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99-493 - (HC)(DP) Majors v. Ayers, et al


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99-493 - (HC)(DP) Majors v. Ayers, et al
April 19, 2005
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Order of Discovery 71 signed by Judge Peter A. Nowinski on 04/18/05. (Warren, P)
November 21, 2005
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ORDER signed by Judge Peter A. Nowinski on 11/21/05 Regarding hearing on 11/16/05. The court requested USM to provide complete criminal history records of jurors Swafford and DiBenedetto. The records provided by USM are hereto attached.(Girgis, C)
November 23, 2005
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ORDER signed by Judge Peter A. Nowinski on 11/23/05 ORDERING petitioner's 10/14/05 motion for discovery 76 is GRANTED in part; see order for details. (Warren, P)
November 29, 2005
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STIPULATION and ORDER 85 signed by Judge Morrison C. England Jr. on 11/29/05 ORDERING that the Requests For Reconsideration By The District Judge Of A Ruling By The Magistrate Judge, to be filed on 11/29/05, shall be heard on 12/7/05 at 10:00 a.m. Statements of Opposition to the requests shall be filed on 12/2/05. Reply, if any, shall be filed on 12/5/05. (Krueger, M)
November 29, 2005
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ORDER signed by Judge Peter A. Nowinski on 11/28/05 ORDERING Ptnr's motion to compel access to materials withheld as listed in the 8/8/05 letter 76 is DENIED. Counsel for respondent shall contact the courtroom deputy to arrange for return of the materials submitted for in camera review. (Girgis, C)
November 29, 2005
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ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge Peter A. Nowinski on 11/28/05 commanding the Yolo County Sheriff to produce Bonnie Starr, aka Bonnie Hogue on 12/13/05 at 9:00 AM for hearing before Judge Peter A. Nowinski. The 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. (cc: USM, Yolo County Jail, Bonnie Starr)(Girgis, C)
December 9, 2005
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ORDER denying Motion for Reconsideration. Signed by Judge Morrison C. England, Jr. on 12-9-2005.(Deutsch, S)
February 8, 2006
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ORDER signed by Judge Peter A. Nowinski on 02/07/06: All pending discovery requests are DENIED; See order for further details. (Warren, P)
February 10, 2006
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ORDER of NOTICE OF ERRATA signed by Judge Peter A. Nowinski on 2/9/06 ORDERING It is hereby noted that the 2/8/06 Order 120 contains a typographical ERROR at page 4 line 5; it should read "July 2003".(Girgis, C)
March 30, 2006
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ORDER signed by Magistrate Judge Craig M. Kellison on 3/29/06. Petitioner shall file Status Report w/in 20 days after resolution of claims by State Court.(Marciel, M)
April 20, 2006
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ORDER signed by Judge Craig M. Kellison on 4/19/06 GRANTING ptnr's 126 Application for an order directing the USM to pay transcription fees. The USM is ORDERED to pay Petrilla Reporting and Transcription the sum of $833.40 for invoice number 2573. The Clerk shall serve a copy of this order on the USM. (USM Served).(Brown, T)
August 30, 2006
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ORDER signed by Judge Craig M. Kellison on 8/30/06 ORDERING that the hearing currently set in this matter for 8/31/006, before the undersigned in Redding, CA is VACATED. (Brown, T)
October 6, 2006
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ORDER signed by Judge Edmund F. Brennan on 10/06/06 ORDERING that the court's order filed 3/11/04 49 is hereby modified to vacate, nunc pro tunc, the language striking the unexhausted claims. The stay of this case order on 3/11/04 is hereby lifted 129 temporarily for the limited purpose of filing petitioner's amended petition. The clerk shall file the amended petition attached to petitioner's motion filed on 7/7/06. Immediately upon the filing of the amended petition, the stay shall resume and further proceedings shall be held in abeyance pending exhaustion of state remedies. (Duong, D)
March 26, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/26/2010 DENYING, without prejudice, petitioner's 144 Motion to Lift Stay and Excuse Further Exhaustion. (Marciel, M)
May 11, 2010
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AMENDED 156 ORDER signed by Magistrate Judge Kendall J. Newman on 5/11/2010 ORDERING that the 3/11/04 and 10/6/06 stays are LIFTED; w/in 14 days, the parties to file a joint statement; parties shall review the attached Guide; w/in 7 days of the joint statement, petitioner's CJA counsel to inform the court whether he wishes to submit a budget and to file under seal a completed copy of the case evaluation form, appendix B to the Guide; and the clerk to serve Kurt Heiser and Sandy Andrews. (cc: Kurt Heiser) (Sandy Andrews served by mail) (Attachments: # (1) Guide to Case Mgmt & Budgeting)(Yin, K) Modified on 5/11/2010 (Yin, K).
