. (Document 22) ]; Granting Motion to Stay [Doc. No. (Document 16) ]. the Court ADOPTS the Report and Recommendation in its entirety, GRANTS Petitioner's motion for stay and abeyance , STAYS this case pursuant to Rhines, and HOLDS the action in abeyance while Petitioner exhausts his pending state court habeas claims. The Court DIRECTS Petitioner to file, every 90 days starting with the filing date of this Order, a status report t hat details Petitioner's progress in the California state courts. Moreover, the Court DIRECTS Petitioner to file, within 30 days of a final decision by the California Supreme Court, a motion requesting that the stay be lifted and that leave to f ile a First Amended Petition pursuant to 28 U.S.C. § 2254 be granted. Petitioner must include a proposed First Amended Petition with that filing. The Court further DIRECTS the Clerk of Court to administratively close the case until further order of the Court. Signed by Judge Michael M. Anello on 8/8/2022. (All non-registered users served via U.S. Mail Service) (tcf)

  • REPORT AND RECOMMENDATION for Order Granting (Document 18) Petitioner's Motion for Stay and Abeyance Pursuant to Rhines. Any party to this action may file written objections with the Court and serve a copy on all parties no later than 7/25/2022. Any reply to the objections shall be filed with the Court and served on all parties no later than 8/15/2022. Signed by Magistrate Judge Michael S. Berg on 7/15/2022. (All non-registered users served via U.S. Mail Service) (tcf)

  • ORDER Granting Second Extension of Time to File First Amended Petition [Doc. No. (Document 10) ]. The Court GRANTS an extension of time for filing of a First Amended Petition to 11/5/2021.. Signed by Judge Michael M. Anello on 8/25/2021.(All non-registered users served via U.S. Mail Service and blank amended petition form sent to Petitioner.) (tcf)

  • ORDER Granting (Document 5) Motion for Leave to Proceed In Forma Pauperis; Denying the Request for Counsel; Granting Extension of Time to File First Amended Petition. The Court GRANTS an extension of time for filing of a First Amended Petition to 9/20/2021. Signed by Judge Michael M. Anello on 7/9/2021. (All non-registered users served via U.S. Mail Service and Petitioner mailed amended petition form.) (tcf)

  • ORDER Denying (Document 2) Motion for Leave to Proceed In Forma Pauperis. Dismissing Case without Prejudice and with Leave to Amend. To reopen and proceed with this case, Petitioner must submit, no later than 7/19/2021, a First Amended Petition that cures t he pleading deficiencies outlined in this Order together with the required filing fee. If, on or before 7/19/2021, Petitioner has not satisfied the exhaustion requirement as to any claim presented in the action or requested a stay of this action whil e he exhausts his unexhausted claims, he will need to file a new petition which will be given a new civil case number. Signed by Judge Michael M. Anello on 5/19/2021. (All non-registered users served via U.S. Mail Service. Petitioner mailed a blank Amended Petition form.) (tcf)

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Carr v. McDowell et al (3:21-cv-00900-MMA-MSB)

U.S. District Court for the Southern District of California

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