Stanley v. Calderon
| Robert Ayers |
| Jerry F. Stanley |
| Arthur Calderon, Steven Ornoski, Eddie Ylst and Ausus |
| 2:1995cv01500 |
| August 17, 1995 |
| 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
1030
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/01/16 ordering that within 30 days of the date petitioner's automatic appeal is final, petitioner shall file a status report which shall include a description of any further state court proceedings and argument in support of any request for maintenance of the stay and abeyance of these federal proceedings. (Plummer, M)
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Filing
1028
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/10/16 ORDERING that within 20 days of the filed date of this order, respondent shall file a response to petitioners April 25 status report. In particular, respondent shall address petitioners argument that this federal proceeding remain stayed. (Dillon, M)
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Filing
1022
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/11/16. Attorney Jack Leavitt has submitted a copy of a legal document entitled Proof of Service on Retaining of Attorney for all Purposes. Mr. Leavitt has been informed by this court numerou s times that he may not file any documents herein without express permission to do so. (See, e.g., Feb. 5, 2015 Order (ECF No. 995 ); Dec. 19, 2014 Order (ECF No. 972 ).) Because this court has not given Mr. Leavitt permission to file the document he submitted, the Clerk of the Court is directed not to add the document to the docket of this proceeding and to return it to Mr. Leavitt.(Dillon, M)
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Filing
1012
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/21/2015 ORDERING petitioner to initiate state exhaustion proceedings by 6/9/2015. This case will remain stayed and in abeyance during the pendency of those state proceedings. Within 10 days after the final state court resolution of the exhaustion proceedings, petitioner shall notify this court that the state proceedings have concluded.(Yin, K)
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Filing
1007
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/24/2015 ORDERING counsel for both parties to meet and confer, and within 10 days file a joint statement explaining the status of the stay and abeyance of these proceedings pending exhaustion and identifying a deadline for petitioner's initiation of the state exhaustion proceedings.(Yin, K)
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Filing
1005
ORDER signed by Judge John A. Mendez on 3/18/2015 FINDINGS AND RECOMMENDATIONS 965 are ADOPTED in FULL; and Respondent's 942 Motion to Dismiss is DENIED. (Reader, L)
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Filing
1003
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/20/15 ordering by 03/05/15, Mr. Leavitt shall pay sanctions in the amount of $9120.00 to the clerk of the court. By 2/27/15, petitioner's counsel shall retrieve the four boxes of do cuments delivered to the court last week from Mr. Leavitt. Petitioner's counsel shall file a notice of the date they received the boxes. As specified previously, within 2 weeks of receipt of the documents, petitioner shall return them to Mr. Leavitt. The clerk of the court is directed to serve a copy of this document on attorney Jack Leavitt. (Copy of this order served by mail on Jack Leavitt, 1019 Merced St., Berkeley, CA 94707)(Plummer, M)
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Filing
995
ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/04/15 granting 975 Motion to Compel. Mr. Leavitt may file a motion for reconsideration of this order. Any motion for reconsideration shall be filed by 02/13/15. Mr. Leavitt may seek an e xtension of time of this deadline with a showing of good cause. Petitioner's counsel shall arrange for a commercial delivery service to respond to Mr. Leavitt's home on 02/06/15, to pick up all documents responsive to the subpoena. The de livery service shall deliver the documents to the Office of the Clerk of this court as soon as practicable after receiving them. The documents received by the court will neither be filed nor lodged. The documents will be held by the Clerk of Court and secured in a restricted room. The person delivering the documents should specifically note that the documents are neither lodged nor filed, refer to this order in the cover letter, and provide a copy of this order in the box or boxes delivered. If Mr. Leavitt fails to file a timely motion for reconsideration of the court's order granting the motion to compel, petitioner's counsel may obtain the box(es) of documents from the court. Within 2 weeks of receipt of the documents, peti tioner's counsel shall return them to Mr. Leavitt. Mr. Leavitt is ordered to pay sanctions in the amount of $9,120.00 pursuant to the 12/19/14 order. Mr. Leavitt may file a motion for reconsideration of this sanctions amount. Any motion for reconsideration must be filed by 2/18/15. If Mr. Leavitt fails to make a timely motion for reconsideration, he shall pay $9,120.00 to the Clerk of the Court no later than 2/20/15. Mr. Leavitt may seek extensions of time of these deadlines for good cause. To the extent petitioner's counsel requests further sanctions levied against Mr. Leavitt, those requests are denied. However, Mr. Leavitt was warned during the hearing, and is warned again here, that his failure to comply with any aspect of this order will subjection him to sanctions. And, to reiterate what this court has previously made clear, Mr. Leavitt may not file any documents in this court unless specifically permitted to do so. (Copy of this order served by mail on Jack Leavitt, 1019 Merced Street, Berkeley, CA, 94707.) (Plummer, M)