May 26, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/25/10 ORDERING that by 7/26/10, respondent shall lodge the state court record; Status Conference set for 7/8/2010 at 10:00 AM in Courtroom 25 before Magistrate Judge Kendall J. Newman.(Dillon, M)
July 12, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/9/2010 ORDERING that by 7/19/10, respondent to file a statement re Ms. Hogue's mental health records and Ms. Hogue's and Mr. Reese's law enforcement records, and explains whether respondent will assert procedural default bars to any claims for which petitioner seeks discovery, petitioner's may file a response by 8/5/10; by 7/19/10, petitioner to inform the court whether Ms. Hogue is entitled to notice and how the notice will be given, if the court finds good cause for the discovery of her mental health records; after reciept of the above, the court to issue an order on petitioner's 5/25/10 motion for discovery; by 7/26/2010, respondent to lodge the state court record, by 12/27/10, respondent to file an answer; in addition, respondent to file any motion to dimiss. (Yin, K)
August 2, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/10 ORDERING that the Clerk of the Court is directed to lodge under seal Volume 5a of the documents lodged by respondent on 7/28/10. (Dillon, M)
August 23, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/10 ORDERING that 159 Motion for Discovery is granted in part and denied in part. Petitioner may issue the subpoenas identified as items 1, 2, 4, 5, 6, 7, 8, 9, 10, and 13 in attachment 2 to petitioners May 25 Motion for Discovery. Petitioner may amend the subpoenas identified as items 3, 11, and 12 to address the overbreadth problems described above and file a renewed request to issue them. Petitioner may amend the subpoenas identified in item 15 to seek law enforcement records which refer to both Ms. Hogue and Mr. Reese and file a renewed request to issue them. Petitioners request to issue the subpoena identified in item 14 is denied without prejudice.(Dillon, M)
August 23, 2010
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PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/10. (Dillon, M)
August 25, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/10: Within ten days of the filed date of this order, respondent shall file a response stating whether he feels the revised subpoenas comply with the August 23 order. Within five days of the response, petitioner may file a reply. (Kaminski, H)
September 13, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/2010 ORDERING that ptnr's 185 renewed request to issue subpoenas is GRANTED. (Yin, K)
January 28, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 01/27/11 ORERING that a telephonic Status Conference re 197 Joint Request is SET for 02/10/11 at 10:00 AM before Magistrate Judge Kendall J. Newman. By 02/08/11, the parties shall provide the Judge's clerk with telephone numbers. (Benson, A.)
