Beames v. Cullen
Petitioner: John Michael Beames
Respondent: Vincent A. W. Cullen
Case Number: 1:2010cv01429
Filed: August 9, 2010
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Tulare
Presiding Judge: Anthony W. Ishii
Nature of Suit: Death Penalty
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
September 28, 2020 Opinion or Order Filing 238 ORDER ADOPTING 237 Findings and Recommendations, VACATING 226 Findings and Recommendations and DISMISSING Action as Having been Rendered MOOT signed by District Judge Dale A. Drozd on 9/26/2020. CASE CLOSED.(Sant Agata, S)
September 9, 2020 Opinion or Order Filing 237 FINDINGS and RECOMMENDATIONS recommending that the Findings and Recommendations filed October 2, 2017 226 be Vacated, and this action be dismissed as having been rendered moot by Petitioner's death re 236 Motion to Vacate ; referred to Judge Drozd,signed by Magistrate Judge Stanley A. Boone on 9/8/2020. Objections to F&R due 14-Day Deadline (Martin-Gill, S)
October 2, 2017 Opinion or Order Filing 226 FINDINGS and RECOMMENDATIONS DENYING 18 Claim 11 Following Limited Evidentiary Hearing. Objections Due Within 60 days. Signed by Magistrate Judge Stanley A. Boone on 10/2/2017. (Hernandez, M)
November 18, 2016 Opinion or Order Filing 224 ORDER upon Stipulation to unseal briefs and clerk's confidential Penal Code Section 987.9 Transcript on Appeal re 223 signed by Magistrate Judge Stanley A. Boone on 11/18/2016. (Lundstrom, T)
September 12, 2016 Opinion or Order Filing 221 ORDER GRANTING Petitioner's Request to File Document Under Seal 219 , signed by Magistrate Judge Stanley A. Boone on 9/12/16. (Hellings, J)
July 18, 2016 Opinion or Order Filing 216 ORDER GRANTING-IN PART RESPONDENT'S UNOPPOSED Motion for Second Extension of Time to File Post-Hearing Brief on Claim 11, signed by Magistrate Judge Stanley A. Boone on 7/18/2016. (Kusamura, W)
July 14, 2016 Opinion or Order Filing 213 ORDER GRANTING Respondent's 211 Request to File Documents Under Seal, signed by Magistrate Judge Stanley A. Boone on 07/14/16. (Martin-Gill, S)
May 25, 2016 Opinion or Order Filing 210 ORDER GRANTING Respondent's Unopposed Motion for First Extension of Time, signed by Magistrate Judge Stanley A. Boone on 5/24/2016. (Respondent's Post-Hearing Brief due not later than 7/5/2016, Petitioner's Brief in Reply due not later than 9/3/2016.) (Valdez, E)
March 2, 2016 Opinion or Order Filing 204 ORDER Directing Payment of Fact Witness Fees and Travel Expenses by United States Marshal, signed by Magistrate Judge Stanley A. Boone on 03/1/2016. (Martin-Gill, S)
February 4, 2016 Opinion or Order Filing 198 SCHEDULING ORDER AFTER EVIDENTIARY HEARING. Signed by Magistrate Judge Stanley A. Boone on 2/3/2016. (Hernandez, M)
February 1, 2016 Opinion or Order Filing 194 ORDER Referring Evidentiary Hearing to Magistrate Judge, signed by District Judge Dale A. Drozd on 1/29/2016. (Evidentiary Hearing set for February 1, 2016 at 8:30 a.m. in Department 9 is referred to U.S. Magistrate Judge Stanley A. Boone, to conduct that hearing and to file findings and recommendations for the undersigneds consideration with respect to the disposition of the issues which are the subject of that hearing.)(Gaumnitz, R)
January 15, 2016 Opinion or Order Filing 185 ORDER GRANTING Petitioner's Unopposed 182 Request for Permission to File Motion in Limine, signed by Magistrate Judge Stanley A. Boone on 1/15/16. (Marrujo, C)
December 11, 2015 Opinion or Order Filing 168 ORDER GRANTING Respondent's 159 Notice of Request to Seal Document(s), signed by Magistrate Judge Stanley A. Boone on 12/10/2015. (Martin-Gill, S)
