(HC) Roberson v. People of the State of California (2:17-cv-00531), California Eastern District Court

(HC) Roberson v. People of the State of California

California Eastern District Court
Judge:	Morrison C England, Jr
Case #:	2:17-cv-00531
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2254 Petition for Writ of Habeas Corpus (State)

Case Filed:	Mar 13, 2017
Terminated:	Nov 07, 2018

Petitioner Kenneth Wayne Roberson
Respondent California State Prison - Solano
Respondent People of the State of California

	GPO Mar 27 2017 ORDER signed by Magistrate Judge Allison Claire on 03/24/17 ordering petitioner shall submit within 30 days from service of this order, an application in support of his request to proceed in forma pauperis provided by the clerk of the court or the appropriate filing fee. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. (Plummer, M)
	GPO Jun 13 2017 ORDER signed by Magistrate Judge Allison Claire on 6/13/2017 GRANTING petitioner's 5 motion to proceed IFP. Within 30 days, petitioner shall either (1) advise the court that he has exhausted his state court remedies or that they were unavailable to him or (2) file a motion for stay and abeyance under Rhines while he returns to state court to exhaust his state court remedies. If petitioner does not respond to this order, the court will proceed to order service of the petition without a stay and any unexhausted claims will be subject to dismissal unless the respondent explicitly waives the exhaustion requirement. (Yin, K)
	GPO Jul 14 2017 ORDER signed by Magistrate Judge Allison Claire on 7/13/2017 DENYING without prejudice 7 Motion to Stay. Within 30 days of this order, petitioner may file motion for stay and abeyance under Rhines. If petitioner does not file a motion for stay or if he does not address all three Rhines factors, the court will proceed to order service of the petition without a stay and any unexhausted claims will be subject to dismissal unless the respondent explicitly waives the exhaustion requirement.(Henshaw, R)
	GPO Dec 20 2017 ORDER signed by Magistrate Judge Allison Claire on 12/19/2017 ORDERING, within 21 days, plaintiff shall file and serve an opposition or statement of non-opposition to the pending 14 motion to dismiss. Failure to comply with this order will result in a recommendation that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).(Yin, K)
	GPO Sep 26 2018 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/25/18 RECOMMENDING that respondent's motion to dismiss 14 be granted and the petition be dismissed as unexhausted. This court decline to issue the certificate of appealability. Motion to Dismiss 14 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

