Espinoza v. Ornoski
Petitioner: Antonio Espinoza
Respondent: S. W. Ornoski
Case Number: 2:1994cv01665
Filed: October 13, 1994
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Marin
Presiding Judge: Dale A. Drozd
Presiding Judge: Lawrence K. Karlton
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
March 26, 2024 Opinion or Order Filing 331 ORDER signed by Magistrate Judge Deborah Barnes on 3/25/2024 APPOINTING Dr. Hira Hanif as a neutral expert to assist the court under Federal Rule of Evidence 706. The parties shall each bear half the cost of Dr. Hanif's fees. Along with this or der, the Clerk shall send electronic copies of the following documents to Dr. Hanif: a. The 2017 reports of Drs. Barry Morenz and Antolin M. Llorente (ECF No. 280 -6), b. The CDCR mental health records attached as an exhibit to the 2018 amen dment to the petition (ECF No. 280 -2 at pp. 198-276), c. The records of petitioner's January 2021 Keyhea proceedings (ECF No. 304 -1), d. The records of petitioner's January 2023 Keyhea proceedings (ECF No. 316 -1). Within 20 d ays, the custodian of records, or other appropriate official, at CMF shall forward to the court and to Dr. Hanif copies of petitioner's mental health records from January 2022 to the present, in accordance with this order. The Clerk shall serve a copy of this order on the litigation coordinator at CMF. The litigation coordinator shall provide a copy of this order to the custodian of records, or other appropriate official, within 5 days of service. (Yin, K)
December 5, 2023 Opinion or Order Filing 329 ORDER signed by Magistrate Judge Deborah Barnes on 12/04/2023 DIRECTING the parties to file, within 30 days, a joint statement in which they either propose a neutral mental health expert to evaluate petitioner's competence for purposes of his counsel's motion or describe their differences in failing to agree on such an expert. (Spichka, K.)
October 24, 2023 Opinion or Order Filing 327 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Deborah Barnes on 10/23/2023 DIRECTING the Warden of California Medical Facility to produce Antonio Espinoza, #D-39100, on 12/4/2023 at 10:00 am before Magistrate Judge Deborah Barnes. (Spichka, K.)
October 19, 2023 Opinion or Order Filing 325 ORDER signed by Magistrate Judge Deborah Barnes on 10/18/2023 regarding petitioner's counsel's 320 motion to determine incompetency and appoint a guardian ad litem. With respect to Ms. Gardner's arguments regarding the merits of her motion, they are unnecessary and premature. The court will issue an order formally setting the hearing shortly. (Yin, K)
September 21, 2023 Opinion or Order Filing 320 ORDER signed by Magistrate Judge Deborah Barnes on 9/20/2023 ORDERING that this court intends to hold an in-person hearing at petitioner's place of incarceration to provide petitioner with notice of 309 Petition to Determine Incompetency an d for Appointment of Guardian Ad Litem. At the notice hearing, this court intends to question petitioner directly about his understanding of counsel's motion. Within 30 days of the date of this order, petitioner's counsel may file a list of any questions they feel the court should ask. If respondent wishes to opine on the questions or suggest others, they may file a response to petitioner's counsel's filing within 10 days thereafter. Court staff will contact petitioner's counsel, respondent's counsel, and the prison to schedule the hearing. (Huang, H)
July 27, 2023 Opinion or Order Filing 315 ORDER signed by Magistrate Judge Deborah Barnes on 07/26/2023 SETTING a hearing on the 309 Motion to Determine Incompetency and Appoint a Guardian Ad Litem for 8/25/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Pet itioner's counsel shall file any additional evidence relevant to their motion by 8/15/2023. Respondent may file a response to petitioner's counsel's submission by 8/22/2023. The 8/15/2023 deadline for submission of a joint statement is LIFTED. This court will set a new deadline after resolution of petitioner's pending motion. (Spichka, K.)
June 26, 2023 Opinion or Order Filing 313 ORDER signed by Magistrate Judge Deborah Barnes on 06/23/2023 GRANTING the 310 Motion for Extension of Time. Joint Status Report due by 8/15/2023. (Spichka, K.)
