| -- |
Filed: 1/19/2001, Entered: 1/23/2001 |
Notice Of Assignment |
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NOTICE of Assignment that case is assigned to Chief Judge Stephen M. McNamee and is referred to Mag Judge Morton Sitver and Court's Legal Staff for review. (TLJ)
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| 1 |
Filed: 1/19/2001, Entered: 1/23/2001 |
Petition for Writ of Habeas Corpus |
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PETITION FOR WRIT OF HABEAS CORPUS (TLJ)
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| 2 |
Filed: 2/20/2001, Entered: 2/20/2001 |
Order |
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ORDER by Mag Judge Morton Sitver that a copy of the habeas corpus petition [1-1] be served upon the respondent and the Attorney General of the State of Arizona by certified mail .... (cc: all counsel) (certified mail service sent out this date) (LAD)
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| 3 |
Filed: 2/23/2001, Entered: 2/26/2001 |
Summons Returned Executed - Complaint/Habeas Petit |
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RETURN OF SERVICE EXECUTED of petition/order upon respondent Janet Napolitano by certified mail service upon Paul J McMurdie on 2/21/01 (LAD)
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| 4 |
Filed: 2/23/2001, Entered: 2/26/2001 |
Summons Returned Executed - Complaint/Habeas Petit |
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RETURN OF SERVICE EXECUTED of petition/order upon respondent Terry Stewart by certified mail on 2/21/01 (LAD)
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| 5 |
Filed: 2/27/2001, Entered: 3/1/2001 |
Notice of Appearance |
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ATTORNEY APPEARANCE for respondents by Gregory A McCarthy (LAD)
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| 6 |
Filed: 3/2/2001, Entered: 3/5/2001 |
Notice of Appearance |
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ATTORNEY APPEARANCE for petitioner Barbara Ruth Cram by Terri Capozzi (LAD)
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| 7 |
Filed: 3/2/2001, Entered: 3/5/2001, Terminated: 3/7/2001 |
Motion to Amend/Correct |
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MOTION for modification of order dated 2/20/01 by petitioner Barbara Ruth Cram [7-1] and REQUEST to file amended petition by petitioner Barbara Ruth Cram [7-2] (proposed petition not provided) (LAD)
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| 8 |
Filed: 3/7/2001, Entered: 3/7/2001 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion for modification of order dated 2/20/01 by petitioner Barbara Ruth Cram [7-1], granting motion to file amended petition by petitioner Barbara Ruth Cram [7-2] (proposed petition not provided) subject to any defenses respondents may assert with respect to original or amended petition; petitioner shall have an extension of 60 days within which to file an amended petition for writ of habeas corpus (cc: all counsel) (LAD)
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| 9 |
Filed: 3/12/2001, Entered: 3/13/2001 |
Notice of Change of Address |
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NOTICE by petitioner Barbara Ruth Cram of change of address: PO Box 373, La Verkin, Utah 84745 (address already updated in system) (LAD)
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| 10 |
Filed: 3/22/2001, Entered: 3/22/2001 |
Mail Returned |
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RETURNED MAIL addressed to: Barbara Ruth Cram [8-1]; "return to sender, inmate no longer in custody, MCSO;" remailed to new address 3/22/01 (LAD)
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| 11 |
Filed: 5/4/2001, Entered: 5/8/2001, Terminated: 7/12/2001 |
Amended Petition for Writ of Habeas Corpus |
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AMENDED PETITION FOR WRIT OF HABEAS CORPUS by petitioner Barbara Ruth Cram (LAD)
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| 12 |
Filed: 5/4/2001, Entered: 5/8/2001 |
Exhibit |
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Appendices to amended petition for writ of habeas corpus by petitioner [11-1] (BULKY DOCUMENT) (LAD)
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| 13 |
Filed: 5/24/2001, Entered: 5/24/2001 |
Order |
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ORDER by Mag Judge Morton Sitver that a copy of the amended habeas corpus petition [11-1] and this order be served upon the respondent and the Attorney General of the State of Arizona by certified mail (cc: all counsel) (LAD)
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| 14 |
Filed: 5/30/2001, Entered: 5/30/2001 |
Summons Returned Executed - Complaint/Habeas Petit |
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RETURN OF SERVICE EXECUTED summons and complaint upon respondent Terry Stewart, respondent Janet Napolitano on 5/29/01 by certified mail (former emp)
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| 15 |
Filed: 7/9/2001, Entered: 7/11/2001 |
Motion for Extension of Time to File Answer |
