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95-1500 - (HC) (DP) Stanley v. Calderon


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95-1500 - (HC) (DP) Stanley v. Calderon
May 3, 2005
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ORDER signed by Judge Gregory G. Hollows ORDERING Respondent's request for a 30-day enlargement of time 503 GRANTED. Respondent's response is due on 6/7/05. The hearing on the motion for evidentiary hearing set for 6/2/05 502 is hereby VACATED. (Krueger, M)
August 3, 2005
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MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 8/2/05 ORDERING that the findings and recommendations filed 3/3/04 are adopted in full.(Marcotte, D)
September 2, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/2/05. 502 Evidentiary Hearing is ordered as provided above. If parties seek reconsideration, because of necessity to stay on track to completion of case, undersigned will not grant any Request for Stay or for change of dates based on Request for Reconsideration.(Marciel, M) Modified on 10/26/2005 (Dotson, B).
September 9, 2005
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ORDER petitioner shall respond in writing to the points made in respondent's Request for Clarification no later than 9/16/2005 527, 482 signed by Judge Gregory G. Hollows on 9/9/2005. (Reader, L)
September 20, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/19/05. Court finds no good cause, much less the required extraordinary circumstances for further schedule changes, to modify the Scheduling Orders in case. Petitioner's counsel may seek monetary sanctions, if counsel desires, no later than 9/30/05.(Marciel, M)
September 28, 2005
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DEATH PENALTY CASE ORDER signed by Judge Frank C. Damrell Jr. on 9/28/05 re 544 MOTION Order barring transfer of prisoner filed by Jerry F Stanley. Response due by 10/5/2005. Petitioner's transfer is temporarily stayed due to the pending motion. (Price, M)
September 30, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/29/05 ORDERING The court will not act upon non-noticed or non-stipulated "requests," non-noticed motions, or spurious "proposed orders" which bear no indication of agreement or opposition. Outstanding requests etc. will be dealt with at the 10/6/05 scheduled hearing on resp's noticed motion for discovery.(Girgis, C)
October 7, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/6/05. The following procedures will apply (a) production to respondent of any documents prepared by or posed by petitioner's trial counsel or any person or persons, agencies, or business entities who worked with for, or as agents of petitioner's trial counsel.... (refer to document image for further procedures).(Marciel, M)
October 17, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/17/05 ordering dates set forth in 560 Joint Request to Modify Schduling Order are adopted. Pre-hearing hearing set for 12/12/2005. Evidentiary Hearing set for 1/3/2006 in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Dotson, B)
October 19, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/19/05 ordering respondent, Warden of CSP Corcoran, to make a private room available 10/26/05 so that Dr Jeff Victoroff can examine Pet and on 10/27/05 and 10/28/05 so that Dr. Dale Watson can examine Pet. (Dotson, B)
October 20, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/20/05. Insofar as pet requests clarification of the previous order re evidentiary hrg re expansion of the record with further facts re the Colusa County murder (see Docket 540), the court will not expand record nor will it consider such facts for evidentiary hrg purposes.(Dotson, B)
October 26, 2005
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ORDER re 540,541 Motion for Reconsideration or Clarification signed by Judge Gregory G. Hollows on 10/25/05 addressing pet's motion to expand the record. (Dotson, B)
November 8, 2005
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 11/8/05 ORDERING that Petitioner's Motion for Reconsideration of the Magistrate Judge's 9/20/05 order 555 is DENIED. (Mena-Sanchez, L)
November 9, 2005
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MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 11/9/05 ORDERING that Petitioner's Request for Reconsideration is GRANTED.(Mena-Sanchez, L)
November 29, 2005
