Cox v. Yates
Petitioner: Joseph Knight Cox
Respondent: James A. Yates
Case Number: 2:2008cv02107
Filed: September 8, 2008
Court: US District Court for the Eastern District of California
Office: Habeas Corpus (General) Office
County: Fresno
Presiding Judge: Kimberly J. Mueller
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 27, 2012 Opinion or Order Filing 24 ORDER signed by Judge Lawrence K. Karlton on 6/26/2012 DECLINING TO ADOPT the 23 Findings and Recommendations; DENYING Petitioner's 28 U.S.C. § 2254 claim that his sentence violates the Due Process Clause of the Fourteenth Amendment in that his sentence is longer than authorized by state statue; DECLINING to issue the Certificate of Appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Michel, G)
December 23, 2011 Opinion or Order Filing 23 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/23/11 RECOMMENDING that petitioner's claim that his sentence violated the Due Process Clause, in that his sentence is longer than authorized by state statute, be denied and that this case be closed. Referred to Judge Lawrence K. Karlton. Objections due within 21 days after being served with these findings and recommendations. (Donati, J)
August 6, 2010 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/5/2010 ORDERING that pntr has 30 days to file a response to respondent's 5/28/10 objections; respondent may file a reply w/in 14 days of the response. (Yin, K)
July 28, 2010 Opinion or Order Filing 19 ORDER signed by Senior Judge Lawrence K. Karlton on 7/28/10 ORDERING that the 17 Findings and Recommendations are ADOPTED as to all sections but for C.1 and the grant of petitioner's application to vacate his sentences on counts 8, 14, and 15. The magistrate judge shall allow petitioner an opportunity to respond to the arguments raised in respondent's objections. The magistrate judge shall issue new F&Rs as to section C.1 in light of the new arguments raised by respondent. (Owen, K)
May 12, 2010 Opinion or Order Filing 17 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 5/12/10 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted in part and denied in part; the matter be remanded to the Superior Court of Yolo County for resentencing consistent with the findings and recommendations. Referred to Judge Lawrence K. Karlton. Objections due within 21 days of being served. (Owen, K)
February 3, 2009 Opinion or Order Filing 5 ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/3/09 ORDERING that petitioner's 2 application to proceed ifp is GRANTED; respondent to file a response to 1 Petition for Writ of Habeas Corpus w/in 60 days; reply due w/in 30 days of answer; if response is a motion, opposition or statement of non-opposition due w/in 30 days of motion, reply due w/in 15 days thereafter; and clerk to serve a copy of this order along w/ Petition for Writ of Habeas Corpus and a copy of the form re consent or reassignment on Michael Patrick Farrell. (cc: Michael Farrell)(Yin, K)
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Petitioner: Joseph Knight Cox
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Respondent: James A. Yates
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