December 8, 2015 Opinion or Order Filing 166 ORDER DENYING 136 Petitioner's Motion to Exclude Angelita McMains as a Witness at Evidentiary Hearing, signed by Magistrate Judge Stanley A. Boone on 12/7/15. (Martin-Gill, S)
December 3, 2015 Opinion or Order Filing 163 ORDER GRANTING 151 Petitioner's Motion for Videotaped Deposition of Maureen Griffin in Lieu of Testimony, signed by Magistrate Judge Stanley A. Boone on 12/3/2015. (Kusamura, W)
November 10, 2015 Opinion or Order Filing 150 ORDER Correcting Erratum as to 149 , signed by Magistrate Judge Stanley A. Boone on 11/9/2015. (Martin-Gill, S)
November 3, 2015 Opinion or Order Filing 149 ORDER Following Hearing on Petitioner's 136 Motion to Exclude Angelita McMains as a Witness at Evidentiary Hearing, signed by Magistrate Judge Stanley A. Boone on 11/3/2015. (Martin-Gill, S)
October 29, 2015 Opinion or Order Filing 145 ORDER GRANTING Petitioner's Request for Sealing Order, signed by Magistrate Judge Stanley A. Boone on 10/28/2015. (Kusamura, W)
October 22, 2015 Opinion or Order Filing 143 ORDER signed by Magistrate Judge Stanley A. Boone on 10/21/2015. Telephonic Status Conference set for 10/23/2015 at 3:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Lundstrom, T)
September 3, 2015 Opinion or Order Filing 132 ORDER Granting 131 Stipulated Bittaker Protective Order, signed by Magistrate Judge Stanley A. Boone on 9/3/15. (Gonzalez, R)
August 31, 2015 Opinion or Order Filing 130 ORDER Upon Stipulation for Expert Discovery signed by Magistrate Judge Stanley A. Boone on 8/31/2015. (Jessen, A)
May 15, 2015 Opinion or Order Filing 126 ORDER Following Interim Case Management Conference signed by Magistrate Judge Stanley A. Boone on 5/14/2015. (Jessen, A)
May 8, 2015 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Stanley A. Boone on 5/8/2015 setting Interim Telephonic Case Management Conference for 5/14/2015 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Lundstrom, T)
May 7, 2015 Opinion or Order Filing 120 ORDER GRANTING Unopposed Request to Seal Documents and For Protective Order, signed by Magistrate Judge Stanley A. Boone on 5/7/2015. (Marrujo, C)
April 9, 2015 Opinion or Order Filing 116 SCHEDULING ORDER Following Status Conference signed by Magistrate Judge Stanley A. Boone on 4/8/2015. (Jessen, A)
January 28, 2015 Opinion or Order Filing 112 ORDER Vacating March 4, 2014 81 Order; Order Withdrawing Nunc Pro Tunc Unexhausted Claims 78 ; Order Denying as Moot Respondent's 100 Motion to Dismiss Federal Habeas Corpus Petition, signed by District Judge Anthony W. Ishii on 1/28/2015. (Gaumnitz, R)
January 15, 2015 Opinion or Order Filing 111 ORDER continuing Status Conference from 1/28/2015 to 4/1/2015 at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 1/15/2015. (Hernandez, M)
December 11, 2014 Opinion or Order Filing 109 ORDER VACATING Scheduled Dates ECF. Nos. 81 & 108 ; ORDER SETTING Status Conference for January 28, 2015 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone, signed by Magistrate Judge Stanley A. Boone on 12/11/14. (Hellings, J)
December 1, 2014 Opinion or Order Filing 107 ORDER referring Respondent's Motion to Dismiss Federal Habeas Corpus petition to District Judge. Order vacating hearing set for 12/3/2014 at 10:00 a.m. before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 12/1/2014. (Hernandez, M)
November 21, 2014 Opinion or Order Filing 103 ORDER GRANTING 101 Motion to File Late Opposition to Respondent's Motion to Dismiss; Clerk to File Opposition attached as Exhibit A to Motion, signed by Magistrate Judge Stanley A. Boone on 11/20/14. (Martin-Gill, S)