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ORDER signed by Judge Gregory G. Hollows on 11/29/05 granting 580 Motion for leave to take deposition of a witness, Helen Montague, and to use the deposition in lieu of live testimony at evidentiary hearing. (Dotson, B)
December 7, 2005
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 12/7/05 re: 576 Motion for Reconsideration -DENIED. (Price, M)
December 9, 2005
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ORDER signed by Judge Gregory G. Hollows on 12/9/05 re-setting hearings. Pre-hearing hearing and hearing on 584 pet's motion to stay and continue the evidentiary hearing is set for 12/15/2005 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Dotson, B)
December 21, 2005
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ORDER & FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 12/21/05 stating that Judge Hollows will not order a competency hearing for petitioner's recent actions and will not reccomend to the district judge that the case be stayed pending competency hearings. The evidentiary hearing on the merits ordered in this case for 1/3/06 shall commence instead on 1/17/05 at 9:00 a.m. (Caspar, M)
January 4, 2006
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scheduled within March or April of this year. (Caspar, M)ORDER signed by Judge Gregory G. Hollows on 1/4/05 ORDERING the parties to submit an agreed upon date for the evidentiary hearing no later than 1/10/06. The agreed upon date must be made in consultation with the undersigned's clerk and must be
January 5, 2006
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MEMORANDUM re: DAG BROSTERHOUS AS A WITNESS signed by Judge Gregory G. Hollows on 1/5/06 PERMITTING attorney Brosterhous to be called as a witness and REFUSING to permit him to take part in examining the witness he allegedly intimidated.(Caspar, M)
January 10, 2006
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ORDER signed by Judge Gregory G. Hollows on 1/9/06 re-setting Evidentiary Hearing to 4/17/2006 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Dotson, B)
January 12, 2006
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ORDER signed by Judge Gregory G. Hollows on 1/12/06 directing Clk of Butte County Superior Court to send Dft's Exhibit 12683 from People v. Stanley (79825). (Dotson, B)
January 13, 2006
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ORDER respondent has filed a request for reconsideration 617, and notice of an intention to file a supplemental brief in support thereof by 1/20/2006 624. Petitioner seeks 10 court days for filing a response. The Court finds good cause for setting 2/3/2006, as the date for filing Petitioner's response. It is so ordered. 628, signed by Judge Frank C. Damrell Jr. on 1/12/2006. (Reader, L)
March 1, 2006
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 3/1/06 re 611 Findings and Recommendations filed 12/21/05 are ADOPTED IN FULL. No competency hearing shall be held at this time. (Price, M)
March 16, 2006
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ORDER re 663 Request filed by Steven Ornoski, signed by Judge Gregory G. Hollows on 03/16/06. (Hollows, Gregory)
March 16, 2006
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CORRECTED ORDER signed by Judge Frank C. Damrell Jr. on 3/16/06 re 663 Request filed by Steven Ornoski - GRANTED. Response due by 3/23/2006 to 662 Ex Parte Application filed by Jerry F Stanley. If a hearing is necessary it shall be set after briefing if filed. (Price, M)
March 27, 2006
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ORDER VACATING from calendar 670 Motion for Summary Judgment signed by Judge Gregory G. Hollows on 3/27/06. (Dotson, B)
March 28, 2006
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MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 3/27/06. 636 617 Motion for Reconsideration by the District Court of Magistrate Judge's Order of 1/5/06 filed by Steven Ornoski -GRANTED. 638 Motion for Reconsideration Denying Petitioner's Request for Protective Order filed by Jerry F Stanley -DENIED. (Price, M)
March 30, 2006
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 3/29/06. 662 Petitioner's Ex Parte Application for certification of interlocutory appeal is DENIED. (Price, M)
April 7, 2006
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ORDER signed by Judge Gregory G. Hollows on 4/7/06 ORDERING that the Petitioner's 677 Motion is GRANTED with the Provision that the deposition be videotaped. (Donati, J) Modified on 4/7/2006 (Donati, J).
