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12-508 - (HC) Herrera v. Gipson


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12-508 - (HC) Herrera v. Gipson
April 5, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/4/2012 DENYING, without prejudice, petitioner's 12 renewed motion for appointment of counsel. (Yin, K)
May 31, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/30/12 ORDERING that petitioners May 14, 2012 request for an extension of time 20 is DENIED as unnecessary; and petitioners May 23, 2012 request for the appointment of counsel 22 is DENIED without prejudice. (Dillon, M)
July 26, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/25/12 DENYING 26 Motion to Appoint Counsel ; GRANTING 26 Motion for Extension of time. Petitioner is granted 30 days from the date of this order in which to file and serve a traverse. (Dillon, M)
December 14, 2012
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at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd, all parties to appear by counsel; 14 days prior to the conference, the parties shall file and serve status reports. (cc: David Porter)(Yin, K)ORDER signed by Magistrate Judge Dale A. Drozd on 12/13/2012 ORDERING that the Federal Defender is APPOINTED to represent petitioner; the Clerk to serve a copy of the petition and this order on David Porter; a Status Conference is SET for 2/1/2013
December 20, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/20/12 ORDERING that Michael Bigelow shall be substituted in as appointed counsel for Petitioner in place of the Office of the Federal Defender for the Eastern District of California.(Dillon, M)
January 8, 2013
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ORDER denying 39 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 1/08/13. (Plummer, M)
February 11, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 02/08/13 ordering the parties shall file supplemental briefs by 04/09/13. The briefs should address the matters discussed at the status conference but may also include any other matters the parties may wish to address to aid in the disposition of this matter. Either party may file a response to the opposing party's supplemental brief by 05/09/13. (Plummer, M)
February 6, 2014
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 2/5/2014 ORDERING the custodian to produce Roberto Herrera #T-65624, to testify in USDC at 10:00 AM on 3/24/14 in courtroom #27, before Magistrate Judge Dale A. Drozd ; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and CSP-Corcoran Warden. (cc: OTCD-SAC) (Served By Mail: 3 Certified copies of Order and Writ issued served on CSP-COR Warden.)(Yin, K)
March 3, 2014
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solved by the District Court.(Dillon, M)ORDER signed by Magistrate Judge Dale A. Drozd on 2/28/14 ORDERING that the March 24, 2014 evidentiary hearing is vacated. An evidentiary hearing will be reset, if appropriate, after respondents February 24, 2014 request for reconsideration is re
August 25, 2014
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ORDER denying respondent's 67 Motion for Reconsideration, signed by Judge Kimberly J. Mueller on 8/24/14. (Kastilahn, A)
September 10, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 09/09/14 ordering ( Evidentiary Hearing re-set for 11/17/2014 at 09:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) The scope of the evidentiary hearing will be limited to petitioner's claim that his guilty plea was induced by threats and harassment and was therefore not voluntarily entered. (Plummer, M)
October 20, 2014
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 10/17/14 ordering ( Evidentiary Hearing continued to 1/26/2015 at 09:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Plummer, M)
December 16, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/15/14 ORDERING that Respondents motion for discovery is granted; Petitioners counsel shall respond to respondents interrogatories and requests for production of documents by January 12, 2015, by producing the requested discovery or asserting a privilege; If petitioner declines to produce any of the requested discovery on the basis of privilege, he shall explain the basis for the assertion of privilege in a brief to be filed by January 12, 2015; Respondent may file a reply to petitioners assertion of privilege, if any, by January 20, 2015. A status conference will be held on January 26, 2015, at 10:00 a.m. in courtroom No. 27 with respect to the state of discovery in this matter. Whether any depositions will be allowed prior to an evidentiary hearing shall be discussed at that conference; and the evidentiary hearing scheduled in this matter on January 26, 2015, is vacated. (Dillon, M)
January 27, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/26/15 ordering ( Evidentiary Hearing set for 4/27/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) prior to the evidentiary hearing, respondent may take petitioner's deposition at the prison at which he is currently housed. The deposition will be limited to no longer than 4 hours of questioning by respondent's counsel and time consumed by any questions posed by petitioner's counsel shall not be counted against that time limit. Respondent's counsel shall inquire with prison officials as to the best method for petitioner's counsel to review petitioner's prison C-file and shall relay that information to petitioner's counsel. Respondent's request to take the deposition of petitioner's counsel is denied. However, respondent's counsel may seek to interview petitioner's trial counsel if he voluntarily consents to an interview. Petitioner's counsel shall be present if any such interview takes place. Prior to the evidentiary hearing in this matter, petitioner shall submit verified responses to respondent's request for interrogatories and request for production of documents. The parties are directed to exchange witness lists 30 days prior to the evidentiary hearing. (Plummer, M)
March 5, 2015
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 3/4/15 ORDERING that the hearing on petitioner's discovery motion in the above- captioned matter is continued to March 27, 2015, at 10:00 a.m. in Courtroom No. 27; and the evidentiary hearing in the above-captioned matter is continued to July 20, 2015, at 10:00 a.m. in Courtroom No. 27.(Dillon, M)
March 30, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 03/27/15 ordering within 14 days from the date of this order, respondent shall submit to the undersigned for in camera review the personnel file of Correctional Officer Bret Fleming, No. 56279, as it may relate to these habeas proceedings as well as any internal affairs report regarding the events that are described in petitioner's habeas petition in which he claims that his guilty plea was coerced. Respondent shall attach a cover letter to the materials submitted for the court's in camera review explaining respondent's position with respect to any information that respondent believes should not be turned over in discovery. Any material ordered to be provided to petitioner's counsel following the court's in camera review shall be produced subject to a stipulated protective order. (Plummer, M)
June 26, 2015
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 6/25/15 ORDERING the Evidentiary Hearing RESET for 9/14/15 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Becknal, R)
July 28, 2015
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urned to counsel for respondent.(Yin, K)ORDER signed by Magistrate Judge Dale A. Drozd on 7/28/2015 ORDERING that no aspect of Officer Fleming's personnel file need be disclosed to petitioner's counsel. The material submitted to the undersigned for in camera review has been ret
September 14, 2015
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 9/14/2015 ORDERING the custodian to produce Roberto Herrera #T-65624, to testify in USDC at 9:00 a.m. on October 19, 2015, in courtroom 27, before Magistrate Judge Dale A. Drozd; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (3 Certified copies served on Warden, 1 copy faxed to Lit Coordinator at CSP-COR) (Yin, K)
January 15, 2016
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ORDER denying Motion to Reopen Evidentiary Hearing 119, 121, 122 and vacating 2/2/2016 hearing signed by District Judge Dale A. Drozd on 1/14/2016. (Lundstrom, T)
April 1, 2016
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ORDER Denying Petition for Writ of Habeas Corpus, signed by District Judge Dale A. Drozd on 3/31/16. CASE CLOSED. (Verduzco, M)