Cornwell v. Ylst
| 2:2006cv00705 |
| March 31, 2006 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Gregory G. Hollows |
| David F. Levi |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
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The following documents for this case are available for you to view or download:
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Filing
142
ORDER signed by Magistrate Judge Kendall J. Newman on 03/01/22 GRANTING IN PART AND DENYING IN PART 136 Motion for Discovery as follows: Petitioner's motion for discovery of prosecution and law enforcement files is DENIED. Petitioner's m otion for discovery of prison records from the California Department of Corrections and Rehabilitation, and jail records from the Sacramento County Sheriff's Department, is GRANTED; petitioner's request for records from unspecified "ot her law enforcement authorities" is DENIED. Petitioner's motion for discovery of parole and probation files is GRANTED. Petitioner's motion for discovery "under Harris and Rule 6" is DENIED. Petitioner's motion for discovery in the interest of judicial economy is DENIED.. (Plummer, M)
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Filing
141
ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/22 GRANTING IN PART 134 Motion for Order to Produce Trial Counsel's File. Within thirty days of the date of this order, petitioner shall produce trial defense counsel's file or files, as limited in this order, to respondent. (Kaminski, H)
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Filing
133
ORDER signed by Magistrate Judge Kendall J. Newman on 03/25/21 ORDERING the procedural default challenges, limited as set forth above, shall be addressed in post-discovery or evidentiary hearing briefing when the parties brief the merits of the rema ining claims. Petitioner shall file his motion for discovery as to all sub-claims of Claim 3, and Claim 34 within 90 days from the date of this order. Respondents opposition shall be filed 60 days thereafter. Petitioners reply shall be filed thirty d ays after the opposition is filed. Respondent shall file a motion for order to obtain trial counsels defense file within 60 days from the date of this order. Petitioners opposition shall be filed thirty days thereafter; respondents reply, if any, shall be filed thirty days after the opposition is filed. 45 days following completion of the discovery process involving all sub-claims of Claims 3, and Claim 34, petitioner shall file a motion for evidentiary hearing.(Plummer, M)
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Filing
130
ORDER signed by Magistrate Judge Kendall J. Newman on 3/21/2019 ORDERING parties to file a joint status report, as detailed in this Order, on or before 9/1/2019. (Henshaw, R)
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Filing
129
ORDER signed by District Judge Troy L. Nunley on 3/18/2019 ADOPTING 119 Findings and Recommendations in full. The Court finds petitioner has satisfied 28 U.S.C. Section 2254(d) for Claim 3. The Court finds Claim 19 is premature and is dismissed w ithout prejudice to its renewal after an execution date is set. The Court finds the allegations in Claim 27 relating to Billy Mackey and Michael Johnson are not exhausted and are dismissed. The Court finds consideration of the allegation in Claim 3 4 that state habeas counsel was ineffective is deferred until the consideration of any procedural default issues. The Court finds petitioner has failed to satisfy section 2254(d) for the remaining claims and subclaims in the amended petition and habeas relief on those claims and subclaims is denied. This matter is referred back to the assigned magistrate judge for further proceedings. (Zignago, K.)
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Filing
124
ORDER signed by Magistrate Judge Kendall J. Newman on 5/7/2018 GRANTING 120 and 121 Requests for Extensions of Time. Both parties are granted an extension until 6/15/2018 to file objections to 119 Findings and Recommendations. (Henshaw, R)
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Filing
119
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/14/18 recommending that The court finds petitioner has satisfied 28 U.S.C. § 2254(d) for Claim 3. The court finds Claim 19 is premature and should be dismissed witho ut prejudice to its renewal after an execution date is set. The court finds the allegations in Claim 27 relating to Billy Mackey and Michael Johnson are not exhausted and should be dismissed. The court finds consideration of the allegation in Claim 3 4 that state habeas counsel was ineffective should be deferred until the consideration of any procedural default issues. The court finds petitioner has failed to satisfy section 2254(d) for the remaining claims and subclaims in the amended petition and recommends denial of habeas relief on those claims and subclaims. Referred to Judge Troy L. Nunley. Objections due within 60 days. (Plummer, M)
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Filing
118
ORDER signed by Magistrate Judge Kendall J. Newman on 4/27/2017 ORDERING the petitioner to cease all pro se filings pursuant to 116 Order; DIRECTING the Clerk of Court to serve the petitioner, Glenn Cornwell, Jr. D-08714, at San Quentin State Prison, San Quentin, CA 94974. (Michel, G.)