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MOTION to extend time to answer (respond) to amend habeas corpus petition [11-1] by respondents [15-1] (proposed response/answer not provided) (LAD)
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| 16 |
Filed: 7/12/2001, Entered: 7/12/2001 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time to answer (respond) to amend habeas corpus petition [11-1] by respondents [15-1] (proposed response/answer not provided); granting respondents a 30-day extention of time to answer/respond to the habeas corpus petition [11-1] (cc: all counsel) (LAD)
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| 17 |
Filed: 8/7/2001, Entered: 8/13/2001 |
Motion for Extension of Time to File Answer |
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MOTION for extension of time to file answer (response) to amended habeas corpus petition [11-1] by respondents [17-1] (proposed response/answer not provided) (2nd request) (LAD)
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| 18 |
Filed: 8/20/2001, Entered: 8/20/2001 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion for extension of time to file answer (response) to amended habeas corpus petition [11-1] by respondents [17-1] (proposed response/answer not provided); ORDERED granting respondents a 30-day extension of time to and including 9/7/01 to file a response (answer) to petitioner's petition for writ of habeas corpus (cc: all counsel) (LAD)
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| 19 |
Filed: 9/7/2001, Entered: 9/12/2001 |
Motion for Extension of Time to File Answer |
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MOTION to extend time to answer amended petition for writ of habeas corpus [11-1] by respondents [19-1] (proposed response/answer not provided) (LAD)
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| 20 |
Filed: 9/19/2001, Entered: 9/19/2001 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time to answer amended petition for writ of habeas corpus [11-1] by respondents [19-1] (proposed response/ answer not provided); ORDERED granting respondents a 30- day extension of time, to and including 10/8/01, to file an answer (response) to habeas corpus petition [11-1] (cc: all counsel) (LAD)
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| 21 |
Filed: 10/9/2001, Entered: 10/12/2001 |
Motion for Extension of Time to File Answer |
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MOTION to extend time to answer (amended) habeas corpus petition [11-1] by respondents [21-1] (4th request) (LAD)
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| 22 |
Filed: 10/16/2001, Entered: 10/16/2001 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time to answer (amended) habeas corpus petition [11-1] by respondents [21-1]; ORDERED granting respondents a 30-day extension of time to and including 11/7/01 to file an answer to amended habeas corpus petition [11-1] (cc: all counsel) (LAD)
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| 23 |
Filed: 10/22/2001, Entered: 10/24/2001 |
Response to Habeas Petition |
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RESPONSE by respondents to petition for writ of habeas corpus - includes exhibits A - MM (CMM)
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| 24 |
Filed: 10/26/2001, Entered: 10/26/2001 |
Order |
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ORDER by Mag Judge Morton Sitver that petitioner shall file reply by 11/13/01 to response to petition [23-1] (cc: all counsel) (DMT)
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| 25 |
Filed: 11/13/2001, Entered: 11/15/2001, Terminated: 11/15/2001 |
Motion for Extension of Time |
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MOTION for extension of time to file reply to answer (response) to petition for writ of habeas corpus by petitioner Barbara Ruth Cram [25-1] (proposed reply not provided) (1st request) (LAD)
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| 26 |
Filed: 11/15/2001, Entered: 11/15/2001 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion for extension of time to file reply to answer (response) to petition for writ of habeas corpus by petitioner Barbara Ruth Cram [25-1] (proposed reply not provided); ORDERED granting petitioner a 30 day extension to and including 12/13/01 to file a reply to respondent's answer (response) to habeas corpus [11-1] (cc: all counsel) (LAD)
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| 27 |
Filed: 12/14/2001, Entered: 12/19/2001, Terminated: 12/19/2001 |
Motion for Extension of Time |
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MOTION to extend time to file reply to answer to petition for writ of habeas corpus by petitioner Barbara Ruth Cram [27-1] (proposed reply not provided) (LAD)
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| 28 |
Filed: 12/19/2001, Entered: 12/19/2001 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time to file reply to answer to petition for writ of habeas corpus by petitioner Barbara Ruth Cram [27-1] (proposed reply not provided); ORDERED that petitioner shall have until 1/14/02 to file their reply to respondents' response/answer to amended habeas corpus petition [11-1] (cc: all counsel) (LAD)
