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15-1916 - (DP)(HC) Ervine v. Davis


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15-1916 - (DP)(HC) Ervine v. Davis
September 14, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/11/2015 GRANTING Mr. Ervine's 2 request to proceed IFP. Mr. Ervine's 1 application for appointment of counsel is GRANTED. Counsel will be appointed following notice from the Eastern District Selection Board either that the Federal Defender, Capital Habeas Unit, or that other qualified counsel available for appointment has been identified. Mr. Ervine's 1 request for stay of execution is DENIED without prejudice to renewal should any proceedings related to the execution of his sentence of death be instituted in state court during the pendency of the instant proceedings.. (Yin, K)
September 22, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/21/15 ORDERING that the Office of the Federal Defender, Capital Habeas Unit, is appointed to representpetitioner pursuant to 18 U.S.C ยง 3599. See Local Rule 191(c). On October 16, 2015 at 9:30 a.m., the undersigned will hold a case management conference. Clerk of the Court is directed to file under seal the Selection Boards September 14, 2015 letter to the undersigned. In addition to serving this order upon counsel, the Clerk is directed to serve it upon Kurt Heiser, CJA Administrator, Office of the Federal Defender for the Eastern District of California.(Dillon, M)
October 19, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/16/15 ORDERING that by August 19, 2016, petitioner shall file the petition pursuant to 28 U.S.C. ยง 2254. By November 6, 2015, respondent shall file a Notice of Lodging and lodge with the court the state court record (see order for details). (Dillon, M)
November 17, 2015
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ORDER signed by Magistrate Judge Allison Claire on 11/16/15 ORDERING that Respondents November 5, 2015 Request to Seal is GRANTED. The Clerk of the Court is directed to file under seal respondents November 5, 2015Request to Seal Documents and CD and respondents Proposed Order Sealing LodgedDocuments. The Clerk is directed to lodge under seal the appropriate documents and CD (see order for details).(Dillon, M)
October 7, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 10/06/16 granting in part 23 Motion for Protective Order. Within five days of the filed date of this order, petitioner shall file a copy of exhibit 290 with the jurors name redacted. The Clerk of the Court is directed to file under seal exhibits 290-301 to the petition. Within five days of the filed date of this order, petitioner shall serve copies of exhibits 291-301 on respondent, subject to the protective order set out in paragraph 2, below. By January 31, 2017, respondent shall file and serve a motion to dismiss or other pleading responsive to the petition. Within thirty days of service of the motion, petitioner shall file an opposition. Within fifteen days thereafter, respondent shall file any reply. The court will schedule oral argument if necessary. (See order for further details). (Plummer, M) Modified on 10/7/2016 (Plummer, M).
May 9, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 05/09/17 as to 37 MOTION to STAY ( Motion Hearing continued to 8/11/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) Respondents opposition to the motion for stay and abeyance is due on July 21, 2017 and petitioners reply is due July 28, 2017. (Plummer, M)
July 31, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 7/31/2017 GRANTING 41 Motion to Continue Hearing on Petitioner's Motion for Stay and Abeyance and Modify Briefing Schedule. Hearing on Petitioner's Motion for Stay and Abeyance continued to 10/20/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Opposition due on 9/22/2017 and any reply brief due on 9/29/2017. (Henshaw, R)
August 8, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 8/7/2017 STRIKING the 7/28/2017 stipulation from the record; and the court finds good cause for respondent's 41 unopposed motion for extension of time and CONFIRMS the dates set out in the 7/31/2017 order. (Yin, K)
September 27, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 9/26/2017 GRANTING respondent's 45 motion for a continuance. The hearing on petitioner's 37 Motion to Stay and Abeyance is CONTINUED to 12/15/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Respondent's opposition is due on 11/3/2017 and any reply brief is due on 11/10/2017. (Yin, K)
November 15, 2017
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STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 11/14/2017 CONTINUING the 37 Motion to Stay Hearing to 1/5/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Hunt, G)
January 10, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/9/2018 RECOMMENDING 37 Motion to Stay be granted and 33 Motion to Dismiss be denied. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
March 6, 2018
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ORDER signed by District Judge Troy L. Nunley on 3/5/2018 ADOPTING 54 Findings and Recommendations in full. Petitioner's 37 Motion for Stay/Abeyance is GRANTED. Respondent's 33 Motion to Dismiss is DENIED. Petitioner is ORDERED to file a notice with this Court within thirty days of a decision by the California Supreme Court on his exhaustion petition. CASE STAYED. (Zignago, K.)