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11-2710 - (HC) Holmes v. Miller


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11-2710 - (HC) Holmes v. Miller
March 7, 2014
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MEMORANDUM and ORDER signed by Senior Judge James K. Singleton on 3/6/2014. Petitioner's 1 Application for Writ of Habeas Corpus under 28 USC 2254 is DENIED. Court is GRANTING a Certificate of Appealability solely to her claims that statements she made to law enforcement should have been suppressed because she did not validly waive her right to remain silent and her trial counsel was ineffective for advising her to decline a plea offer. Clerk to enter Judgment accordingly. (Marciel, M)
August 6, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/05/15 ordering ( Status Conference set for 8/21/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) All parties shall appear through counsel at the status conference and are to be prepared to schedule the matter for evidentiary hearing at that time. (Plummer, M)
August 24, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/21/15 ( Evidentiary Hearing set for 1/11/2016 through 1/12/16 at 09:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) On or before 1/04/16, the parties shall file a joint status report. (Plummer, M)
December 1, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/01/15 ( Evidentiary Hearing continued to 5/2/2016 and 5/03/16 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) A joint status report is due on 4/25/16. (Plummer, M)
February 9, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 02/09/16 ordering petitioner's motion for discovery 57 is granted with respect to the production of trial counsel's entire trial file. Petitioner's motion for discovery is also granted with respect to the production of any notes, whether contained in trial counsel's file or elsewhere, relating to trial counsel's advice to petitioner regarding whether to accept the prosecution's plea offer, including the sentence petitioner could receive if she was convicted after a trial. In all other respects, petitioner's motion for discovery is denied. 7 days before the evidentiary hearing, the parties shall file a list of witnesses who will testify and all exhibits that will be offered into evidence. (See order for further details) (Plummer, M)
March 4, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/04/16 ordering within 2 weeks from the date of this order, the parties shall file a joint stipulation, not to exceed 7 pages, setting forth the current status of discovery regarding the production of documents from the file of petitioner's trial counsel. The 3/24/16 hearing date on petitioner's motion to schedule status conference 64 is vacated. The 3/31/16 hearing date on respondent's motion for discovery 66 is vacated. (Plummer, M)
March 30, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/2016 ORDERING the court wil hold a hearing on the status of discovery on 4/8/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Respondent shall secure the attendance of trial counsel Jesse Ortiz at the discovery hearing. At the 4/8/2016 hearing, the parties should be prepared to discuss proposed changes, if any, to the languange of the attached protective order. (Yin, K)
June 3, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/3/2016 ORDERING, within 7 days, the parties shall meet an confer and shall file a proposed protective order to be issued by the court in connection with discovery in this case.(Yin, K)
June 8, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/8/16 ORDERING that for purposes of the habeas corpus litigation in this matter, including the scheduled evidentiary hearing, all privileged communications or materials obtained by the Office of the California Attorney General from the file of petitioner's trial counsel shall be deemed confidential. Until such time as this court may order otherwise, these communications or materials may be used only by representatives of the Office of the California Attorney General and only for purposes of preparation and conduct of the August 22-23, 2016 evidentiary hearing. (Dillon, M)
August 2, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/2016 DENYING Petitioner's 79 Motion to Conduct the Deposition of Hon. Steve White. (Jackson, T)
August 4, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/04/16 denying 83 Motion to expand the record. The court will not entertain any further motions filed by either party prior to the evidentiary hearing on 8/22/16 absent extraordinary circumstances. (Plummer, M)
August 8, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 08/08/16 ordering the Custodian to produce Jessica Holmes on 08/22/16 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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 sent to the Warden, at Central California Women's Facility.)(Courtesy copy sent by fax to Litigation Coordinator, Central California Women's Facility at 559-665-6020) (Plummer, M) Modified on 8/8/2016 (Plummer, M).
September 7, 2016
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ORDER denying 96 Motion to reopen the evidentiary hearing and for discovery signed by Magistrate Judge Kendall J. Newman on 9/7/16: The hearing scheduled on the court's calendar for September 26, 2016, in this matter is vacated. (Kaminski, H)
October 26, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/26/2016 ORDERING, within 5 days, respondent shall re-lodge petitioner's California Superior Court habeas petition (Resp't's Lod. Doc. 7) and the Superior Courts decision thereon (Resp't's Lod. Doc. 8). (Yin, K)
November 4, 2016
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ORDER granting 104 Motion to Proceed IFP signed by Magistrate Judge Kendall J. Newman on 11/04/16. (Plummer, M)
November 17, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/16/16 recommending that that petitioners remanded claim of ineffective assistance of counsel in the course of plea negotiations be denied. Referred to Judge James K. Singleton. Objections due within 14 days. (Plummer, M)
March 21, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/20/17 ordering the motion to be relieved as counsel 121 is granted. Michael Bigelow is relieved as attorney of record in the above entitled matter. Petitioner is substituted in pro per; her contact information is: Jessica N. Holmes X-23116, Central California Women's Facility, PO Box 1508, Chowchilla, CA 93610. (Plummer, M)