April 18, 2006
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ORDER signed by Judge Gregory G. Hollows on 4/18/06 ORDERING that the US Marshal for the Eastern District of CA shall pay the travel expenses of Vicki Franich for purposes of testifying on 4/18/06, and shall pay further attendance fees and subsistence. The Clerk shall serve this order on the USM for EDCA. (Caspar, M)
May 31, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 5/31/06 recommending that petitioner's 12/6/05 591 motion to findprejudicial prosecutorial misconduct should be denied except as to Juror Mitts. With respect toJuror Mitts, all statements, declarations, and testimony procured commencing with the 2000Brosterhous interview, and continuing to the present, should be excluded. The matter of jurormisconduct should be decided on the Mitts' 1997 declaration pursuant to appropriate legalstandards. Objections to F&R due within 15 days. (Caspar, M)
June 2, 2006
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ORDER signed by Judge Gregory G. Hollows on 6/2/06 ORDERING that the court is tentatively inclined to allow Dr. Victoroff to testify as a rebuttal witness only in those specific areas in which Dr. Reus commented on Dr. Victoroff's work in this case, or in which Dr. Reus commented upon a neurological issue which was identified as such in Dr. Reus' testimony. However, the court will consider any objection respondent has to this limited rebuttal, if filed no later than 6/9/06. (Donati, J)
June 16, 2006
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/16/06 GRANTING respondent's 727 Request for Enlargement of Time. Respondent's and petitioner's Response to F/Rs is due 7/17/06.(Marciel, M)
July 26, 2006
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ORDER signed by Judge Gregory G. Hollows on 7/26/06 ORDERING that the record be EXPANDED w/ the 5/18/06 Victoroff declaration and the 6/8/06 Dr. Reus rebuttal; because the 8/31/05 Dr. Victoroff declaration was refrenced frequently at hearing, the court will order its filing and expansion of the record as well; no further submissions or in court testimony will be accepted on the medical issues.(Yin, K)
July 28, 2006
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ORDER signed by Judge Frank C. Damrell Jr. on 7/28/06. 742 MOTION for EXTENSION Time for Filing Opposition to State's Objections to Findings and Recommendations and to Continue Hearing filed by Jerry F. Stanley - GRANTED. Petitioner's opposition due by 8/18/2006. Hearing on Objections set for 9/25/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Price, M)
July 28, 2006
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CORRECTED ORDER (correction in order annotated by *) signed by Judge Frank C. Damrell Jr. on 7/28/06. 742 MOTION for EXTENSION Time for Filing Opposition to State's Objections to Findings and Recommendations and to Continue Hearing filed by Jerry F. Stanley - GRANTED. Petitioner's opposition due by 8/18/2006. Hearing on Objections set for 9/29/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Price, M)
August 1, 2006
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ORDER ON WITNESS FEE CERTIFICATION signed by Judge Gregory G. Hollows on 8/1/06 ORDERING that the FD assigned to this case has certified that the following witnesses appeared as non-expert fact witnesses on behalf of the Ptnr, who have been authorized to proceed IFP: Linda Teaby, KennethKlassen, Wilda Forbes, Janet Herbert, Mickie Mitts, Delbert Robinson, and Edna Franich. Therefore, the witness fees and mileage should be paid by the USM. (cc: USM) (Krueger, M)
August 16, 2006
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MEMORANDUM and FINAL SCHEDULING ORDER signed by Judge Gregory G. Hollows on 8/16/06. (See Order for Details) (Donati, J)
September 28, 2006
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 9/28/06. 756 Petitioner's MOTION for RECONSIDERATION of the magistrate judge's 8/16/06 ordder filed by Jerry F. Stanley - DENIED.(Price, M)
October 13, 2006
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MEMORANDUM, OPINION and ORDER signed by Judge Frank C. Damrell Jr. on 10/13/06. The court cannot find the magistrate judge's decision finding Brosterhous engaged in misconduct in the 2000 juror interviews and with respect to juror Mitts that the misconduct caused a prejudicial effect necessitating the exclusion of certain evidence, "clearly erroneous or contrary to law." The magistrate judge's findings of fact and conclusions of law are supported by the record and by proper analysis, and accordingly, the court ADOPTS the 5/31/06 714Findings and Recommendation in full.(Price, M)
October 24, 2006
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ORDER signed by Judge Gregory G. Hollows on 10/24/06 GRANTING 771 Joint Motion for Extension of Time. The parties have 30 days from the date of this order to file closing briefs. (Donati, J)
