Horning v. Cullen
| Danny Ray Horning |
| Vincent A. W. Cullen |
| 2:2010cv01932 |
| July 21, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| John A. Mendez |
| Death Penalty |
| 28 U.S.C. ยง 2254 |
| 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
79
ORDER signed by District Judge Dale A. Drozd on 2/27/2023 DENYING 71 Motion for Reconsideration. (Mena-Sanchez, L)
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Filing
70
ORDER signed by Magistrate Judge Deborah Barnes on 11/22/22 GRANTING IN PART AND DENYING IN PART 58 Petitioner's Motion to Temporarily Lift Stay and Abeyance to Preserve Testimony. Petitioner's request to preserve the testimony under F ederal Rule of Civil Procedure 27(a) is GRANTED. The stay and abeyance will be temporarily lifted for the limited purpose of taking depositions to preserve the testimony of the listed individuals. Petitioner may take deposition testimony from the wi tnesses listed in this order. At the conclusion of these activities, this case will remain stayed, and will continue to be held in abeyance until federal proceedings resume at the conclusion of the pending state proceedings in this matter. Petitioner's 58 request to submit declarations in lieu of live testimony is DENIED. Respondent's 62 request for discovery contained in respondent's opposition is DENIED. (Kastilahn, A)
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Filing
55
ORDER signed by Magistrate Judge Dennis M. Cota on 08/26/21 ORDERING petitioner shall file a report on the status of state court exhaustion proceedings within 30 days of the date of this order.(Plummer, M)
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Filing
50
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/5/2012 ORDERING the stay previously ordered in this cas is lifted temporarily only in respect to allow the filing of an amended claim; petitioner's 45 motion to strike respondent' ;s opposition to the motion to temporarily lift stay etc. is DENIED; petitioner's 43 request to amend the petition contained within the Motion to Temporarily Lift Stay is GRANTED; the 26 petition is AMENDED to contain Claim 10 G as set for th in the Motion to Temporarily Lift Stay etc., and is DEEMED SERVED upon respondent; in all respects, after the filing of this order, the 41 stay ordered by Judge Mendez REMAINS IN EFFECT; this order RESOLVES Docket #43 as well as Docket #45. (Yin, K)
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Filing
41
ORDER signed by Judge John A. Mendez on 1/18/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/18/11 40 are ADOPTED in full; Petitioner's Motion to Stay this Federal proceeding pending exhaustion of new claims in State Court 29 is GRANTED. (Mena-Sanchez, L)
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Filing
40
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/28/11 RECOMMENDING that 29 MOTION to STAY be granted. Referred to Judge John A. Mendez; Objections to F&R due within 20 days.(Dillon, M)
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Filing
34
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/18/11 GRANTING 33 Motion for a continuance of the hearing for motion to stay proceedings to 9/15/11. (Dillon, M)
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Filing
32
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/12/11 GRANTING 28 Lodgement of Sealed Claim and Exhibits in Support of Petitioner's State Habeas Corpus Petition filed by Danny Ray Horning. The court is ORDERING these lodgments sealed only because the federal case may be stayed for further proceedings in state court, and on the representation of counsel that some of the documents to be sealed are confidential by law. However, this order to seal will expire when any further referen ce to the materials is made in federal court after a decision to stay for state exhaustion, or not stay, has been made; after such time individual sealing determinations will have to be made. This order also has no effect on what may need to be the subject of a state court sealing order on exhaustion. (Meuleman, A)
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Filing
25
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/6/11 AUTHORIZING that in this case petitioner's federal counsel may engage in state exhaustion proceedings in the event this court agrees to stay the processing of the federal petition pen ding exhaustion proceedings. This permission applies to all claims presented on state exhaustion as it makes little sense logistically to sever the claim(s) on which the 60 day equitable tolling of the entire federal petitions timely filing date was based from all other to-be-exhausted claims. The above authorization is without prejudice to any argument respondent has, or desires to preserve, regarding statute of limitations issues.(Meuleman, A)
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Filing
24
ORDER signed by Magistrate Judge Gregory G. Hollows on 03/21/11 ordering petitioner's motion to equitably toll the AEDPA limitations period 13 is granted on the basis of the newly discovered letter. The undersigned finds that an extension of 60 days should be sufficient to performa a good faith investigation. However, not only must the petition be filed no later than 07/11/11, any motion/stipulation to stay the federal petition pending exhaustion must be filed by that time as well.(Plummer, M)
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Filing
21
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/9/11 GRANTING 18 Motion to File Declaration of Lissa Gardner under SEAL. (Donati, J)
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Filing
14
STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 2/23/11 ORDERING that Respondent shall serve and file any response to the motion no later than 5:00 p.m., Thursday, March 3, 2011. This Court will hear Petitioners motion on Thursday, March 17, 2011, at 10:00 a.m.(Dillon, M)
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Filing
3
ORDER signed by Magistrate Judge Gregory G. Hollows on 07/22/10 ordering the Federal Defender is appointed to represent petitioner. Petitioner is approved to proceed in forma pauperis in this case 2 . A status conference is set for 08/19/10 at 10:0 0 a.m. in the courtroom of the undersigned. Petitioner's application for stay of execution will be deferred until such time as any proceedings have been commenced in state court to set an execution date. This order shall be served upon the counsel appearing in the docket as of this date. (Plummer, M)
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| Petitioner: Danny Ray Horning | |
| Represented By: | Joseph Schlesinger |
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| Respondent: Vincent A. W. Cullen | |
| Represented By: | Ward Allen Campbell |
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