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| 29 |
Filed: 1/14/2002, Entered: 1/18/2002 |
Traverse |
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TRAVERSE by petitioner Barbara Ruth Cram re procedural status of claims (as to answer/response to petition [23-1]) (LAD)
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| 30 |
Filed: 1/25/2002, Entered: 1/25/2002 |
Order |
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ORDER by Mag Judge Morton Sitver that respondents shall provide this court, by 2/19/02, with a supplemental answer which addresses the merits of petitioner's claims (re amended habeas corpus petition [11-1]); petitioner shall have until 3/5/02 to file a reply (cc: all counsel) (LAD)
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| 31 |
Filed: 2/19/2002, Entered: 2/22/2002 |
Motion for Extension of Time to File Answer |
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MOTION to extend time to answer amended petition for writ of habeas corpus [11-1] by respondents [31-1] (proposed answer/response not provided) (LAD)
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| 32 |
Filed: 2/25/2002, Entered: 2/25/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time to answer amended petition for writ of habeas corpus [11-1] by respondents [31-1] (proposed answer/response not provided); ORDERED granting respondents a 30 day extension of time, to and including 3/21/02, to file an answer to petitioner's amended petition for writ of habeas corpus (cc: all counsel) (LAD)
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| 33 |
Filed: 3/21/2002, Entered: 3/22/2002 |
Motion for Extension of Time to File Answer |
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MOTION to extend time until 4/21/02 to file supplemental answer to petition for writ of habeas corpus [11-1] by respondent [33-1] (SAT)
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| 34 |
Filed: 3/27/2002, Entered: 3/27/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time until 4/21/02 to file supplemental answer to petition for writ of habeas corpus [11-1] by respondent [33-1]; no further extensions should be expected (cc: all counsel) (LAD)
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| 35 |
Filed: 4/12/2002, Entered: 4/17/2002 |
Response to Habeas Petition |
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SUPPLEMENTAL RESPONSE (ANSWER) by respondents to amended petition for writ of habeas corpus (LAD)
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| 36 |
Filed: 4/26/2002, Entered: 4/26/2002 |
Order |
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ORDER by Mag Judge Morton Sitver that by 5/8/02, Respondents shall file copies of every document filed between 7/20/95 and 2/12/97 filed in the Superior Court, Maricopa County, Case No CR-95-06779 (cc: all counsel) re: order filed [36-1] (MAP)
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| 37 |
Filed: 4/26/2002, Entered: 5/1/2002, Terminated: 5/1/2002 |
Motion for Extension of Time |
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MOTION for extension of time to file reply to respondent's supplemental answer to petition for writ of habeas corpus by petitioner Barbara Ruth Cram [37-1] (proposed reply not provided) (LAD)
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| 38 |
Filed: 5/1/2002, Entered: 5/1/2002 |
Order |
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ORDER by Judge Stephen M. McNamee granting motion for extension of time to file reply to respondent's supplemental answer to petition for writ of habeas corpus by petitioner Barbara Ruth Cram [37-1] (proposed reply not provided); ORDERED granting petitioner to and including 5/10/02 to file a reply to respondent's supplemental answer to petition for writ of habeas corpus [11-1] (cc: all counsel) (LAD)
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| 39 |
Filed: 5/8/2002, Entered: 5/9/2002 |
Response |
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RESPONSE by respondents to court's order filed [36-1] re submission of documents (documents attached) (CMM)
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| 40 |
Filed: 5/10/2002, Entered: 5/14/2002, Terminated: 5/16/2002 |
Motion for Extension of Time |
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MOTION to extend time to file reply to supplemental answer to petition for writ of habeas corpus (until 6/10/02) by petitioner Barbara Ruth Cram [40-1] (proposed reply not provided) (2nd request) (LAD)
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| 41 |
Filed: 5/16/2002, Entered: 5/16/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time to file reply to supplemental answer to petition for writ of habeas corpus (until 6/10/02) by petitioner Barbara Ruth Cram [40-1] (proposed reply not provided); ORDERED granting petitioner a 30 day extension of time to and including 6/10/02 to file a reply to respondent's supplemental response to petition [35-1] (cc: all counsel) (LAD)
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| 42 |
Filed: 6/10/2002, Entered: 6/12/2002, Terminated: 6/13/2002 |
Motion for Extension of Time |