March 16, 2023 Opinion or Order Filing 305 ORDER signed by Magistrate Judge Deborah Barnes on 3/14/2023 GRANTING 302 Motion for Extension of Time and GRANTING 301 Request to Seal. Parties shall file the Joint Statement as described in the 300 Order on or before 4/17/2023. (Donati, J)
March 15, 2023 Opinion or Order Filing 303 ORDER signed by Magistrate Judge Deborah Barnes on 03/14/2023 GRANTING 301 Request to Seal. (Rodriguez, E)
January 24, 2023 Opinion or Order Filing 300 ORDER signed by Magistrate Judge Deborah Barnes on 1/24/2023 ORDERING, within 30 days, counsel for the parties shall meet, confer, and file a joint proposal for a schedule going forward. (Yin, K)
January 13, 2023 Opinion or Order Filing 298 ORDER signed by Chief District Judge Kimberly J. Mueller on 01/12/23 ADOPTING 297 Findings and Recommendations in full and LIFTING the Stay of these proceedings. (Licea Chavez, V)
October 31, 2022 Opinion or Order Filing 297 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/31/2022 RECOMMENDING that that the stay of these proceedings be lifted. Referred to Chief District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
August 24, 2022 Opinion or Order Filing 293 ORDER signed by Magistrate Judge Deborah Barnes on 8/23/2022 ORDERING that within 20 days of the filed date of this order, petitioner's counsel shall notify the court whether the resolution of his state court claim constitutes a final decision of the state court on his exhaustion petition and the stay of these proceedings should be lifted. (Huang, H)
June 21, 2018 Opinion or Order Filing 288 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/20/2018 RECOMMENDING petitioner's 280 motion to amend be granted; petitioner's 282 motion to stay this case and hold it in abeyance pending CA Supreme Cou rt's consideration of petitioner's pending state habeas petition in case no. S247296 be granted; petitioner be ordered to notify the court within 20 days of a final decision by the CA Supreme Court on his state petition; and the Clerk be directed to administratively close this case. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
December 20, 2016 Opinion or Order Filing 271 ORDER signed by Magistrate Judge Deborah Barnes on 12/19/16 ordering that within thirty days of the filed date of this order, petitioner shall file any reply to respondents December 12, 2016 statement. If respondent wishes to respond, he may file a sur-reply within twenty days after service of petitioners reply. (Plummer, M)
April 29, 2016 Opinion or Order Filing 266 ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/16 ORDERING that by October 28, 2016, petitioner shall file a statement describing the status of these proceedings and proposing a plan for going forward. In particular, petitioner shall address: (a) whether he seeks to file additional or substitute briefs on the 2006 motion for an evidentiary hearing and/or the 2011 Pinholster briefing; and (b) whether existing briefing adequately addresses issues arising under 28 U.S.C. § 2254(d). To the extent petitioner proposes new briefing, he shall explain specifically what he wishes to do and why those actions are justified. Within 45 days of the filed date of petitioners statement, respondent shall file a responsive statement. After receiving respondents statement, the court will determine whether to hold a status conference.(Dillon, M)
February 24, 2016 Opinion or Order Filing 261 ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/16 ORDERING that both Ms. Asaro and Ms. Weinheimer have demonstrated good cause to withdraw from their representation of petitioner. Accordingly, their motions to withdraw (ECF Nos. [258 ] and 259 ) are GRANTED. The Office of the Federal Defender, Capital Habeas Unit, is appointed as substitute counsel for petitioner pursuant to 18 U.S.C. § 3599. See Local Rule 191(c). On Thursday, April 28, 2016, at 10:00 a.m., the unders igned will hold a status conference. The court expects petitioners newly appointed counsel to be prepared to discuss the status of these proceedings. The Clerk of the Court is directed to file under seal the Selection Boards September 14, 2015 letter to the undersigned. The Clerk of the Court shall serve a copy of this order on Kurt Heiser, CJA Administrator, Office of the Federal Defender. (cc Kurt Heiser) (Dillon, M)
February 5, 2016 Opinion or Order Filing 260 ORDER signed by Magistrate Judge Kendall J. Newman on 02/05/16 ordering this case is referred to the Selection Board for a recommendation of substitute counsel. The clerk of the court shall serve a copy of this order upon Jennifer Mann, Assistant F ederal Defender, Office of the Federal Defender, Capital Habeas Unit. (cc: Federal Defender, Federal Defender Habeas appointment)(Copy of this order served on Jennifer Mann, Assistant Federal Defender, Capital Habeas Unit by mail) (Plummer, M) Modified on 2/5/2016 (Plummer, M).
April 18, 2011 Opinion or Order Filing 238 ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/11 ORDERING that within twenty days of the filed date of this order, petitioner shall file a brief onthe impact of Cullen v. Pinholster, on these proceedings and, in particular, on petitioners motion for evidentiary hearing. Within twenty days after petitioner files his brief, respondent shall file a responsive brief. Within ten days thereafter, petitioner may file a reply.(Dillon, M)
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Petitioner: Antonio Espinoza
Represented By: Andrea G. Asaro
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Respondent: S. W. Ornoski
Represented By: Sean M McCoy
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