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14-1797 - (HC) White v. Lizzarraga


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14-1797 - (HC) White v. Lizzarraga
July 30, 2014
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ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Jennifer L. Thurston on 07/30/14. New Case Number 1:14-cv-0198-JLT. New Case Number: 2:14-cv-01797-DAD. (Gonzalez, R)
February 3, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 2/2/15 ORDERING that 16 Motion for Extension of time is GRANTED; Petitioner shall file and serve a traverse within thirty days of the date of this order.(Dillon, M)
December 8, 2015
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ORDER signed by Senior Judge James K. Singleton on 12/08/15 ordering that limited discovery is necessary in this case. The Criminal Justice Act (CJA) Panel is requested to appoint a new attorney for White for the purpose of conducting discovery on White's behalf and, if necessary, to represent White in an evidentiary hearing. Within 60 days of the appointment of counsel, the parties shall confer under Federal Rule of Civil Procedure 26(f) and shall prepare and submit to the Court a joint status report that includes the Rule 26(f) discovery plan ("Discovery Plan Date"). The discovery plan shall include anticipated discovery and scheduling of discovery (including a proposed date for discovery cut off). If necessary, each side may file a 3 page brief on any discovery disputes by the close of the discovery plan date. Once discovery is complete, the parties shall brief the issue whether White was informed of all plea offers. Once the court has received the parties' discovery plan and considered further briefing by the parties on the results of discovery and any disputed issues of material fact, if any, the court will either order an evidentiary hearing or enter final judgment, and will ultimately determine whether a certificate of appealability will be granted by this court. (See order for further details)(cc: Kurt Heiser, CJA Panel)(Plummer, M)
January 12, 2016
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ORDER APPOINTING COUNSEL signed by Senior Judge James K. Singleton on 1/11/2016 ORDERING CJA panel attorney Benjamin P. Ramos appointed effective 12/10/2015 for Matthew Douglas White. Petitioner's 2 motion to proceed IFP is GRANTED. (Zignago, K.)
April 20, 2016
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STIPULATION and ORDER RE BRIEFING SCHEDULE signed by Senior Judge James K. Singleton on 4/20/16 ORDERING that Petitioner's opening brief due within 30 days of April 10, or by 5/10/2016. Respondent's brief due within 30 days after that date, or by 6/10/2016.(Mena-Sanchez, L)
June 24, 2016
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ORDER signed by Senior Judge James K. Singleton on 6/23/2016 ORDERING that this matter is ramdonly referred to U.S. Magistrate Judge Edmund F. Brennan to hold an evidentiary hearing, as he deems appropriate, to determine: 1) whether trial counsel communicated the prosecution's plea bargain offer to resolve the case for a 10-year sentence to White and/or whether the prosecutor communicated such an offer to White; and 2) whether White understood and rejected the offer. The appointment of Benjamin Ramos as attorney for White shall continue for purposes of this evidentiary hearing. Once this Court has received the Magistrate Judge's findings of fact and recommendation and any parties' objections to the recommendation, this Court will resolve the remaining issue and enter final judgment. Until final judgment, this Court's prior order will be subject to revision in conformity with Federal Rule of Civil Procedure 54(b). (Zignago, K.)
July 27, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 07/27/16 ordering ( Evidentiary Hearing set for 9/12/2016 and 9/13/16 at 09:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.) (Plummer, M)
August 4, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 8/4/16 ORDERING the Custodian to produce at 9:30 am on September 12 and 13, 2016, in Courtroom 8 before Judge Edmund F. Brennan. 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)(Dillon, M)
December 16, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/15/16 RECOMMENDING that petitioner's application for a writ of habeas corpus be denied. Referred to Judge James K. Singleton; Objections to F&R due within 14 days.(Dillon, M)