Lenart v. Ornoski
| 2:2005cv01912 |
| September 21, 2005 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Frank C. Damrell |
| Kimberly J. Mueller |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
228
ORDER signed by Senior District Judge Morrison C. England, Jr on 03/14/2024 ADOPTING 227 Findings and Recommendations, GRANTING 225 Motion to Dismiss and DECLING to issue the Certificate of Appealability. CASE CLOSED. (Nair, C)
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Filing
227
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 02/28/2024 RECOMMENDING that Petitioner's 225 Motion to Dismiss the Amended Habeas Corpus Application be granted and that the Clerk be directed to close this case. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Spichka, K.)
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Filing
219
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/6/2021 ORDERING proceedings in this habeas litigation are temporarily STAYED, with stays to be come permanent and litigation concluded upon Petitioner's death and ORDERING Petitioner's counsel to file status reports advising the Court and opposing counsel of any changes in Petitioner's health status every 90 days following the issuance of this order. (Henshaw, R)
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Filing
204
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/13/2019 GRANTING Petitioner's (ECF No. 203 ) Motion for Extension of Time. Petitioner's Opening brief will be due 7/2/2020. (Streeter, J)
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Filing
201
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/28/2018 ORDERING Petitioner's opening brief due on or before 1/2/2020; Respondent's brief in opposition due 7/2/2021; and Petitioner may file a reply brief on or before 9/30/2021. Upon resolution of the § 2254(d) and Teague issues, Magistrate Judge Carolyn K. Delaney will conduct a further scheduling conference concerning procedural default issues. (Henshaw, R)
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Filing
194
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/06/18 ORDERING ( Status Conference set for 5/16/2018 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Counsel are ordered to meet and confer concerning these issues. The parties are ordered to submit a joint statement the court 7 days prior to the hearing concerning their views on the issues mentioned herein even if counsel may not be able to agree. (See order for further details) (Plummer, M)
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Filing
189
ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/21/16 ordering respondent's July 11, 2016 request is granted. The clerk of the court is directed to file under seal the following items: (See order for further details on list of items to be sealed.)(Plummer, M)
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Filing
188
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/18/16 GRANTING 185 Motion for Extension of Time to File Answer. Respondent shall have an additional 30 days, to and including August 7, 2016, to file a response to Petitioners Second Amended Petition for Writ of Habeas Corpus in this matter.(Dillon, M)
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Filing
163
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/11/2015 ORDERING, within 90 days, petitioner shall file a second amended petition. Within 180 days, respondent shall file a Notice of Lodging and lodge with the court the state court record in accordance with this order. Within 60 days of the filing of the second amended petition, respondent shall file an answer. (Yin, K)
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Filing
161
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/30/15 ordering the stay of these proceedings 56 is lifted. ( Status Conference set for 12/9/2015 at 10:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.)As he requested, Mr. Van Winkle may participate by telephone. (Plummer, M)
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Filing
142
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/3/2014 GRANTING Petitioner's unopposed Request to Seal. The Clerk is DIRECTED to file on the public docket petitioner's request for leave to submit motion and documents ex parte and u nder seal and the proposed order. The clerk is DIRECTED to file under seal petitioner's ex parte application for ruling on discovery of specific documents. Petitioner shall disclose to respondent all documents in exhibit B-1 to his application. Petitioner need not disclose the document in exhibit C. (Donati, J)
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Filing
141
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/13/14 ordering that the protective order proposed by petitioner in his 12/06/13 filing 139 is adopted. (Plummer, M)
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Filing
138
ORDER signed by Chief Judge Morrison C. England, Jr on 11/19/2013 ORDERING 129 Motion for Reconsideration is DENIED. (Waggoner, D)
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Filing
127
ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/15/13 GRANTING in part and DENYING in part 121 Motion for Discovery. Petitioner shall file a proposed protective order within 21 days. Respondent shall file a response within 10 days thereafter. Petitioner's reply due within 5 days thereafter. (Manzer, C)
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Filing
123
ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/08/13 ordering by the stipulation of the parties and for good cause shown, contingent upon this court's granting of an evidentiary hearing on claim 1 and/or claim 22 and/or claim 38 and/ or claim 40 and/or claim 41 of the amended petition for writ of habeas corpus, petitioner's motion to stipulate to the declarations of Ms. Flora Mortell, Ms. Claudean Watkins and Mr. E.C. Eddings 105 , attachments 14, 15, 7, and 8) in lieu of live testimony is granted and the declarations may be admitted as evidence not subject to objection on hearsay or foundational grounds as if the witness had testified at the evidentiary hearing. (Plummer, M)
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Filing
120
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/7/2013 ORDERING that the stay of these proceedings issued in November 2008 is LIFTED for the limited purpose of the perpetuation of testimony permitted in accordance with this order; petitioner 's 105 motion to stipulate to declarations and/or to perpetuate testimony is GRANTED with respect to witnesses Dr. Globus, Dr. Wilson, Jack Suter, Flora Mortell, Claudean Crews Watkins, and E.C. Eddings; the testimony of these witnesses may be taken by stipulated declaration, if the respondent so agrees, or by deposition. (Yin, K)
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Filing
117
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/29/13 ORDERING that Petitioners request to lift the stay of these proceedings for the purpose of considering the motion to perpetuate testimony is granted. Petitioners motion to strike [11 3] respondents late brief is DENIED. Respondents request for permission 112 to file his late opposition brief is GRANTED. Argument on petitioners motion to stipulate to declarations and/or perpetuate testimony 105 is CONTINUED to June 5, 2013 at 10:00 a.m..(Dillon, M)
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Filing
111
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/22/2013 GRANTING petitioner's counsel Wesley Van Winkle's 109 request to participate by telephone in the 5/29/13 hearing. (Yin, K)
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Filing
107
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/03/13 granting 106 Motion to Seal. The following document shall be lodged and maintained under seal until further order of this court: Petitioner's attachment 11 to Notice of Motion and Motion to Stipulate to declaration and/or motion to perpetuate testimony, Declaration of Lissa J. Gardner. (Plummer, M)
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Filing
104
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/12 ORDERING that the November 4, 2008 stay in this case is lifted temporarily to permit consideration of petitioners motion. Petitioners motion to amend 96 is granted. Petitioners req uest to be relieved of the obligation to file an amended petition immediately is also granted. Petitioners request to amend the November 4, 2008 stay of these proceedings to include the California Supreme Courts decisions on both pending state habeas proceedings is granted. Paragraph 2 of the November 4, 2008 Order 56 is amended.(Dillon, M)
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Filing
103
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/30/2012: After reviewing the parties memoranda of points and authorities, the court finds oral argument unnecessary on petitioners motion to lift the stay and amend the petition 96 . The hearing scheduled for December 5, 2012 at 10:00 a.m. is vacated. (Owen, K)
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Filing
90
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/6/2012 ORDERING 88 Motion to perpetuate testimony is GRANTED; the 56 stay of these proceedings is LIFTED for the limited purpose of this motion to perpetuate testimony and the discovery permitted, as outlined in this Order.(Waggoner, D)
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Filing
87
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/6/2012 GRANTING petitioner's 3/1/2012 request to seal documents. (Yin, K)
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