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09-1710 - (HC) Mendoza v. Cate


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09-1710 - (HC) Mendoza v. Cate
December 21, 2009
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/18/09 ordering that within 30 days from the service of this order, petitioner shall file a response to this order clarifying the relief he seeks herein, the nature of the claim he wishes to pursue and the legal authority which supports his request for relief, including the basis for the court's exercise of jurisdiction over his petition. (Plummer, M)
December 13, 2010
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[DISCHARGED pursuant to 17 Order] ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 12/13/2010 ORDERING petitioner to show cause in writing within 21 days, why respondent's 11/3/10 motion to dismiss should, not be granted. (Yin, K) Modified on 12/20/2010 (Donati, J). Modified on 5/31/2011 (Meuleman, A).
May 31, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/27/11 DISCHARGING 15 Order to Show Cause. Within 30 days from the service of this order, respondent shall file and serve a reply brief addressing the issues identified. (Meuleman, A)
August 26, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/25/2011 RECOMMENDING that Resp's 13 Motion to Dismiss be denied. Resp be ordered to file an answer to the petition within 30 days. Motion referred to Judge Morrison C. England, Jr.. Objections to F&R due within 14 days. (Zignago, K.)
September 30, 2011
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ORDER signed by Judge Morrison C. England, Jr on 9/30/11 ORDERING that the findings and recommendations filed August 26, 2011, are adopted in full; Respondent's November 3, 2010 motion to dismiss the petition as untimely 13 is denied; and Respondent is ordered to file an answer to the petition for a writ of habeas corpus within thirty days. (Becknal, R)
April 12, 2012
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ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 04/11/12 ordering that petitioner shall show cause within 30 days from the date of this order, why this action should not be dismissed as moot and due to his failure to comply with Local Rule 182(f). (Plummer, M)
August 1, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/31/12 ORDERING that the Federal Defender is appointed and is directed to locate appropriate counsel from the habeas panel to accept the appointment on behalf of petitioner. Clerk of the Court is directed to serve a copy of the petition and this order on Carolyn Wiggin, Assistant Federal Defender. Petitioners counsel shall contact the Clerks Office to make arrangements for copies of documents in the file. A status conference is set for September 14, 2012, at 10:00 a.m. in Courtroom #27. All parties shall appear at the status conference by counsel and shall be prepared to discuss the scheduling of further briefing and/or an evidentiary hearing, if appropriate. (Dillon, M)
September 17, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/14/12 ORDERING that on or before October 15, 2012, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this action; Respondent shall file an opposition to petitioners motion on or before November 15, 2012. Petitioner may file a reply to respondents opposition on or before December 3, 2012 A hearing on petitioners motion filed pursuant to this order shall he held on December 7, 2012 at 10:00 a.m. in courtroom #27.(Dillon, M)
October 18, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/17/12 ORDERING that on or before November 15, 2012, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this action; Respondent shall file an opposition to petitioners motion on or before December 15, 2012. Petitioner may file a reply to respondents opposition on or before January 3, 2013. A hearing on petitioners motion filed pursuant to this order shall be held on January 11, 2013, at 10:00 a.m. in courtroom #27.(Dillon, M)
November 19, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/19/2012 ORDERING that on or before 12/17/2012, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed in this action; respondent shall file an opposition to petitioner's motion, if any, on or before 1/17/2013; petitioner may file a reply to respondent's opposition or or before 1/31/2013; the 1/11/2013 hearing is VACATED; a hearing on petitioner's motion filed pursuant to this order will now be held 2/8/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Yin, K)
December 18, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/18/12 ordering on or before 01/21/13, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this habeas action. Respondent shall file an opposition to petitioner's motion, if any, on or before 02/21/13. Petitioner may file a reply to respondent's opposition on or before 02/28/13. The hearing currently scheduled for 02/08/13 is vacated. ( Motion Hearing set for 3/15/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Plummer, M)
January 29, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/28/2013 ORDERING that on or before 3/1/2013, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this action; respondent's opposition to the motion, if any, due on or before 4/1/2013; petitioner's reply due on or before 4/15/2013; the 3/15/2013 hearing is VACATED; and a hearing on petitioner's motion pursuant to this order shall be held on 5/3/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Yin, K)
March 27, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 03/26/13 ordering on or before 05/17/13, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this action. Respondent shall file an opposition to petitioner's motion, if any, on or before 06/28/13. Petitioner may file a reply to respondent's opposition on or before 07/12/13. The hearing currently scheduled for 05/03/13 is vacated. A hearing on petitioner's motion filed pursuant to this order shall be held on 07/26/13 at 10:00 a.m. in courtroom 27. (Plummer, M)
May 9, 2013
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CJA20 ORDER signed by Magistrate Judge Dale A. Drozd on 8/7/12. (Manzer, C)
July 29, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/26/2013 DENYING, withiout prejudice, petitioner's 52 motion for discovery; petitioner may choose to renew his motion in accordance with this order. (Yin, K)
January 27, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/24/14 ORDERING that Petitioners amended motion for discovery and to expand the record 58 is granted in part and an evidentiary hearing is set for April 21, 2014 at 10:00 a.m. in Courtroom 27 and Petitioners request for discovery and to expand the record is denied in all other respects.(Dillon, M)