August 7, 2014 Opinion or Order Filing 96 ORDER GRANTING the Request to File Seven Pages of Case Budget Under Seal, signed by Magistrate Judge Stanley A. Boone on 8/6/14. (Martin-Gill, S)
May 30, 2014 Opinion or Order Filing 88 ORDER GRANTING Request to File UNDER SEAL Request to Amend Phase III Budget signed by Magistrate Judge Stanley A. Boone on 5/30/2014. (Sant Agata, S)
March 4, 2014 Opinion or Order Filing 81 ORDER Re Respondent's Objections to Proceeding with Litigation of Claim 11 and Setting Pre-Evidentiary Hearing Schedule, signed by District Judge Anthony W. Ishii on 3/3/14. Evidentiary Hearing set for 5/19/2015 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Gonzalez, R)
December 17, 2013 Opinion or Order Filing 76 STIPULATION and ORDER to Continue Submission of Joint Statement Regarding Further Proceedings, signed by District Judge Anthony W. Ishii on 12/16/13. (Gonzalez, R)
October 23, 2013 Opinion or Order Filing 70 ORDER Regarding Merits Of Claim 11 In Petitioner's Federal Prison, signed by District Judge Anthony W. Ishii on 10/22/2013. (Fahrney, E)
March 8, 2013 Opinion or Order Filing 68 ORDER Extending Schedule for Briefing Claim 11 Reply re 67 , signed by District Judge Anthony W. Ishii on 3/6/13. Deadline: March 27, 2013. (Gonzalez, R)
May 17, 2012 Opinion or Order Filing 56 ORDER Regarding Exhaustion Status of Petitioner's Federal Habeas Petition and Setting Merits Briefing for Claim 11, signed by Chief Judge Anthony W. Ishii on 5/17/12. (Verduzco, M)
December 21, 2011 Opinion or Order Filing 51 SCHEDULING ORDER Regarding Briefing on Exhaustion Status, signed by Chief Judge Anthony W. Ishii on 12/21/11: Respondent's brief on the exhaustion status of claims other than Claim 11 due on or before March 1, 2012; Petitioner's brief on the exhaustion status of claims other than Claim 11 due on or before April 1, 2012; Warden's closing brief due on or before May 1, 2012. (Hellings, J)
November 23, 2011 Opinion or Order Filing 48 ORDER regarding exhaustion status of Claim 11 in Federal Petition signed by Chief Judge Anthony W. Ishii on 11/23/2011. (Lundstrom, T)
October 13, 2011 Opinion or Order Filing 43 AMENDED SCHEDULING ORDER Regarding Briefing of Exhaustion Issues signed by Chief Judge Anthony W. Ishii on 10/11/2011. (Sant Agata, S)
August 2, 2011 Opinion or Order Filing 37 ORDER Regarding Briefing of Claim 11 in Federal Petition, signed by Chief Judge Anthony W. Ishii on 07/29/2011. (Martin-Gill, S)
October 14, 2010 Opinion or Order Filing 13 ORDER Following Phase I Case Management Conference, signed by Chief Judge Anthony W. Ishii on 10/12/2010. (Verduzco, M)
September 10, 2010 Opinion or Order Filing 5 ORDER APPOINTING COUNSEL and Notice of Initial Case Management Conference signed by Chief Judge Anthony W. Ishii on 9/9/2010. Initial Case Management Conference set telephonically for 10/12/2010 at 02:30 PM. Attorney Timothy Joseph Brosnan for John Michael Beames added. (Bradley, A)
August 12, 2010 Opinion or Order Filing 4 ORDER GRANTING 2 : Motion to Proceed IFP; GRANTING Application for Counsel and referred to Federal Defender and the Eastern District Selection Board for either notification that the Federal Defender is available for appointment or recommendation by the Selection Board of other counsel to represent Beames; TEMPORARILY GRANTING Stay of execution until ninty days after counsel is appointed, signed by Chief Judge Anthony W. Ishii on 8/10/2010. (Marrujo, C)
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Petitioner: John Michael Beames
Represented By: Joseph Schlesinger
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Respondent: Vincent A. W. Cullen
Represented By: Ward Allen Campbell
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