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10-2472 - (HC) O'Brien v. McEwen


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10-2472 - (HC) O'Brien v. McEwen
August 19, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/16/13 recommending that the petition 1 be denied and this case be closed. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
April 16, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr. on 4/15/2014 ADOPTING IN FULL 27 Findings and Recommendations; DENYING 1 Petition for Writ of Habeas Corpus; ISSUING a Certificate of Appealability with respect to whether Petitioner's trial attorney Clark rendered ineffective assistance of counsel. See 28 U.S.C. ยง 2253. CASE CLOSED. (Michel, G)
September 2, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/01/15 ordering ( Status Conference set for 10/7/2015 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) (Plummer, M)
March 31, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/30/2016 ORDERING the parties shall file, no later than 7/1/2016, a Joint Status Report, no more than 5 pages in length, on the evidence to be presented at the evidentiary hearing and any related matters. Prior to filing any dsicovery motions, the parties shall utilize the court's informal procedure for resolving discovery disputes. As to the case file of petitioner's trial counsel, James Clark, attorney-client privilege is waived with respect to petitioner's ineffective assistance claims in this matter, such that Clark may turn over the file and discuss its contents.(Yin, K)
July 14, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/16 ordering No later than forty-five (45) days from the date of this order, petitioner shall file a list of witnesses he intends to call at the evidentiary hearing, excluding Clark and Winslow. As to each intended witness, petitioner shall make a proffer of testimony in light of the Cannedy standard. Upon review of petitioners witness list and proffer, the court will make a determination whether to expand the scope of the evidentiary hearing to include witnesses other than Clark and Winslow. (Plummer, M)
October 3, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/3/16 ORDERING that an evidentiary hearing on petitioners ineffective assistance claims is scheduled for January 17, 18 and 19, 2017 at 9:00 a.m. in Courtroom 24 before the Honorable Carolyn K. Delaney. A writ ad testificandum to obtain petitioners presence at the hearing will be issued by separate order. (Dillon, M)
October 3, 2016
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an is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD, 3 certified copies served on Warden)(Dillon, M)ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 10/3/16 ORDERING the Custodian to produce Sean A. O'Brien at 9:00 am on 1/17/17 in Courtroom 24 before Judge Carolyn K. Delaney. Custodi
January 9, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 1/09/17 ordering the Custodian to produce William James Wellman on 1/17/17 at 9:00 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(3 certified copies of writ sent to the Warden, Valley State Prison)(Courtesy copy sent by fax to the litigation coordinator at Valley State Prison at 559-665-6102)(Faxed a copy with the certification stamp pursuant to Litigation Coordinator's request on 1/09/17)(Plummer, M) Modified on 1/9/2017 (Plummer, M). Modified on 1/9/2017 (Plummer, M).
January 20, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/20/17 GRANTING 78 Motion to Withdraw as Attorney. Attorney Scott L. Tedmon terminated. The record shall reflect that co-counsel David A. Nickerson continues to represent petitioner Sean Alan OBrien in this case.(Dillon, M)
July 21, 2017
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ORDER GRANTING EXTENSION OF TIME signed by Magistrate Judge Carolyn K. Delaney on 7/21/2017. Respondent's Motion for Extension (ECF No.88) is granted. Respondent's response to the petition shall be filed on or before August 10, 2017. (Owen, K)