February 11, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/11 ORDERING that a Status Conference is set for 3/17/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; By 3/10/2011, the parties shall file a joint status conference statement. (Dillon, M)
April 1, 2011
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b) a final ruling on petitioner's anticipated motion to strike or for a more definite statement, and filing of such a statement or amended answer if one is ordered by this court. After final resolution of the motions to dismiss and to strike, pORDER signed by Magistrate Judge Kendall J. Newman on 04/01/11 ordering by 05/16/11 petitioner shall file any motion to strike the answer. Respondent shall file an opposition by June 15, and petitioner shall file any reply by June 30. On 08/18/11 at 10:00 a.m. in courtroom 25, the undersigned will hear argument on the motion to strike. By June 15, 2011, petitioner shall file an opposition to respondent's 01/25/11 motion to dismiss. By 09/13/11 respondent shall file any reply. Petitioner shall file any motion for leave to conduct discovery no later than 60 days after both of the following have occured: (a) a final ruling by the district court on findings and recommendations regarding respondent's pending motionto dismiss, and (etitioner will be given the opportunity to file a traverse, if necessary. (Plummer, M)
May 3, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/2011 ORDERING that a telephonic status conference is set for 5/6/2011 at 10:30 am; counsel shall contact the Courtroom Deputy to provide a telephone number. (Yin, K)
September 19, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/11 DENYING 214 Motion to Strike the Answer or to Strike the Teague allegations and for a More Definite Statement; On October 20, 2011, at 10:00 a.m., the undersigned will hold a status and scheduling conference; Prior to October 13, 2011, the parties shall meet and confer regarding a proposed schedule of events for addressing upcoming issues, including resolution of the section 2254(d) standards, respondents motion to dismiss, any motions for discovery, any motion for an evidentiary hearing, and the merits of petitioners claims. By the close of business on October 13, 2011, the parties shall file a joint statement describing any agreements regarding scheduling these proceedings.(Dillon, M)
October 19, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2011 ORDERING that w/in 180 days, ptnr shall file a memorandum of points and authorities; w/in 180 days of ptnr's memo, respondent shall file an opposition; w/in 90 days of respondent's opposition, ptnr may file a reply; extensions of these deadlines will be granted only upon a showing of extraordinary circumstances; after receipt of the briefs, the court will schedule argument, if necessary; because the parties have agreed to a schedule, the 10/20/11 scheduling conference is taken off calendar. (Yin, K)
October 9, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/9/2015 ORDERING, within 20 days, respondent shall lodge the following: Lodged Document (LD) 31, Ex. 107, page 1; LD 31, Ex. 124, page 8; LD 31, Ex. 131, page 1; LD 47, Exs. 135, 136, and 137; LD 53, Ex. 583, pages 1228-29; and RT 3366, 3483. In addition, within 20 days, the parties shall file a joint statement addressing the question of whether the docuements filed under seal, LD 5a, may be cited in a filing on the court's publicly available docket.(Yin, K)
November 10, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/2015 ORDERING that within 10 days, respondent shall file a response to petitioner's 250 motion for protective order. (Yin, K)
December 3, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/03/15 ordering this court issues the following protective order for all documents contained in LD 5a: All documents contained in the volume of the state court record lodged herein identified as Lodged Document 5a, which contains documents covered by California Penal Code section 987.9, shall be deemed confidential. (See order for further details) (Plummer, M)
May 27, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/26/2016 RECOMMEDING the court find petitioner has satisfied 28 U.S.C. ยง 2254 (d) for the following claims and subclaims: (a) The allegation in claim 23 that the prosecutor failed to reveal witness Bonnie Hogue's memory problems; (b) The allegation in claim 2 that petitioner's trial counsel failed to investigate and present evidence of Bonnie Hogue's relationship with Robert Reese; (c) The allegation in claim 2 that petitioner's trial counsel failed to question prosecution witness Kellie Harley regarding Robert Reese's unpredictable and violent nature; (d) The allegation in claim 2 that petitioner's trial counsel failed to correctly advise petitioner about potential sentences, causing petitioner to forego a lesser-included-offense instruction; (e) The allegation in claim 1 that Juror Mohr was biased; (f) Claim 10 that petitioner's trial counsel was ineffective for failing to investigate and present mitigating evidence; and (g) Claim 21 that petitioner has established prejudice from the cumulative effect of the errors set out above. The court find that consideration of claim 17 (ineffective assistance of state habeas counsel) should be deferred until the consideration of any procedural default issues. The court find petitioner has failed to satisfy section 2254(d) for the remaining claims and subclaims in the petition and deny habeas relief on those claims and subclaims. Referred to Judge Morrison C. England, Jr.; Objections due within 60 days. (Yin, K)
June 28, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/27/16 GRANTING 257 Motion for Extension of time. Petitioner shall file any objections by September 23, 2016.(Dillon, M)
January 24, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/24/17 GRANTING 269 Motion for Extension of time; Petitioner has until January 23, 2017, to file a response to Respondents objections to the Courts Findings and Recommendations issued May 27, 2016.(Dillon, M)
February 21, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 2/21/2017 DISMISSING CASE the Court having been sufficiently advised of Petitioner's death, hereby ORDERS that this case is DISMISSED; the Clerk of the Court is directed to close the case. CASE CLOSED (Reader, L)