October 26, 2006
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ORDER signed by Judge Gregory G. Hollows on 10/25/06 ORDERING that the parties may defer briefing all competency trial and penalty phase issues aside from the Juror Mitts issue and the penalty phase "effect" issue described above. In the event that the undersigned changes his tentative views, the undersigned would, of course, give the parties the opportunity to brief any competency trial or penalty phase issues deferred.(Donati, J)
December 1, 2006
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ORDER signed by Judge Gregory G. Hollows on 12/1/06 GRANTING 779 Stipulation and ORDERING that the closing briefs shall be filed no later than 12/14/06. (Donati, J)
April 11, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 04/10/07 RECOMMENDING that the Juror Mitts competency trial, juror misconduct issue, Amended Petition,Claim 21 (in part), should be resolved in petitioner's favor and procedurally disposed of as setforth herewith. Objections due within 20 days.(Manzer, C)
April 30, 2007
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ORDER signed by Judge Frank C. Damrell Jr. on 4/30/07 re 798 MOTION for EXTENSION to file objections by Jerry F. Stanley - GRANTED. Objections to F&R due by 5/15/2007. (Price, M)
May 15, 2007
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ORDER signed by Judge Frank C. Damrell Jr. on 5/15/07. 803 MOTION for EXTENSION file response to objections to 795 findings and recommendation by Jerry F. Stanley -GRANTED. Response to Objections to F&R due by 5/25/2007. Reply due by 6/15/2007. Oral argument is set for 7/13/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Price, M)
June 12, 2007
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ORDER signed by Judge Frank C. Damrell Jr. on 6/12/07. 810 MOTION leave to file reply to response to objections re 809 Reply/Response filed by Jerry F. Stanley -GRANTED. Reply filed 6/11/07 considered timely filed. (Price, M)
July 24, 2007
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MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 7/24/07. For all of the reasons, as stated in this order, the court ADOPTS IN FULL the magistrate judges F&R 795 of 4/11/07. (Price, M)
August 29, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 8/28/07 RECOMMENDING that partial judgment should be entered as to claims 1 (a), 1(b), 4, 5, 13, 19, 20, 22, 23, 24, 26 as those claims in whole or in part relate to the guilt phase (includes pre-trial) in favor of respondent; as such there are no guilt phase (includes pre-trial) claims remaining to be adjudicated. Partial judgment should be awarded to petitioner on the juror Mitts bias/misconduct claim 21(a). Adjudication of the remainder of claims in the Amended Petition should be stayed pending a determination of the competency phase proceedings in state court. A claim-by-claim identification of decided and deferred claims have previously been set forth. Respondent should be ordered to commence proceedings on the issue of whether to hold a retrospective competency hearing within thirty days after judgment is entered. (Kaminski, H) Modified on 9/4/2007 (Donati, J).
September 18, 2007
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ORDER signed by Judge Frank C. Damrell Jr. on 9/18/07. 820 Request for Extension filed by Jerry F. Stanley - GRANTED. Objections to F&R due by 10/18/2007. (Price, M)
October 17, 2007
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ORDER signed by Judge Frank C. Damrell Jr. on 10/17/07. 823 Request for 2nd extension of time filed by Jerry F. Stanley - GRANTED.Objections to F&R due by 10/29/2007. (Price, M)
October 26, 2007
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ORDER signed by Judge Frank C. Damrell Jr. on 10/26/07 ORDERING that Petitioner's Request for a third Extension of time 825 is GRANTED. Petitioner shall file his objections on or before 11/2/07. (Mena-Sanchez, L)
November 14, 2007
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ORDER signed by Judge Gregory G. Hollows on 11/14/07 ORDERING that no action will be taken on petitioner's duplicative assertions. The Clerk shall scan a copy of the forwarded petition 828 and relate it to this order. (Duong, D)
November 19, 2007
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ORDER signed by Judge Frank C. Damrell Jr. on 11/19/07. 830 Request for extension of time filed by respondent. Reply to objections are now due by 12/17/2007. (Price, M)
December 13, 2007
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ORDER signed by Judge Frank C. Damrell Jr. on 12/13/07. 835 Application - ATY filed by Robert Ayers - GRANTED. Respondents opposition to the Petitioners Objections to the Magistrate Judges Findings and Recommendations is due by 12/24/07. (Price, M)
