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06-705 - (DP) Cornwell v. Ylst


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06-705 - (DP) Cornwell v. Ylst
April 6, 2006
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ORDER signed by Judge Gregory G. Hollows on 4/5/06 ORDERING that petitioner's request to proceed IFP is GRANTED. No order re: a stay of execution shall be issued unless and until an execution date is set by the state courts. Petitioner's appl for apptmnt of counsel is GRANTED. Pending approval by the Court of substitute counsel, the FD is appointed to represent petitioner.(Kastilahn, A)
November 7, 2006
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/7/06 GRANTING 4 Application for Substitution of Attorney. Allen Richard Ellis is SUBSTITUTED IN as counsel for petitioner Glenn Cornwell, Jr. Scheduling Conference SET for 12/14/2006 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Marciel, M) Modified on 11/14/2006 (Donati, J).
November 14, 2006
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ORDER signed by Judge Gregory G. Hollows on 11/13/06 ORDERING the Scheduling Conference SET for 12/14/2006 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. The parties should be prepared to discuss the date for filing a petition in this case and exhaustion issues. The court will hold a separate, ex parte, budgeting conference after the scheduling conference. (Donati, J)
December 5, 2006
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ORDER signed by Judge Gregory G. Hollows on 12/1/06 GRANTING 9 Motion to Continue. The Scheduling and Separate ex Parte Budgeting Conference is CONTINUED to 1/15/07. (Donati, J)
January 12, 2007
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ORDER signed by Judge Gregory G. Hollows on 1/10/07 ORDERING that Petitioner's 11 unopposed motion to continued scheduling and budgeting conf is GRANTED. The Scheduling and Separate Ex Parte Budgeting Conference is CONTINUED to 2/15/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Kastilahn, A)
February 14, 2007
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ORDER signed by Judge Gregory G. Hollows on 2/14/07 GRANTING 13 Motion to Continue Scheduling and Budgeting Conferences. For good showing, the scheduling and separate ex parte budgeting conferences are CONTINUED to 3/22/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Donati, J)
March 26, 2007
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 3/26/07 ORDERING that no later than 20 days from the filed date of this order, petitioner is ORDERED to present all newly added claims. The undersigned STAYS any budgeting of this case until exhaustion is completed. This order is not stayed by the mere seeking of reconsideration of the order before the district judge. It is hereby RECOMMENDED that the federal mixed petition be stayed until such time that exhaustion is completed. Referred to Judge David F. Levi. Objections due within 20 days after being served with these findings and recommendations. (Donati, J)
July 17, 2009
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is DENIED AS MOOT. (Carlos, K)ORDER signed by Judge John A. Mendez on 7/16/09 ORDERING the Findings and Recommendations 22 are ADOPTED in their entirety; the stay of these federal proceedings is now formally ordered; petitioner's Motion for Stay and for Clarification 28
March 2, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/02/10 RECOMMENDING that the stay of these proceedings be lifted. Referred to Judge John A. Mendez. Objections due within 21 days. Also, ORDERING on 03/18/10 at 10:00 a.m. in courtroom 25, this court will hold a case management conference. In addition to serving this order upon counsel, the clerk of the court is directed to serve it upon Kurt Heiser, CJA Administrator, Office of the Federal Defender and Sandy Andrews, Research and Policy Analyst, Office of the Circuit Executive. (cc: Kurt Heiser and Sandy Andrews)(Plummer, M)
March 19, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/18/10 ORDERING that within 30 days of the filed date of this order respondent shall lodge the state court record and file an index in conformance with Local Rule 191(j)(1);By 2/9/11, petitioner shall file his first amended petition. (Dillon, M)
March 23, 2010
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CJA 20 APPOINTING ATTORNEY Alen Richard Ellis to represent Petitioner Corwell, Jr., signed by Magistrate Judge Kendall J. Newman on 3/16/10. (Kastilahn, A)
April 28, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/27/10 recommending that 40 MOTION to STAY of Execution be granted. Objections to F&R due within twenty one days. (Kaminski, H)
April 29, 2010
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ORDER signed by Judge John A. Mendez on 4/28/10 ORDERING the findings and recommendations filed 3/2/10 are adopted in full; and the stay of these proceedings ordered on 7/17/09 is lifted. (Becknal, R)
June 18, 2010
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ORDER signed by Judge John A. Mendez on 6/17/2010 FINDINGS AND RECOMMENDATIONS 40 are ADOPTED in Full; Petitioner's 44 Motion for Stay of Execution is GRANTED and all court and other proceedings related to the execution of his sentence of death, including preparation for execution and the setting of an execution date, are STAYED pending final disposition of this matter. (Reader, L)
February 11, 2011
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ORDER re the 3/3/2011 status conference signed by Magistrate Judge Kendall J. Newman on 2/10/2011 ORDERING that the parties shall be prepared to discuss whether respondent feels any claims are unexhausted or barred by the procedural default doctrine, and a date for filing an answer/motion to dismiss. (Yin, K)
March 4, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/11 ORDERING that by 5/17/11, respondent shall file a motion to dismiss which covers all defenses based on the doctrines of procedural default, exhaustion, and statute of limitations. Within 60 days of the filing of respondents motion, petitioner shall file an opposition. Within 30 days of the filing of the opposition, respondent shall file any reply. After receipt of all the briefs, the court will schedule argument on the motion.(Dillon, M)
October 4, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/3/2011. Respondent's 9/29/2011 79 Request for Deferred Ruling on Procedural Default is GRANTED. Hearing for Argument on Exhaustion and Statute of Limitations Issues is SET for 10/20/2011 at 10:00 AM in Courtroom 25 (KJN). Prior to 10/17/2011, parties shall meet and confer regarding Proposed Schedule of events to address upcoming issues. By the close of business on 10/17/11, the parties shall file a joint statement describing any agreements regarding scheduling these proceedings. (Marciel, M) Modified on 10/5/2011 (Plummer, M).