April 2, 2014
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STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 04/01/14 ordering the parties in this matter agree that petitioner's trial file, or any information contained therein, including but not limited to conversations or communications, shall not be used against movant in any manner during any future proceeding, including any possible retrial. In addition, respondent shall treat the conversations or communications and the information contained therein as confidential and shall not disseminate them or disclose their contents other than in the course of the litigation in the habeas corpus proceedings. It is further agreed that petitioner shall treat the district attorney's file in a confidentail manner and shall not disseminate it or disclose its contents other than in the course of the litigation in this habeas corpus proceeding. (Plummer, M)
April 2, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 04/01/14 ordering that authorization for issuance of the subpoena and subpoena duce tecum to Deputy District Atttorney Grant Brooks, Esq. and attorney Gary Grant Hickey and payment of the witnesses by the U.S. Marshal is hereby granted. The parties shall lodge with the court a stipulated protective order with regard to the material subject to subpoena prior to 04/21/14. (Plummer, M)
April 9, 2014
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AMENDED ORDER signed by Magistrate Judge Dale A. Drozd on 4/8/14 ORDERING that authorization for issuance of the subpoena and subpoena duce tecum to Deputy District Atttorney Grant Brooks, Esq. and attorney Gary Grant Hickey and payment of the witnesses by the U.S. Marshal is hereby GRANTED. The parties shall lodge with the court a stipulated protective order with regard to the material subject to subpoena prior to 04/21/14. (Meuleman, A)
April 14, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 04/14/14 ordering respondent's 04/10/14 request to "vacate the briefing schedule pending the court's resolution of respondent's anticipated motion to dismiss 70 is granted. The evidentiary hearing previously scheduled for 4/21/14 is vacated. Petitioner's 04/14/ request "to maintain current court date as a status conference 71 is denied. The subpoena duces tecum issued on 04/09/14 to petitioner's former counsel is vacated. The clerk of the court is directed to serve this order on the U.S. Marshal. (cc: USM) (Plummer, M)
July 3, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/2/2014 RECOMMENDING that respondent's 73 motion to dismiss this habeas action "for lack of a case or controversy" be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
March 11, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr on 3/10/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/3/15 79 are ADOPTED in full; Respondent's MOTION to DISMISS 73 is DENIED; and The Court DECLINES to issue a Certificate of Appealability referenced in 28 U.S.C. ยง2253.(Mena-Sanchez, L)
March 24, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 03/23/15 ordering ( Evidentiary Hearing set for 6/8/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) The evidentiary hearing will be limited to petitioner's claim that he received ineffective assistance as a result of his trial counsel's failure to advise him that the charge to which he pled guilty was a "strike" under California's 3 strikes law and that he was prejudiced by his counsel's ineffective performance. (Plummer, M)
May 18, 2015
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 5/15/15. The Evidentiary Hearing is reset for 8/17/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Manzer, C)
August 13, 2015
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 08/12/15 ordering the 08/17/15 in the above-captioned matter is vacated and a status conference will be held on 10/30/15 at 10:00 a.m. in the courtroom of undersigned. (Plummer, M)
May 5, 2016
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ORDER signed by Magistrate Judge Allison Claire on 05/04/16 ordering the discovery deadline is continued to 6/07/16. The parties request to take the deposition of James Hammerston is granted. (Plummer, M)
June 2, 2016
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ORDER signed by Magistrate Judge Allison Claire on 6/2/2016 GRANTING 96 REQUEST for Issuance of Subpoena. The Court AUTHORIZES the US Marshal to serve subpoena on Hon. James Hammerstone, pay any authorized witness fees Judge Hammerstone may incur and apply for in connection with the deposition, and pay the fees of DepoBook Recorder for recording and transcribing of the 6/13/16 deposition. (certified copy to USM) (Donati, J)
July 20, 2016
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ORDER signed by Magistrate Judge Allison Claire on 07/20/16 granting 99 Motion to continue the evidentiary hearing. The evidentiary hearing currently scheduled for 7/25/16 is vacated and will be reset at the court's initiative at a later date. (Plummer, M)
September 7, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 9/6/16 ORDERING that the Evidentiary Hearing is CONTINUED to February 27-28, 2017 at 09:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Kastilahn, A)
February 24, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 2/24/2017. IT IS HEREBY ORDERED: The February 24, 2017, telephonic conference is Vacated; The February 27, 2017, Evidentiary Hearing is Vacated; and Parties shall file merits briefs as follows: (a) Petitioner shall file a brief within thirty (30) days from the date of this order; (b) Respondent shall file a brief fourteen (14) days after service of petitioner's brief, and (c) Petitioner shall file a reply seven (7) days after service of petitioner's brief. (Buzo, P)
November 14, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/13/17 recommending that petitioner's motion for habeas relief for ineffective assitance of counsel as to the strike consequence of his plead deal be granted. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
December 28, 2017
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ondent's objections due on or before 1/29/2018. (Henshaw, R)ORDER signed by Magistrate Judge Deborah Barnes on 12/27/2017 GRANTING 117 Motion for Extension of Time and GRANTING 120 Motion for Extension of Time. 118 Respondent's objections deemed timely filed. Petitioner's reply to Resp