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MOTION to extend time to file reply to respondent's supplemental answer to petition for writ of habeas corpus (until 8/10/02) by petitioner Barbara Ruth Cram [42-1] (proposed reply not provided) (LAD)
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| 43 |
Filed: 6/13/2002, Entered: 6/13/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time to file reply to respondent's supplemental answer to petition for writ of habeas corpus (until 8/10/02) by petitioner Barbara Ruth Cram [42-1] (proposed reply not provided) (cc: all counsel) (LAD)
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| 44 |
Filed: 8/2/2002, Entered: 8/9/2002, Terminated: 8/9/2002 |
Motion for Extension of Time |
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MOTION to extend time to file reply to respondents' supplemental answer to petition for writ of habeas corpus by petitioner Barbara Ruth Cram [44-1] (proposed reply not provided) (4th request) (LAD)
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| 45 |
Filed: 8/9/2002, Entered: 8/9/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time to file reply to respondents' supplemental answer to petition for writ of habeas corpus by petitioner Barbara Ruth Cram [44-1]; petitioner is granted a 30 day extension of time to and including 9/9/02 to file a reply to respondent's supplemental answer to petition for writ of habeas corpus (cc: all counsel) (LAD)
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| 46 |
Filed: 9/9/2002, Entered: 9/13/2002 |
Reply to Response to Motion |
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REPLY by petitioner Barbara Ruth Cram to supplemental answer (response) to amended petition for writ of habeas corpus [11-1] (LAD)
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| 47 |
Filed: 10/8/2002, Entered: 10/9/2002 |
Supplement |
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SUPPLEMENTAL reply to state's answer to amended complaint by petitioner Barbara Ruth Cram [46-1] (former emp)
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| 48 |
Filed: 8/28/2003, Entered: 8/28/2003 |
Minutes - Miscellaneous |
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The Court has ORDERED that effective September 15, 2003, the above captioned matter is reassigned to Judge David G. Campbell for all further proceedings. Any hearing, conference, or trial scheduled to be held between 9/15/03 and 9/30/03 is vacated. All other matters remain as scheduled. It is FURTHER ORDERED that counsel review and comply with the attached Instruction from Judge David G. Campbell. All further pleadings and papers filed in this action on or after 9/15/03 should bear the complete case number and judges initials, as shown above. (cc: all counsel/DGC/ SMM) [48-1] (MAP)
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| 49 |
Filed: 8/29/2003, Entered: 8/29/2003, Terminated: 3/31/2004 |
Report and Recommendation |
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REPORT AND RECOMMENDATION by Mag Judge Morton Sitver recommending that the petition for writ of habeas corpus [1-1] be denied and dismissed (cc: all counsel/SMM) (LAD)
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| 50 |
Filed: 9/19/2003, Entered: 9/23/2003 |
Objection to Report and Recommendations |
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OBJECTIONS TO REPORT AND RECOMMENDATION [49-1] by petitioner Barbara Ruth Cram (LAD)
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| 51 |
Filed: 3/31/2004, Entered: 4/5/2004 |
Order |
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ORDER by Judge David G. Campbell accepting the REPORT AND RECOMMENDATION [49-1]; FURTHER ORDERED denying the amended habeas corpus petition [11-1]; FURTHER ORDERED that the Clerk of Court shall terminate this action; to dismiss case (cc: all counsel) (LAD)
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| 52 |
Filed: 4/1/2004, Entered: 4/1/2004 |
Judgment |
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JUDGMENT: re: order filed [51-2]; ORDERED AND ADJUGED that the Court having accepted the REPORT AND RECOMMENDATION [49-1] and having denied the amended habeas corpus [11-1], this action is hereby dismissed (cc: all counsel/jgm drawer) (LAD)
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| 53 |
Filed: 4/13/2004, Entered: 4/14/2004 |
Notice of Appeal |
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NOTICE OF APPEAL by petitioner Barbara Ruth Cram from District Court judgment [52-1] and order [51-2] (cc: 9CCA/All Counsel/judge) (REW)
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| 55 |
Filed: 4/15/2004, Entered: 4/19/2004 |
Notice of Appeal |
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NOTICE OF APPEAL by petitioner Barbara Ruth Cram from District Court judgment [52-1], and order [51-2] (cc: 9CCA/All Counsel/dft/judge) (this appeal filed by petitioner as pro se; prior appeal filed by counsel) (REW)
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| 56 |
Filed: 4/15/2004, Entered: 4/19/2004 |
Request |
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REQUEST by petitioner Barbara Ruth Cram for notice of appeal to be admitted as timely (REW)
