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02-013 - (HC)(DP) Lewis v. Woodford


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02-013 - (HC)(DP) Lewis v. Woodford
June 8, 2005
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ORDER signed by Judge Gregory G. Hollows on 6/7/2005. Respondent will file abbreviated Answer to petitioner Amended Petitioner for Writ of Habeas Corpus by 9/1/2005. Respondent will also file by 9/1/2005 a Motion for Summary Judgment on claims that been addresses in direct appeal in state court. Petitioner will have until 11/1/2005 in which to file Opposition to respondent's Motion for Summary Judgment. Respondent will have until 12/1/2005 to file Reply to Opposition. Hearing on Motion for Summary Judgment will be held on 1/19/2006. The parties will meet and confer between 9/2/2005 and 10/1/2005.(Marciel, M)
July 12, 2005
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ORDER that there be no evidentiary hearing for listed claims signed by Judge Gregory G. Hollows on 7/12/05. FINDINGS and RECOMMENDATIONS recommending that Partial Summary Judgment on listed claims be enter in favor of respondent on Cross-Motion for Summary Judgment; Petitioner's 45 Motion for Partial Summary Judgment be denied. These F/Rs are submitted to US District Court Judge Frank C. Damrell. Within 20 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
October 14, 2005
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 10/14/05 RE: 45Petitioner's Motion for Partial Summary Judgment is DENIED. (Price, M)
October 31, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/31/05 ORDERING that petitioner's counsel shall submit a proposed budget no later than 11/22/05. (Caspar, M)
November 3, 2005
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ORDER signed by Judge Gregory G. Hollows on 11/2/05. Pet will have until 12/30/05 to file opposition to respondent's motion for summary judgment. Respondent will have until 1/31/06 to file reply to pet's opposition to partial summary judgment. 63 MOTION for SUMMARY JUDGMENT hearing will be held 2/23/2006 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.. (Dotson, B)
September 27, 2006
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ORDER signed by Judge Gregory G. Hollows on 9/27/06 in response to petitioner's proposed budget for Phases III and IV. See order for details. The Clerk is directed to serve this order upon the Ninth Circuit Capital Case Budgeting Committee. (Caspar, M)
October 5, 2006
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ORDER signed by Judge Gregory G. Hollows on 10/5/06 ORDERING that Petitioner's counsel shall submit to the Ninth Circuit Capital Case Budget Committee, with a copy to the undersigned, a declaration justifying the proposed costs for Phases III and IV as soon as possible, but in no event later than 10/24/06. (Donati, J)
October 27, 2006
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AMENDED BUDGET ORDER signed by Judge Gregory G. Hollows on 10/27/06. (Donati, J)
January 23, 2007
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 1/22/07 RECOMMENDING that all claims identified as raised in these motions, do not warrant the grant of a habeas corpus petition and 63 Summary Judgment should be awarded to respondent on all claims at issue herein. It is hereby ORDERED that unless otherwise provided below, the claims identified in the Introduction as remaining to be adjudicated will be adjudicated after evidentiary hearing. Petitioner's Designation of Expert Witnesses due by 2/28/2007. Respondent's Designation of Expert Witnesses due by 4/1/2007. Discovery due by 5/1/2007. Discovery Motion due by 5/1/2007. Motion referred to Judge Frank C. Damrell, Jr. Objections due within 20 days after being served with these findings and recommendations. (Donati, J)
February 6, 2007
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ORDER signed by Judge Gregory G. Hollows on 2/6/07 ORDERING that the 85 Application for Extension of Time to file a Request for Reconsideration is GRANTED. The time for filing the request for reconsideration is hereby extended to 20 days from the date of service of the Order and Findings and Recommendations, up to and including 2/12/07. (Donati, J)
February 7, 2007
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ORDER signed by Judge Gregory G. Hollows on 2/7/07 ORDERING that the parties are informed that objections to the findings and recommendations filed on 1/23/07, or requests for reconsideration on same, will not by their filing act as a stay on the provisions of the court's order. Motions to stay the order, if the parties deem such advisable, must be filed. (Donati, J)
February 9, 2007
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STIPULATION and ORDER signed by Judge Gregory G. Hollows on 2/9/07 ORDERING that the continuance of briefing and hearing dates. Objections to findings due by 3/12/07. Replies due by 4/12/07. Discovery due by 3/26/2007. Evidentiary Hearing scheduled in June 2007 be continued for 90 days until 9/24/07.(Donati, J)
March 9, 2007
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ORDER signed by Judge Gregory G. Hollows on 3/9/07 ORDERING that the Petitioner's Counsels' 1/24/07 voucher is APPROVED. The amended budget order of 10/27/06 is further amended to permit an additional phase III "briefing" and "hearing" expense of $2,564.00 and an investigator expense of $10,000.00. The clerk shall serve this order on the Ninth Circuit Capital Case Committee as well as the parties. (Donati, J)
March 30, 2007
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MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 3/30/07 ORDERING that respondent's 90 motion/request for reconsideration of the magistrate judge's 84 Order directing that the remaining claims should proceed to an evidentiary hearing, absent an opposing motion by respondent, is GRANTED; petitioner is to file a motion for evidentiary hearing on any of his remaining claims and provide respondent an adequate opportunity to respond.(Yin, K)