March 17, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr on 03/17/08. The court adopts the magistrate judges conclusions as stated in the 817F&R of 8/29/07, thereby denying the entirety of petrs guilt phase habeas claims. This court orders as follows: all guilt phase claims, including competency to stand trial at the guilt phase, are decided in favor of respt. The court hereby enters PARTIAL JUDGMENT pursuant to FRCP 54(b) in favor of respt as to Claims 1(a), 1(b), 4, 5, 13, 19, 20, 22, 23, 24, and 26, as those claims in whole or in part relate to the guilt phase. For the reasons previously stated by the court (see Docket 816, PARTIAL JUDGMENT in favor of petr is entered as to Claim 21(a) re: juror misconduct during the competency trial. The remainder of the competency and penalty phase claims are STAYED pending a determination of the competency phase proceedings in state court. Respt is hereby ordered to commence state court proceedings on the issue of whether to hold a retrospective competency hearing within thirty days after judgment is entered. (Price, M)
November 6, 2008
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ORDER signed by Judge Frank C. Damrell, Jr on 11/05/2008 ORDERING that a Certificate of Appealability is issued as to the five claims set forth in this order regarding 853 Notice of Appeal filed by Jerry F. Stanley. (Streeter, J)
January 14, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/14/13 RECOMMENDING that this action be stayed and held in abeyance pending the exhaustion of issues pertinent to the competency proceedings on remand. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
April 11, 2013
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ORDER ADOPTING 897 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 4/10/2013. This action is STAYED and held IN ABEYANCE pending exhaustion of issues pertinent to competency proceedings on remand. (Marciel, M)
August 15, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/14/14 ordering by 08/28/14, the parties shall meet and confer and file a joint status report. (Plummer, M)
September 10, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/10/14 ORDERING that within twenty days of the filed date of this order, the parties shall jointly propose deadlines for the filing of: any motion(s) for discovery with this court, any other anticipated motions or requests, and the exhaustion petition with the California Supreme Court.(Dillon, M)
October 1, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/1/14 ORDERING that Respondent shall file any motion to dismiss by October 17, 2014. Petitioner shall file any motions involving prior counsels files and the record by October 24, 2014. The stay of these proceedings is lifted for purposes of considering the above-referenced motions. Petitioner shall initiate the state- court exhaustion proceedings within sixty days of the disposition of the above- referenced motions.(Dillon, M)
October 3, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/2/14 ORDERING that the Clerk of the Court is directed to file all pro se submissions made by petitioner Stanley. The docket shall reflect those submissions as Letter from petitioner. Attorney Jack Leavitt is warned that any further filings he makes with this court may subject him, again, to sanctions. The Clerk of the Court is directed to remove Mr. Leavitts August 28, 2014 Request for Relief to Protect Confidentiality (ECF No. 933) from the docket. The Clerk of the Court is directed to serve a copy of this order upon Mr. Leavitt.(Dillon, M)
October 29, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/29/14 ordering that petitioner filed a notice under Local Rule 191(h)(2) that respondent has failed to lodge the state court record from petitioner's competency proceeding held in Lake County Superior Court 946. Within 5 days of the filed date of this order, respondent shall file a response. (Plummer, M)
October 29, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/29/14 ordering by 11/13/14, Mr. Leavitt shall file a response in writing to the motion. Mr. Leavitt's response shall be limited to explaining why this court should not impose sanctions and/or find him in contempt of court. In addition, Mr. Leavitt may request oral argument. Within 1 week of Mr. Leavitt's response, petitioner's counsel may file a reply. The clerk of the court is directed to serve a copy of this order on Mr. Leavitt. (Plummer, M)
October 29, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/29/14 as to 942 MOTION to DISMISS ( Motion Hearing continued to 12/3/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Oppositions to each motion shall be filed by 11/11/14. Any reply briefs shall be filed by 11/18/14. (Plummer, M)
