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97-2167 - (HC) (DP) Jones v. Wong


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97-2167 - (HC) (DP) Jones v. Wong
June 3, 2005
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(VACATED pursuant to 83 Order) FINDINGS and RECOMMENDATIONS signed by Judge Peter A. Nowinski on 6/2/05 recommending that respondent's 8/24/04 Motion to Dismiss 68 be granted in part; claims II, VIII-B, VIII-C1, VIII-C3, VIII-D and X be dismissed; allegations in claim III the state violated pltf's right to a competent expert be dismissed and claim be addressed only as alleging ineffective assistance; claim XIX be dismissed as premature. Motion referred to Judge Morrison C. England. (Girgis, C) Modified on 4/27/2006 (Brown, T).
April 27, 2006
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ORDER signed by Judge Craig M. Kellison on 4/26/06 ORDERING that: the 77 Findings and Recommendations are VACATED; each party shall file and serve a brief addressing the questions identified in this order w/in 30 days; and w/in 45 days of the date of this order, any party may file and serve a response . (Brown, T)
March 31, 2008
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ure; and respondent's motion be denied in all other respects. Motion referred to Judge England. Written objections to these findings are DUE within 30 days after being served with findings. (Kastilahn, A)AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 3/31/08 RECOMMENDING that 68 Respondent's Motion to Dismiss be granted in part and denied in part. Respondent's motion be granted as to Claim III, which should be dismissed for failure to state a claim, except to the extent petitioner alleges ineffective assistance of counsel with respect to a competent expert. Respondent's motion be granted as to Claim XIX, which should be dismissed as premat
September 30, 2008
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ORDER signed by Judge Morrison C. England, Jr on 9/30/08 ORDERING that the amended 88 findings and recommendations filed March 31, 2008, are adopted in full: Respondent's 68 motion to dismiss is GRANTED in part and DENIED in part. Respondent's motion is granted as to Claim III, which is dismissed for failure to state a claim, except to the extent petitioner alleges ineffective assistance of counsel with respect to a competent expert. Respondent's motion is granted as to Claim XIX, which is dismissed as premature. Respondent's motion is denied in all other respects. (Duong, D)
October 6, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 10/3/08: A Phase III case management conference is set for 10/22/2008 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Kaminski, H)
October 31, 2008
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STIPULATION and ORDER 95 for appointment of experts and Protective Order, signed by Magistrate Judge Craig M. Kellison on 10/30/08. Drs. Chris Roach and Dr. May, should be appointed as the Court's experts in this case. (Kastilahn, A)
November 12, 2008
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, D)ORDER signed by Magistrate Judge Craig M. Kellison on 11/12/08 ORDERING that at the hearing, the parties expressed their confidence that a stipulated protective order could be submitted to the court in short order. If a stipulated protective order regarding release of the doctors reports cannot be reached by November 13, 2008, petitioner's counsel shall contact the undersigned's courtroom deputy to set a further status conference at which time a briefing schedule will be established. Following resolution of the protective order issue and preparation of the experts' reports, the court will set a further status conference to discuss the partiess meet-an-confer efforts regarding the issue of petitioner's competency. (Duong
November 20, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/19/2008 ORDERING a Status Conference set for 3/5/2009 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. The parties may appear telephonically.(Matson, R)
November 20, 2008
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STIPULATION FOR PROTECTIVE ORDER AND ORDER signed by Magistrate Judge Craig M. Kellison on 11/19/2008. (Matson, R)
March 2, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 3/2/09 ORDERING that upon submission of the experts reports, copies will be provided to the parties and the court will set a status conference.(Dillon, M)
March 2, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 3/2/09 ORDERING that the status conference set for 3/5/09 at 10:00 a.m., in Redding, California to discuss the issue of petitioners current competency is VACATED and will be re-set by separate order issued following receipt of the courts experts reports.(Dillon, M)
April 15, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 4/14/09 ORDERING that a Status Conference is SET for 5/7/2009 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison; parties may appear telephonically. (Yin, K)
July 9, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 07/08/09 ordering ( Continued Status Conference set for 8/27/2009 at 02:00 PM in Redding (CMK) before Magistrate Judge Craig M. Kellison.) (Plummer, M)
August 28, 2009
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ORDER re PETITIONER'S MENTAL INCOMPETENCY signed by Magistrate Judge Craig M. Kellison on 8/27/09 and stipulated between the parties that the proceedings are STAYED, due to ptnr's incompetence; the stay to remain in effect until and unless ptnr is restored to competency; ptnr's counsel to annually apprise the court and respondent of petitioner's mental condition; the Warden to provide a copy of ptnr's medical records, inclusive of psychiatric records, to counsel, for the preparation of the annual status report. (Yin, K)
March 2, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 2/27/15 granting 122 Motion for Extension; The hearing on Respondents Motion to Vacate Stay of Federal Habeas Corpus Proceedings (Doc. 121) is continued to 10:00 a.m. on June 24, 2015.(Dillon, M)
March 31, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 3/30/15 ORDERING that petitioners counsels request for a determination under Harbison v. Bell, 556 U.S. 180, 190 n.7 (2009), and 18 U.S.C. ยง 3599 is denied without prejudice. (Dillon, M)
September 9, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 9/8/15 recommending that 125 MOTION be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
September 9, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/8/15 ORDERING that Respondent's motion (Doc. 121) to vacate the August 28, 2009, stay ofproceedings is granted; The stay issued on August 28, 2009, is lifted; and Petitioner's unopposed motion (Doc. 128) to appoint Michael R.Snedeker, Esq., as second counsel is granted.(Dillon, M)
March 30, 2016
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ORDER ADOPTING 138 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 3/29/2016. Petitioner's 125 Motion for Order staying case and holding Further Proceedings in abeyance pending resolution of third state court exhaustion petitioner is DENIED. (Marciel, M)