Docket last updated: 04/17/2024 11:59 PM PDT

Monday, November 26, 2018
		misc Mail Returned Tue 11/27 11:33 AM MAIL RETURNED as Undeliverable, Retun to Sender - Refused - Unable to Forward:29 Order Adopting Findings and Recommendations, Findings and Recommendations (Order), Order on Motion to Dismiss,30 Judgment sent to Kenneth Wayne Roberson. Notice of Change of Address due by 2/4/2019. (Washington, S) Related: [-]
Wednesday, November 07, 2018
30		30 order Judgment Wed 11/07 10:42 AM JUDGMENT dated 11/7/18 pursuant to order signed by District Judge Morrison C. England, Jr on 11/6/18. (Coll, A) Related: [-]
29		29 2 pgs order Order Adopting Findings and Recommendations Order on Motion to Dismiss Wed 11/07 10:41 AM ORDER signed by District Judge Morrison C. England, Jr. on 11/6/18 ADOPTING28 Findings and Recommendations in full and GRANTING14 Motion to Dismiss. The petition is DISMISSED as unexhausted. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. � 2253. CASE CLOSED. (Coll, A) Related: [-]
		service Service by Mail Wed 11/07 10:43 AM SERVICE BY MAIL:29 Order Adopting Findings and Recommendations and30 Judgment served on Kenneth Wayne Roberson. (Coll, A) Related: [-]
Wednesday, September 26, 2018
28		28 motion Findings and Recommendations Wed 09/26 8:29 AM FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/25/18 RECOMMENDING that respondent's motion to dismiss14 be granted and the petition be dismissed as unexhausted. This court decline to issue the certificate of appealability. Motion to Dismiss14 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M) Related: [-]
		service Service by Mail Wed 09/26 8:29 AM SERVICE BY MAIL:28 Findings and Recommendations (Motion), served on Kenneth Wayne Roberson. (Plummer, M) Related: [-]
Monday, July 16, 2018
27		27 notice Notice of Change of Address Tue 07/17 10:40 AM NOTICE of CHANGE of ADDRESS to P.O. Box 4000, Vacaville, CA 95696 by Kenneth Wayne Roberson. (Kaminski, H) Related: [-]
Thursday, July 05, 2018
26		26 notice Notice of Change of Address Fri 07/06 12:41 PM NOTICE of CHANGE of ADDRESS to Deuel Vocational Institution, 23500 Kasson Road, Tracy, CA 95378 by Kenneth Wayne Roberson. (Becknal, R) Related: [-]
Wednesday, May 23, 2018
25		25 motion Miscellaneous Relief Thu 05/24 9:38 AM MOTION requesting rule of completeness by Kenneth Wayne Roberson. (Kastilahn, A) Related: [-]
Thursday, March 15, 2018
24		24 2 pgs order Order on Motion for Extension Thu 03/15 8:42 AM ORDER signed by Magistrate Judge Allison Claire on 03/14/18 denying22 ,23 Motions for Extension of time. (Plummer, M) Related: [-]
		service Service by Mail Thu 03/15 8:42 AM SERVICE BY MAIL:24 Order on Motion for Extension, served on Kenneth Wayne Roberson. (Plummer, M) Related: [-]
Wednesday, March 07, 2018
23		23 motion Extension of Time Thu 03/08 5:07 PM MOTION for EXTENSION OF TIME and NOTICE OF CHANGE OF ADDRESS to 141 S. Lassen Street Willows, CA 95988 by Kenneth Wayne Roberson. (Mena-Sanchez, L) Related: [-]
Thursday, February 22, 2018
22		22 motion Extension of Time Fri 02/23 4:40 PM MOTION for 30-DAY EXTENSION OF TIME to bring the case up to date; and NOTICE OF CHANGE OF ADDRESS to 141 S. Lassen Street Willows, CA 95988 by Kenneth Wayne Roberson. (Mena-Sanchez, L) Related: [-]
Thursday, January 18, 2018
21		21 misc Reply Thu 01/18 11:12 AM REPLY by California State Prison - Solano re19 Opposition to Motion.(Mitchell, Stephanie) Related: [-]
		Att: 1 Proof of Service
Wednesday, January 10, 2018
20		20 notice Notice (Other) Thu 01/11 10:26 AM NOTICE of WITHDRAWAL by Kenneth Wayne Roberson of18 Opposition ("Motion to Seek Relief from Procedural Default"). (Benson, A.) Related: [-]
19		19 respm Opposition to Motion Thu 01/11 10:18 AM OPPOSITION ("Motion to Seek Relief from Procedural Default") by Kenneth Wayne Roberson to14 Motion to Dismiss. (Benson, A.) Related: [-]
Monday, January 08, 2018
18		18 respm Opposition to Motion Tue 01/09 3:18 PM OPPOSITION ("Motion to Seek Relief from Procedural Default") by Kenneth Wayne Roberson to14 Motion to Dismiss. (Benson, A.) Related: [-]
Wednesday, December 20, 2017
17		17 1 pgs order Order Wed 12/20 10:00 AM ORDER signed by Magistrate Judge Allison Claire on 12/19/2017 ORDERING, within 21 days, plaintiff shall file and serve an opposition or statement of non-opposition to the pending14 motion to dismiss. Failure to comply with this order will result in a recommendation that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).(Yin, K) Related: [-]
		service Service by Mail Wed 12/20 10:00 AM SERVICE BY MAIL:17 Order served on Kenneth Wayne Roberson. (Yin, K) Related: [-]
Thursday, November 02, 2017
16		16 misc Consent to Jurisdiction of US Magistrate Judge Fri 11/03 8:57 AM CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Kenneth Wayne Roberson. (York, M) Related: [-]
		misc Acknowledgement of Receipt Thu 11/02 3:06 PM ACKNOWLEDGEMENT OF RECEIPT of15 lodged documents from Stephanie Mitchell,. (Benson, A.) Related: [-]
Wednesday, November 01, 2017
15		15 notice Notice of Filing / Lodging Document in Paper Wed 11/01 10:01 AM NOTICE OF LODGING DOCUMENT IN PAPER by California State Prison - Solano: Documents in Support of Motion to Dismiss.(Mitchell, Stephanie) Related: [-]
		Att: 1 Proof of Service
Monday, October 30, 2017
14		14 motion Dismiss Mon 10/30 2:08 PM MOTION to DISMISS by California State Prison - Solano.(Mitchell, Stephanie) Related: [-]
		Att: 1 Declaration of Service