November 4, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/4/2014 ORDERING that within 5 days, petitioner shall file a statement explaining which portions of the state court record he lacks; within 20 days thereafter, respondent shall file a notice that he has lodged those portions of the record with the court or explain why he was unable to do so.(Yin, K)
November 10, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/10/14 GRANTING 953 Motion to File Documents in Paper and DENYING 954 Motion to Recuse. (Manzer, C)
November 26, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/26/14 ORDERING that the court finds respondents October 17 Motion to Dismiss (ECF No. 942) and petitioners October 24 Motion for Order Authorizing Subpoena Duces Tecum (ECF No. 945) can be resolved without oral argument. Accordingly, the hearing scheduled for December 3, 2014 before the undersigned is VACATED.(Dillon, M)
November 26, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/26/14 ORDERING that the Clerk of the Court is directed to file Jack Leavitts November 10, 2014 Request for Hearing and Oral Argument and his November 8, 2014 Opposition to Sanctions Motion. Within one week of the filed date of this order, petitioner may file a reply brief. On December 10, 2014 at 10:00 a.m., the undersigned will hold a hearing on petitioners October 24, 2014 Motion for Sanctions in courtroom # 24. The Clerk shall serve a copy of this order and file-stamped copies of the Request for Hearing and Oral Argument and the Opposition to Sanctions Motion by U.S. mail on Mr. Leavitt. (Dillon, M)
December 3, 2014
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942) be DENIED. Referred to Judge John A. Mendez; Objections to F&R due within 30 days.(Dillon, M)ORDER ; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/3/14 ORDERING that petitioners Motion for Order Authorizing Subpoena Duces Tecum 945 is GRANTED. It is RECOMMENDED that respondents Motion to Dismiss (ECF No.
December 19, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/19/14 ORDERING that Mr. Leavitts December 5, 2014 Request for Reconsideration 968 is DENIED; Petitioners counsels October 24, 2014 Motion for Sanctions 947 is GRANTED. Within 15 days of the filed date of this order, petitioners counsel shall file and serve upon Mr. Leavitt a statement setting forth the fees and costs incurred as a result of Mr. Leavitts inappropriate filings dated August 21 and September 12, and three attempted filings served on petitioners counsel in November. Within 15 days of service of petitioners counsels statement, Mr. Leavitt may file a response. That response may be filed in paper. Mr. Leavitt is warned that any other filing by him will be considered a violation of court orders and sanctionable.(Dillon, M)
January 23, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/15 GRANTING 984 Motion for Extension of time; Mr. Leavitts January 20, 2015 opposition to the motion to compel is accepted for filing. By January 27, 2015, petitioner shall file any reply to the opposition to the motion to compel. The hearing on petitioners December 31, 2014 motion to compel 975 is continued from January 28, 2015 to February 4, 2015 at 10:00 a.m. On January 28, 2015 at 10:00 a.m., the undersigned will hold a conference to discuss the proposals made in Mr. Leavitts January 14 letter. Petitioners counsel and Mr. Leavitt shall both participate in the conference, and may do so telephonically. Anyone wishing to participate by telephone shall contact Courtroom Deputy Kyle Owen at (916) 930-4004 by 4:30 p.m. on January 27, 2015. Mr. Leavitt is advised that his request for reconsideration of the order granting petitioners counsels motion for sanctions has been accepted and filed.(Dillon, M)
January 23, 2015
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ORDER signed by Judge John A. Mendez on 1/23/15 ORDERING that the Court DENIES Mr. Leavitts Request for Reconsideration. (Dillon, M)
January 29, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/29/15 ORDERING that on February 4, 2015, at 10:00 a.m., the court will hear petitioners motion to compel. The court expects petitioners counsel and Mr. Leavitt to appear. At that time, the court will also hear any argument on the amount of sanctions to be levied against Mr. Leavitt pursuant to the December 19, 2014 order. Clerk of the Court is directed to serve a copy of this order by U.S. mail on attorney Jack Leavitt.(Dillon, M)
February 5, 2015
