Legal Opinion

David P. Pagtalunan v. George Galaza, Warden Thomas Maddock, Acting Director, California Department of Corrections

Court of Appeals for the Ninth Circuit

Decided May 23, 2002No. 00-56697PublishedCited by 3,878 opinions

1Opinion of the Court

OPINION

RAWLINSON, Circuit Judge.

Petitioner, David Pagtalunan (“Pagtalu-nan”) appeals from the district court’s second dismissal with prejudice of his habeas corpus petition. Pagtalunan asserts that the court abused its discretion on remand when it found that his objections to the magistrate judge’s Report and Recommendation offered no reasonable excuse for Pagtalunan’s delay. Based on its finding of inexcusable delay, the court dismissed Pagtalunan’s petition for failure to prosecute and for failure to comply with a court order. After balancing the relevant factors, we hold that the'district…

2Cases cited7 opinions

  1. Michael Henry Ferdik v. Joe Bonzelet, SheriffCourt of Appeals for the Ninth Circuit · 1992
  2. Ann J. Malone v. United States Postal Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 1987
  3. Sibron v. New YorkSupreme Court of the United States · 1968
  4. Yourish v. California AmplifierCourt of Appeals for the Ninth Circuit · 1999
  5. Hernandez v. City of El MonteCourt of Appeals for the Ninth Circuit · 1998

2 more not listed; retrieve them via the Exa API.

3Cited by3,878 opinions

  1. In Re Phenylpropanolamine (Ppa) Products Liability Litigation, Shantell Allen, on Behalf of Allen, Vera v. Bayer Corporation, Leon Anderson, Jr. v. Bayer Corporation, Leslie Ackel v. Bayer Corporation, Bridgett Arrington v. Bayer Corporation, Calvin McGriggs v. Delaco Company, Betty Clinton v. Delaco Company, Donna Sasseen v. Ide Interstate Inc., Elizabeth Page v. Bayer Corporation, Marie Riley v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Keva K. Alford, on Behalf of All Wrongful Death Beneficiaries of Henry Dexter, and Eddie Bullock v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Novartis Pharmaceuticals Corporation, Bobby Holmes v. Bayer Corporation, Melody McDaniel v. Wal-Mart Stores, Inc., Samantha Samuels v. Bayer CorporationCourt of Appeals for the Ninth Circuit · 2006
  2. Wolff v. CaliforniaDistrict Court, C.D. California · 2016
  3. David P. Pagtalunan v. George Galaza, Warden Thomas Maddock, Acting Director, California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2002
  4. Butler v. Department of JusticeCourt of Appeals for the D.C. Circuit · 2007
  5. Joseph Hunt v. Cheryl Pliler, Warden Csp-Sac Cal Terhune, Director of the CDC California Department of Corrections California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004

3,873 more not listed; retrieve them via the Exa API.

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