Thursday, October 26, 2017
13		13 notice Notice (Other) Thu 10/26 9:20 AM CLERK'S NOTICE (TEXT ONLY): This case is assigned to U.S. District Judge Morrison C. England Jr. and U.S. Magistrate Judge Allison Claire; the new case number is 2:17-cv-0531 MCE AC (HC). (Plummer, M) Related: [-]
		service Service by Mail Thu 10/26 9:20 AM SERVICE BY MAIL: 13 Notice - Other served on Kenneth Wayne Roberson. (Plummer, M) Related: [-]
Wednesday, October 25, 2017
12		12 misc Decline of Jurisdiction of US Magistrate Judge Wed 10/25 8:18 AM DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by California State Prison - Solano. Attorney Mitchell, Stephanie Ayn added.(Mitchell, Stephanie) Related: [-]
		Att: 1 Proof of Service
Thursday, August 31, 2017
11		11 misc Document(s) Served Electronically Thu 08/31 11:02 AM DOCUMENT SERVED ELECTRONICALLY:1 Petition for Writ of Habeas Corpus served on Tami Krenzin, Supervising Deputy Attorney General. (Henshaw, R) Related: [-]
10		10 order 09 - Order Re Consent or Request for Reassignment Thu 08/31 11:01 AM ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Allison Claire on 8/31/2017. Consent or Decline due by 10/5/2017. (cc: Tami Krenzin, Supervising Deputy Attorney General) (Henshaw, R) Related: [-]
9		9 order 06 - HC/Order Requiring Respondent to File a Response Thu 08/31 11:00 AM ORDER signed by Magistrate Judge Allison Claire on 8/31/2017 ORDERING warden of CSP-Solano substituted as respondent and Clerk of Court to amend the docket accordingly; ORDERING ground one of the petition dismissed; and DIRECTING respondent to file a response to grounds two, three, and four of the petition within 60 days from the date of this order. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General. (cc: Tami Krenzin, Supervising Deputy Attorney General) (Henshaw, R) Related: [-]
		service Service by Mail Thu 08/31 11:01 AM SERVICE BY MAIL:9 Order Directing Respondent to File a Response to the Petition served on Kenneth Wayne Roberson. (Henshaw, R) Related: [-]
Friday, July 14, 2017
8		8 order Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Motion to Stay Fri 07/14 10:05 AM ORDER signed by Magistrate Judge Allison Claire on 7/13/2017 DENYING without prejudice7 Motion to Stay. Within 30 days of this order, petitioner may file motion for stay and abeyance under Rhines. If petitioner does not file a motion for stay or if he does not address all three Rhines factors, the court will proceed to order service of the petition without a stay and any unexhausted claims will be subject to dismissal unless the respondent explicitly waives the exhaustion requirement.(Henshaw, R) Related: [-]
		service Service by Mail Fri 07/14 10:06 AM SERVICE BY MAIL:8 Order served on Kenneth Wayne Roberson. (Henshaw, R) Related: [-]
Wednesday, June 28, 2017
7		7 motion Stay Thu 06/29 10:37 AM MOTION to STAY and ABEYANCE by Kenneth Wayne Roberson to preserve the filing date re6 Order. (Nguyen, K) Related: [-]
Tuesday, June 13, 2017
6		6 order Order Order on Motion to Proceed In Forma Pauperis Tue 06/13 3:03 PM ORDER signed by Magistrate Judge Allison Claire on 6/13/2017 GRANTING petitioner's5 motion to proceed IFP. Within 30 days, petitioner shall either (1) advise the court that he has exhausted his state court remedies or that they were unavailable to him or (2) file a motion for stay and abeyance under Rhines while he returns to state court to exhaust his state court remedies. If petitioner does not respond to this order, the court will proceed to order service of the petition without a stay and any unexhausted claims will be subject to dismissal unless the respondent explicitly waives the exhaustion requirement. (Yin, K) Related: [-]
		service Service by Mail Tue 06/13 3:03 PM SERVICE BY MAIL:6 Order served on Kenneth Wayne Roberson. (Yin, K) Related: [-]
Thursday, April 13, 2017
5		5 motion In Forma Pauperis Fri 04/14 11:06 AM MOTION to PROCEED IN FORMA PAUPERIS by Kenneth Wayne Roberson. (Mena-Sanchez, L) Related: [-]
Monday, March 27, 2017
4		4 order Order Mon 03/27 9:13 AM ORDER signed by Magistrate Judge Allison Claire on 03/24/17 ordering petitioner shall submit within 30 days from service of this order, an application in support of his request to proceed in forma pauperis provided by the clerk of the court or the appropriate filing fee. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. (Plummer, M) Related: [-]
		service Service by Mail Mon 03/27 9:13 AM SERVICE BY MAIL:4 Order, and prisoner IFP form served on Kenneth Wayne Roberson. (Plummer, M) Related: [-]
Wednesday, March 22, 2017
3		3 misc Consent to Jurisdiction of US Magistrate Judge Thu 03/23 11:40 AM CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Kenneth Wayne Roberson. (Zignago, K.) Related: [-]
Tuesday, March 14, 2017
2		2 order Prisoner New Case Documents for Magistrate Judge as Presider Tue 03/14 2:37 PM PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/17/2017 (Washington, S) Related: [-]
		Att: 1 Order re Consent
		service Service by Mail Tue 03/14 2:37 PM SERVICE BY MAIL:2 Prisoner New Case Documents for Magistrate Judge as Presider served on Kenneth Wayne Roberson. (Washington, S) Related: [-]
Monday, March 13, 2017
1		1 cmp Petition for Writ of Habeas Corpus Tue 03/14 2:37 PM PETITION for WRIT of HABEAS CORPUS against People of the State of California by Kenneth Wayne Roberson.(Washington, S) Related: [-]

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