Alvarez v. Calderon, et al
Defendant: Warden E Ylst
Petitioner: Manuel Machado Alvarez
Respondent: Arthur Calderon, Dan Lungren and Robert L. Ayers
Case Number: 2:1997cv01895
Filed: October 8, 1997
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Los Angeles
Presiding Judge: Kendall J. Newman
Presiding Judge: Garland E. Burrell
Nature of Suit: Death Penalty
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 24, 2021 Opinion or Order Filing 378 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/23/21 ADOPTING 377 Findings and Recommendations and GRANTING 375 Motion to Vacate. 364 Findings and Recommendations are vacated. This action is dismissed as having been rendered moot by Petitioner's death. (Kaminski, H)
September 11, 2020 Opinion or Order Filing 377 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/10/2020 RECOMMENDING petitioner's 375 motion be granted; the 364 findings and recommendations dated 4/3/2019 be vacated; and the action be dismissed as having been rendered moot by petitioner's death. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
April 3, 2019 Opinion or Order Filing 364 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/2/2019 RECOMMENDING the second amended petition be DENIED as to Claims D, GG, FF, PP, UU, KK, XX, ZZ, II, JJ, G, RR, F, O, OO, SS, U, V, W, X, VV, YY, A, B, C, NN, E, LL, H, I, L, M, N, J, K, HH, P, Q, R, S, WW, T, Y, EE, QQ, TT, Z, AA, CC, DD, AAA and CCC and Petitioners concessions regarding Claims BB and MM, and withdrawal of Claim BBB, be accepted. Referred to Judge Kimberly J. Mueller. Objections due within 60 days after being served with these findings and recommendations. (Henshaw, R)
January 9, 2015 Opinion or Order Filing 360 ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/15 GRANTING 359 Motion for Extension of time. Petitioner is granted an extension of time of 60 days to file his reply to Respondents opposition to Petitioners second amended petition for writ of habeas corpus.(Dillon, M)
October 1, 2013 Opinion or Order Filing 350 ORDER signed by Magistrate Judge Kendall J. Newman on 10/1/13 ORDERING that Good cause appearing, and without opposition from petitioner, this Court hereby grants Respondent's request to file under seal Respondent's Partial Opposition to Petitioner's Second-Amended Petition for Writ of Habeas Corpus (ECF No. 348 ). (Becknal, R)
May 16, 2012 Opinion or Order Filing 329 ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/12 GRANTING 328 Motion to Modify the Schedule for Filing Briefs Regarding Petitioners Satisfaction. The time for petitioner to file a brief addressing whether each claim contained in his se cond amended petition satisfies 28 U.S.C. § 2254(d) is extended to July 22, 2012. By March 19, 2013, Respondent shall file a brief responding to petitioners brief. By June 17, 2013, petitioner shall file any reply to respondents brief. (Dillon, M)
February 8, 2012 Opinion or Order Filing 324 ORDER signed by Magistrate Judge Kendall J. Newman on 2/7/2012 ORDERING that petitioner's 2/3/12 request to seal documents is GRANTED; the clerk to lodge under seal the memorandum and exhibit which petitioner submitted on 1/18/2012; and the clerk is to also file under seal petitioner's 2/3/2012 request to seal documents and proposed order. (Yin, K)
February 1, 2012 Opinion or Order Filing 321 ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/12 ORDERING that pending resolution of petitioners request to lodge under seal, the Clerk of Court is directed to hold under seal petitioners CD, lodged January 18, 2012, which is marked for lodging under seal. (Dillon, M)
October 11, 2011 Opinion or Order Filing 319 ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/11 ORDERING that within 180 days of the filed date of this order, petitioner shall file a memorandum of points and authorities; Within 180 days of the filing date of petitioners memorandum, respondent shall file an opposition. Within 90 days of the filing date of respondents opposition, petitioner may file a reply.(Dillon, M)
August 9, 2011 Opinion or Order Filing 317 ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/11: Scheduling Conference RESET for 10/6/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kaminski, H)
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Petitioner: Manuel Machado Alvarez
Represented By: Jennifer Marie Corey Mann
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Respondent: Arthur Calderon
Represented By: Eric Lynn Christoffersen
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Respondent: Dan Lungren
Represented By: Ward Allen Campbell
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Respondent: Robert L. Ayers
Represented By: Laura Wetzel Simpton
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Defendant: Warden E Ylst
Represented By: Eric Lynn Christoffersen
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