April 4, 2007
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ORDER signed by Judge Gregory G. Hollows on 4/4/07 ORDERING that the petitioner shall file a motion for evidentiary hearing no later than 30 days from the filed date of this order. No extensions of time will be granted but for extraordinary cause. Neither the moving papers briefing, no opposition, shall exceed 50 pages; any reply brief shall not exceed 25 pages. (Donati, J)
April 6, 2007
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ORDER signed by Judge Gregory G. Hollows on 4/6/07 ORDERING that the 4/12/07 hearing is VACATED. (Donati, J)
May 17, 2007
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ORDER signed by Judge Gregory G. Hollows on 05/17/07 CONTINUING Motion Hearing to 6/14/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Manzer, C)
June 26, 2007
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STIPULATION and ORDER 110 for continuance signed by Magistrate Judge Gregory G. Hollows on 6/26/07. Petitioner given time to file Expert Declarations through and including 8/9/07. (Marciel, M)
July 25, 2007
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ORDER, re 114 Request, signed by Judge Gregory G. Hollows on 7/25/07 ORDERING that petitioner is GRANTED leave to file a brief in response to Respondent's Supplemental Brief no later than 7/30/07. (Kastilahn, A)
August 2, 2007
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ORDER signed by Judge Gregory G. Hollows on 8/1/07 ORDERING that the court has approved the most recent attys' fees and expenses voucher in this case. Henceforth, every voucher submitted for payment shall contain a statement regarding whether the fees and expenses are within the budget limitations set by order and if not, why not. The court also notes that Lexis charges are made individual to this case. The court requests a letter of clarification whether counsel has an omnibus Lexis acct, i.e., an acct for which a general charge is made regardless of the amt of time spent in actual research, or whether each and every research event in counsel's office receives a separate Lexis billing for which pymt is made.(Kastilahn, A)
January 11, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Frank C. Damrell Jr. on 1/11/08. The court adopts the magistrate judges 84 Findings and Recommendations findings filed 1/23/07 and thereby GRANTS respondents 63motion for summary judgment on the claims raised and addressed in the findings and recommendations. (Price, M)
November 25, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/24/08 ORDERING that petitioner's counsel shall no later than December 12, 2008, either file a motion to stay these proceedings, or file a statement relating that petitioner does not wish to challenge his competency to proceed with this habeas action. (Streeter, J)
December 16, 2008
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 12/15/08 ordering that the court's order dated 11/24/08 is modified to allow petitioner to have a brief continuance until 01/30/09 to either file a motion to stay these proceedings, or file a statement relating that petitioner does not wish to challenge his competency to proceed with this habeas action. (Plummer, M)
April 16, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 04/17/09 ordering the court approves the proposed schedule with the following modifications. Dr Ponath shall provide a report to the court and the parties' counsel no later than 60 days from the filed date of this order which will detail his opinions on petitioner's present competency. No later than 20 days from the service of that report, respondent shall provide his views on further proceedings, including the necessity of an evidentiary hearing. No later than 20 days from the service of respondent's briefing, petitioner shall provide his views. After receipt of petitioner's briefing the court will schedule those proceedings which appear necessary with or without further consultation with the parties. Paragrah 10 of the stipulation (outline of protective order) is ordered to be in effect with the exception that the court will determine whether the report shall be finally sealed upon motion or stipulation of the parties. The report may be filed under seal at the same time a party(s) requests sealing pending a final determination on the request.(Plummer, M)
July 29, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 07/28/09 ordering not later than 09/11/09, the parties shall file respective witness and exhibit lists. Any objections to exhibits must be raised in a filing with this court no later than 09/18/09. (Plummer, M)
September 3, 2009
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STIPULATION AND ORDER SETTING EVIDENTIARY HEARING signed by Magistrate Judge Gregory G. Hollows on 9/3/09 and agreed between the parties: Evidentiary Hearing set for 10/21/2009 at 09:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Yin, K)
November 24, 2009
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 11/23/09 ordering the parties shall file briefs on or before 01/20/10. (Plummer, M)
January 26, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/26/2010 RECOMMENDING that petitioner's counsels' 128 motion, in response to the court's inquiry, to have himself declared incompetent and to have these proceedings stayed be denied. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 14 days. (Yin, K)
September 2, 2010
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ORDER ADOPTING 150 FINDINGS AND RECOMMENDATIONS in full signed by Judge Frank C. Damrell, Jr. on 09/01/10 and ORDERING that petitioner's 128 (counsel's) motion (docket #128), in response to the court's inquiry, to have himself declared incompetent and to have these proceedings stayed is DENIED. (Benson, A.)