October 25, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/24/2011 RECOMMENDING that respondent's 68 motion to dismiss be granted in part, denied in part, and deferred in part. Referred to Judge John A. Mendez; Objections due w/in 14 days. (Yin, K)
December 15, 2011
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ORDER adopting 84 in full FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 12/15/11. Petitioner's amended federal petition filed on 2/8/11, is timely under 28 U.S.C. § 2254(d). Petitioner's claims 2(g)-(n) and 21(E) are not unexhausted. Petitioner's claim 21(C) is exhausted. The court will defer a ruling on the procedural default aspects of respondent's motion to dismiss until resolution of the 28 U.S.C. § 2254(d) issues. (Kastilahn, A)
January 9, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/06/12 ordering within 10 days of the dfiled date of this order, petitioner shall inform the court whether he wishes to: 1) dismiss the first amended petition under Rose; 2) file a second amended petition without the unexhausted claims; or 3) file a motion for stay and abeyance under Rhines v. Weber. Within 5 days of petitioner's filing, respondent shall file a response. (Plummer, M)
February 1, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/1/12 ORDERING that Claims 2(g)-(n), 21(E), and any new factual allegations in subsection (J) of claim 21 are dismissed from petitioners First Amended Petition. Within sixty days of the filed date of this order, petitioner shall file a memorandum of points and authorities addressing the satisfaction of 28 U.S.C. § 2254(d) for each claim in the First Amended Petition. Within ninety days of the filing of petitioners memorandum, respondent shall file an Answer which shall conform to Habeas Rule 5 and shall include a memorandum of points and authorities in response to petitioners memorandum regarding section 2254 (d). Within thirty days of the filing of the Answer, petitioner shall file a traverse which shall also include a memorandum of points and authorities in response to respondents memorandum regarding section 2254(d).(Dillon, M)
March 16, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/16/17 ordering Petitioner, who is represented by counsel, has filed a pro se document dated March 8, 2017. Pro se filings by plaintiff will be disregarded because he is represented by counsel, and no orders will issue in response to future filings. All filings must be through counsel. The Clerk of the Court shall serve a courtesy copy of this order to petitioner, Glenn Cornwell, Jr., CDCR #D-08714, at San Quentin State Prison, San Quentin, CA 94974. (Copy of this order served by mail on Glenn Cornwell Jr. at SQSP)(Plummer, M)
April 27, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/27/2017 ORDERING the petitioner to cease all pro se filings pursuant to 116 Order; DIRECTING the Clerk of Court to serve the petitioner, Glenn Cornwell, Jr., CDCR #: D-08714, at San Quentin State Prison, San Quentin, CA 94974. (Michel, G.)
February 15, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/14/18 recommending that The court finds petitioner has satisfied 28 U.S.C. § 2254(d) for Claim 3. The court finds Claim 19 is premature and should be dismissed without prejudice to its renewal after an execution date is set. The court finds the allegations in Claim 27 relating to Billy Mackey and Michael Johnson are not exhausted and should be dismissed. The court finds consideration of the allegation in Claim 34 that state habeas counsel was ineffective should be deferred until the consideration of any procedural default issues. The court finds petitioner has failed to satisfy section 2254(d) for the remaining claims and subclaims in the amended petition and recommends denial of habeas relief on those claims and subclaims. Referred to Judge Troy L. Nunley. Objections due within 60 days. (Plummer, M)
May 7, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/7/2018 GRANTING 120 and 121 Requests for Extensions of Time. Both parties are granted an extension until 6/15/2018 to file objections to 119 Findings and Recommendations. (Henshaw, R)