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Filing
90
ORDER signed by Magistrate Judge Kendall J. Newman on 2/1/12 ORDERING that Claims 2(g)-(n), 21(E), and any new factual allegations in subsection (J) of claim 21 are dismissed from petitioners First Amended Petition. Within sixty days of the filed da te of this order, petitioner shall file a memorandum of points and authorities addressing the satisfaction of 28 U.S.C. § 2254(d) for each claim in the First Amended Petition. Within ninety days of the filing of petitioners memorandum, respond ent shall file an Answer which shall conform to Habeas Rule 5 and shall include a memorandum of points and authorities in response to petitioners memorandum regarding section 2254 (d). Within thirty days of the filing of the Answer, petitioner shall file a traverse which shall also include a memorandum of points and authorities in response to respondents memorandum regarding section 2254(d).(Dillon, M)
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Filing
88
ORDER signed by Magistrate Judge Kendall J. Newman on 1/06/12 ordering within 10 days of the dfiled date of this order, petitioner shall inform the court whether he wishes to: 1) dismiss the first amended petition under Rose; 2) file a second amended petition without the unexhausted claims; or 3) file a motion for stay and abeyance under Rhines v. Weber. Within 5 days of petitioner's filing, respondent shall file a response. (Plummer, M)
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Filing
85
ORDER adopting 84 in full FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 12/15/11. Petitioner's amended federal petition filed on 2/8/11, is timely under 28 U.S.C. § 2254(d). Petitioner's claims 2(g)-(n) and 21(E) are not unexhausted. Petitioner's claim 21(C) is exhausted. The court will defer a ruling on the procedural default aspects of respondent's motion to dismiss until resolution of the 28 U.S.C. § 2254(d) issues. (Kastilahn, A)
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Filing
84
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/24/2011 RECOMMENDING that respondent's 68 motion to dismiss be granted in part, denied in part, and deferred in part. Referred to Judge John A. Mendez; Objections due w/in 14 days. (Yin, K)
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Filing
80
ORDER signed by Magistrate Judge Kendall J. Newman on 10/3/2011. Respondent's 9/29/2011 79 Request for Deferred Ruling on Procedural Default is GRANTED. Hearing for Argument on Exhaustion and Statute of Limitations Issues is SET for 10/20/2011 at 10:00 AM in Courtroom 25 (KJN). Prior to 10/17/2011, parties shall meet and confer regarding Proposed Schedule of events to address upcoming issues. (Marciel, M)
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Filing
65
ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/11 ORDERING that by 5/17/11, respondent shall file a motion to dismiss which covers all defenses based on the doctrines of procedural default, exhaustion, and statute of limitations. Within 60 days of the filing of respondents motion, petitioner shall file an opposition. Within 30 days of the filing of the opposition, respondent shall file any reply. After receipt of all the briefs, the court will schedule argument on the motion.(Dillon, M)
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Filing
63
ORDER re the 3/3/2011 status conference signed by Magistrate Judge Kendall J. Newman on 2/10/2011 ORDERING that the parties shall be prepared to discuss whether respondent feels any claims are unexhausted or barred by the procedural default doctrine, and a date for filing an answer/motion to dismiss. (Yin, K)
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Filing
49
ORDER signed by Judge John A. Mendez on 6/17/2010 FINDINGS AND RECOMMENDATIONS 40 are ADOPTED in Full; Petitioner's 44 Motion for Stay of Execution is GRANTED and all court and other proceedings related to the execution of his sentence of death, including preparation for execution and the setting of an execution date, are STAYED pending final disposition of this matter. (Reader, L)
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Filing
45
ORDER signed by Judge John A. Mendez on 4/28/10 ORDERING the findings and recommendations filed 3/2/10 are adopted in full; and the stay of these proceedings ordered on 7/17/09 is lifted. (Becknal, R)
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Filing
44
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/27/10 recommending that 40 MOTION to STAY of Execution be granted. Objections to F&R due within twenty one days. (Kaminski, H)
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Filing
34
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/02/10 RECOMMENDING that the stay of these proceedings be lifted. Referred to Judge John A. Mendez. Objections due within 21 days. Also, ORDERING on 03/18/10 a t 10:00 a.m. in courtroom 25, this court will hold a case management conference. In addition to serving this order upon counsel, the clerk of the court is directed to serve it upon Kurt Heiser, CJA Administrator, Office of the Federal Defender and Sandy Andrews, Research and Policy Analyst, Office of the Circuit Executive. (cc: Kurt Heiser and Sandy Andrews)(Plummer, M)
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Filing
29
ORDER signed by Judge John A. Mendez on 7/16/09 ORDERING the Findings and Recommendations 22 are ADOPTED in their entirety; the stay of these federal proceedings is now formally ordered; petitioner's Motion for Stay and for Clarification 28 is DENIED AS MOOT. (Carlos, K)
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Filing
3
ORDER signed by Judge Gregory G. Hollows on 4/5/06 ORDERING that petitioner's request to proceed IFP is GRANTED. No order re: a stay of execution shall be issued unless and until an execution date is set by the state courts. Petitioner's appl for apptmnt of counsel is GRANTED. Pending approval by the Court of substitute counsel, the FD is appointed to represent petitioner.(Kastilahn, A)
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