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| -- |
Filed: 4/19/2004, Entered: 4/19/2004 |
Certificate of Record |
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Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [53-1] (REW)
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| -- |
Filed: 4/19/2004, Entered: 4/19/2004 |
Notice of Appeal - Notification Form |
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APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [53-1] (REW)
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| 54 |
Filed: 4/19/2004, Entered: 4/19/2004 |
Certificate of Appealability |
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Certificate of Appealability granted by Judge David G. Campbell . Probable cause exists for the appeal. Petitioner allowed to proceed in forma pauperis for appeal purposes only. Applicant has made a substantial showing of the denial of a constitutional right with respect to the following issue: ineffective assistance of counsel; re: NOTICE OF APPEAL [53-1] (cc: all counsel/9CCA) (REW)
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| -- |
Filed: 4/23/2004, Entered: 4/23/2004 |
Certificate of Record |
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Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [55-1] (REW)
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| -- |
Filed: 4/23/2004, Entered: 4/23/2004 |
Notice of Appeal - Notification Form |
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APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [55-1] (REW)
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| 57 |
Filed: 4/23/2004, Entered: 4/23/2004 |
Certificate of Appealability |
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Certificate of Appealability granted by Judge David G. Campbell . Probable cause exists for the appeal. Petitioner allowed to proceed in forma pauperis for appeal purposes only. Applicant has made a substantial showing of the denial of a constitutional right with respect to the following issue: ineffective assistance, re: NOTICE OF APPEAL [55-1] (cc: all counsel/9CCA) (REW)
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| -- |
Filed: 5/27/2004, Entered: 5/27/2004 |
USCA Case Number |
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Notification by 9th Circuit of Appellate Docket Number 04-15865 re NOTICE OF APPEAL [55-1] (REW)
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| -- |
Filed: 5/27/2004, Entered: 5/27/2004 |
USCA Case Number |
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Notification by 9th Circuit of Appellate Docket Number 04-15866 re NOTICE OF APPEAL [53-1] (REW)
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| 58 |
Filed: 10/6/2004, Entered: 10/6/2004 |
Mandate of 9th Circuit |
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CERTIFIED COPY of 9th Circuit Mandate dismissing the appeal as duplicative of 04-15866, re: 04-15865 [55-1] (cc: all counsel/judge) (REW)
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| -- |
Filed: 3/25/2005, Entered: 3/25/2005 |
Appeal Record Sent to USCA |
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Clerk's record on appeal transmitted to 9th Circuit re NOTICE OF APPEAL [53-1]; 1 volume clerk's record; 3 bulky documents (#12, 23A, 39) in one expando (REW)
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| -- |
Filed: 4/6/2005, Entered: 4/6/2005 |
Acknowledgment of Receipt of ROA |
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LETTER OF TRANSMITTAL from 9th Circuit acknowledging receipt of District Court record. (re: NOTICE OF APPEAL [53-1] ) (REW)
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 59 |
Filed: 9/21/2006, Entered: 9/21/2006 |
Order of 9th Circuit |
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ORDER of 9th Circuit, the petition for panel rehearing and the petition for rehearing en banc are denied, appeal case number 04-15866, as to [53] Notice of Appeal filed by Barbara Ruth Cram (REW, )
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| 60 |
Filed: 9/29/2006, Entered: 9/29/2006 |
Mandate of 9th Circuit |
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MANDATE of 9th Circuit (Certified Copy) affirming the decision of the District Court, case number 04-15866, as to [53] Notice of Appeal filed by Barbara Ruth Cram (REW, )
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| 61 |
Filed: 10/10/2006, Entered: 10/12/2006 |
Mail Returned |
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Mail Returned as Undeliverable. Mail sent to Terri Capozzi. Reason for return: Not at this Address; Return to Sender, Attempted - Not Known; Unable to Forward. Document number [60]. (LAD)
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| 62 |
Filed: 12/20/2006, Entered: 12/20/2006 |
Appeal Record Returned |
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Appeal Record Returned: 9CCA #04-15866, Number of Volume(s) of Clerks Records: 1, Number of Bulky Document(s)): 3, Docket numbers of Bulky Document: #12, 23A, 39, Number of Expandos: 1 (KMG)
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