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xtension of time of this deadline with a showing of good cause. Petitioner's counsel shall arrange for a commercial delivery service to respond to Mr. Leavitt's home on 02/06/15, to pick up all documents responsive to the subpoena. The delivery service shall deliver the documents to the Office of the Clerk of this court as soon as practicable after receiving them. The documents received by the court will neither be filed nor lodged. The documents will be held by the Clerk of Court and secured in a restricted room. The person delivering the documents should specifically note that the documents are neither lodged nor filed, refer to this order in the cover letter, and provide a copy of this order in the box or boxes delivered. If Mr. Leavitt fails to file a timely motion for reconsideration of the court's order granting the motion to compel, petitioner's counsel may obtain the box(es) of documents from the court. Within 2 weeks of receipt of the documents, petitioner's counsel shall return them to Mr. Leavitt. Mr. Leavitt is ordered to pay sanctions in the amount of $9,120.00 pursuant to the 12/19/14 order. Mr. Leavitt may file a motion for reconsideration of this sanctions amount. Any motion ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/04/15 granting 975 Motion to Compel. Mr. Leavitt may file a motion for reconsideration of this order. Any motion for reconsideration shall be filed by 02/13/15. Mr. Leavitt may seek an efor reconsideration must be filed by 2/18/15. If Mr. Leavitt fails to make a timely motion for reconsideration, he shall pay $9,120.00 to the Clerk of the Court no later than 2/20/15. Mr. Leavitt may seek extensions of time of these deadlines for good cause. To the extent petitioner's counsel requests further sanctions levied against Mr. Leavitt, those requests are denied. However, Mr. Leavitt was warned during the hearing, and is warned again here, that his failure to comply with any aspect of this order will subjection him to sanctions. And, to reiterate what this court has previously made clear, Mr. Leavitt may not file any documents in this court unless specifically permitted to do so. (Copy of this order served by mail on Jack Leavitt, 1019 Merced Street, Berkeley, CA, 94707.) (Plummer, M)
February 20, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/20/15 ordering by 03/05/15, Mr. Leavitt shall pay sanctions in the amount of $9120.00 to the clerk of the court. By 2/27/15, petitioner's counsel shall retrieve the four boxes of documents delivered to the court last week from Mr. Leavitt. Petitioner's counsel shall file a notice of the date they received the boxes. As specified previously, within 2 weeks of receipt of the documents, petitioner shall return them to Mr. Leavitt. The clerk of the court is directed to serve a copy of this document on attorney Jack Leavitt. (Copy of this order served by mail on Jack Leavitt, 1019 Merced St., Berkeley, CA 94707)(Plummer, M)
March 19, 2015
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ORDER signed by Judge John A. Mendez on 3/18/2015 FINDINGS AND RECOMMENDATIONS 965 are ADOPTED in FULL; and Respondent's 942 Motion to Dismiss is DENIED. (Reader, L)
March 24, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/24/2015 ORDERING counsel for both parties to meet and confer, and within 10 days file a joint statement explaining the status of the stay and abeyance of these proceedings pending exhaustion and identifying a deadline for petitioner's initiation of the state exhaustion proceedings.(Yin, K)
April 21, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/21/2015 ORDERING petitioner to initiate state exhaustion proceedings by 6/9/2015. This case will remain stayed and in abeyance during the pendency of those state proceedings. Within 10 days after the final state court resolution of the exhaustion proceedings, petitioner shall notify this court that the state proceedings have concluded.(Yin, K)
January 11, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/11/16. Attorney Jack Leavitt has submitted a copy of a legal document entitled Proof of Service on Retaining of Attorney for all Purposes. Mr. Leavitt has been informed by this court numerous times that he may not file any documents herein without express permission to do so. (See, e.g., Feb. 5, 2015 Order (ECF No. 995); Dec. 19, 2014 Order (ECF No. 972).) Because this court has not given Mr. Leavitt permission to file the document he submitted, the Clerk of the Court is directed not to add the document to the docket of this proceeding and to return it to Mr. Leavitt.(Dillon, M)
May 10, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/10/16 ORDERING that within 20 days of the filed date of this order, respondent shall file a response to petitioners April 25 status report. In particular, respondent shall address petitioners argument that this federal proceeding remain stayed. (Dillon, M)
June 1, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/01/16 ordering that within 30 days of the date petitioner's automatic appeal is final, petitioner shall file a status report which shall include a description of any further state court proceedings and argument in support of any request for maintenance of the stay and abeyance of these federal proceedings. (Plummer, M)