October 5, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/5/2010 ORDERING Within 14 days of the filed date of this order, the parties shall file concurrent briefs informing the court of their position with respect to: (a) the jurisdiction of the Court of Appeal to review a denial of a motion to stay proceedings; (b) if an interlocutory appeal is appropriate, to what extent the district court is deprived of jurisdiction to continue on with the merits of the action preceding trial (evidentiary hearing) and the evidentiary hearing itself, considering that the issue on appeal (present competency to proceed) is unrelated to the merits of the habeas petition itself. (Reader, L)
October 27, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/26/10 ordering because the competency decision of this court along with a denial of the motion to stay is not final, and hence not appealable under the collateral order doctrine, the undersigned has jurisdiction to continue to adjudicate the evidentiary hearing motion. (Plummer, M)
November 8, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/08/10 ordering that an evidentiary hearing is ordered on claims 10,11,12,13,14,15(b)(involuntary confession only-see #'s 10,11,12), 16(a),(c),(g) (see #13), (i) (penalty phase only), 27 (all sub-claims). All other claims, or parts of claims, for which a motion for evidentiary hearing was made are denied. (see order for further details).(Plummer, M)
November 12, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/12/2010 ORDERING that petitioner and respondent shall meet and confer concerning the precise date in July 2011 for the evidentiary hearing, and shall communicate such with the courtroom clerk. The parties shall agree to a discovery cutoff date on or about 5/30/2011, and a pre-hearing conference date in mid-June 2011. Parties agreement shall be communicated to the court no later than 11/22/2010. A final scheduling order will issue. (Waggoner, D)
April 19, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 04/19/11 ordering the parties shall within 21 days of the filed date of this order, file concise simultaneous brief concerning Cullen v. Pinholster US, 131 S.Ct. 1388 (2011) invalidates this court's order for an evidentiary hearing, i.e. whether all issues on which an evidentiary hearing was granted were 28 USC 2254(d)(1) issues which should be reviewed solely on the factual record set forth in state court either during trial, direct review, or in state habeas proceedings. The parties shall also brief whether respondent is bound by Cullen or whether Cullen only applies to potential grants of a petition as opposed to potential denials. If respondent argues that respondent is not bound by Cullen, respondent shall indicate whether respondent desires an evidentiary hearing, and on what issues.(Plummer, M)
May 26, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 05/25/11 granting 171 Motion. Respondent shall have 20 days from the filing of this order within which to file a pleading to brief the effects of Walker v. Martin_U.S._ 131 S. Ct 1120 (2011) on the claims in the First Amended Petition. Petitioner shall have 20 days from the filing of respondent's pleading within which to file his own pleading. Respondent shall have 10 days from the filing of petitioner's pleading within which to file a reply. (Plummer, M)
June 1, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 06/01/11 ordering the expenses approved in the 05/27/11 vouchers should not be counted against the submitted budget. (Plummer, M)
June 7, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/7/11 ORDERING the previously ordered evidentiary hearing (September 26, 2011) is canceled without prejudice to its re-institution depending on the (d)(1) initial determinations by the undersigned. No discovery shall take place without further order of the court. Supplemental briefing shall be submitted, if desired, on the schedule set forth by the undersigned. Accordingly, petitioner shall submit whatever briefing on the issues heretofore scheduled for evidentiary hearing, supplemental to that provided previously for resolution of the evidentiary hearing motion, that petitioner desires to file w/in 30 days from the filed date of this order. Respondent shall file a response/opposition 30 days after service of petitioner's supplemental briefing. No reply is necessary. The court will expeditiously make (d)(1) determinations on the issues previously scheduled for evidentiary hearing, and will then order what further proceedings are appropriate. If petitioner prevails on a claim(s), the undersigned will permit further factual development as appropriate. (Matson, R)
July 5, 2011
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 7/1/11 GRANTING the parties stipulation to extend the briefing schedule as follows:Petitioner's brief will be due on 7/12/11; Respondent's reply brief will be due on 7/22/11. (Becknal, R)
June 21, 2017
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ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 6/21/2017 ORDERING Petitioner, within 21 days of the date of service of this order, to show cause why the instant petition should not be dismissed and he be directed to consult with his existing counsel in Case No. 2:02-cv-00013-TLN-EFB regarding any additional claims he wishes to present to this court regarding his conviction and sentence. (Henshaw, R) (Entered: 06/21/2017)
September 21, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/21/2017 RECOMMENDING the petition filed as Case No. 2:17-cv-1112 be dismissed and petitioner be directed to file a motion to amend the petition in the earlier action, 2:02-cv-0013-TLN-EFB, if there are new bases on which he wishes to challenge his conviction or sentence. Referred to Judge Troy L. Nunley; Objections to F&R due by within 14 days. (Yin, K)
March 6, 2018
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ORDER signed by District Judge Troy L. Nunley on 3/5/18 ADOPTING 193 FINDINGS AND RECOMMENDATIONS: Petitioner is directed to file a motion to amend the petition, through counsel, if there are new bases on which he wishes to challenge his conviction or sentence. (Kaminski, H)