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Filing
993
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/29/15 ORDERING that on February 4, 2015, at 10:00 a.m., the court will hear petitioners motion to compel. The court expects petitioners counsel and Mr. Leavitt to appear. At that time, the court will also hear any argument on the amount of sanctions to be levied against Mr. Leavitt pursuant to the December 19, 2014 order. Clerk of the Court is directed to serve a copy of this order by U.S. mail on attorney Jack Leavitt.(Dillon, M)
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Filing
990
ORDER signed by Judge John A. Mendez on 1/23/15 ORDERING that the Court DENIES Mr. Leavitts Request for Reconsideration. (Dillon, M)
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Filing
972
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/19/14 ORDERING that Mr. Leavitts December 5, 2014 Request for Reconsideration 968 is DENIED; Petitioners counsels October 24, 2014 Motion for Sanctions 947 is GRANTED. Within 15 days of the filed date of this order, petitioners counsel shall file and serve upon Mr. Leavitt a statement setting forth the fees and costs incurred as a result of Mr. Leavitts inappropriate filings dated August 21 and September 12, and three attempted filings served on petitioners counsel in November. Within 15 days of service of petitioners counsels statement, Mr. Leavitt may file a response. That response may be filed in paper. Mr. Leavitt is warned that any other filing by him will be considered a violation of court orders and sanctionable.(Dillon, M)
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Filing
965
ORDER ; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/3/14 ORDERING that petitioners Motion for Order Authorizing Subpoena Duces Tecum 945 is GRANTED. It is RECOMMENDED that respondents Motion to Dismiss (ECF No. 942) be DENIED. Referred to Judge John A. Mendez; Objections to F&R due within 30 days.(Dillon, M)
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Filing
962
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/26/14 ORDERING that the Clerk of the Court is directed to file Jack Leavitts November 10, 2014 Request for Hearing and Oral Argument and his November 8, 2014 Opposition to Sanctions Motio n. Within one week of the filed date of this order, petitioner may file a reply brief. On December 10, 2014 at 10:00 a.m., the undersigned will hold a hearing on petitioners October 24, 2014 Motion for Sanctions in courtroom # 24. The Clerk shall serve a copy of this order and file-stamped copies of the Request for Hearing and Oral Argument and the Opposition to Sanctions Motion by U.S. mail on Mr. Leavitt. (Dillon, M)
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Filing
955
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/10/14 GRANTING 953 Motion to File Documents in Paper and DENYING 954 Motion to Recuse. (Manzer, C)
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Filing
952
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/4/2014 ORDERING that within 5 days, petitioner shall file a statement explaining which portions of the state court record he lacks; within 20 days thereafter, respondent shall file a notice that he has lodged those portions of the record with the court or explain why he was unable to do so.(Yin, K)
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Filing
950
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/29/14 as to 942 MOTION to DISMISS ( Motion Hearing continued to 12/3/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Oppositions to each motion shall be filed by 11/11/14. Any reply briefs shall be filed by 11/18/14. (Plummer, M)
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Filing
940
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/2/14 ORDERING that the Clerk of the Court is directed to file all pro se submissions made by petitioner Stanley. The docket shall reflect those submissions as Letter from petitioner. Att orney Jack Leavitt is warned that any further filings he makes with this court may subject him, again, to sanctions. The Clerk of the Court is directed to remove Mr. Leavitts August 28, 2014 Request for Relief to Protect Confidentiality (ECF No. 933 ) from the docket. The Clerk of the Court is directed to serve a copy of this order upon Mr. Leavitt.(Dillon, M)
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Filing
939
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/1/14 ORDERING that Respondent shall file any motion to dismiss by October 17, 2014. Petitioner shall file any motions involving prior counsels files and the record by October 24, 2014. The stay of these proceedings is lifted for purposes of considering the above-referenced motions. Petitioner shall initiate the state- court exhaustion proceedings within sixty days of the disposition of the above- referenced motions.(Dillon, M)
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Filing
936
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/10/14 ORDERING that within twenty days of the filed date of this order, the parties shall jointly propose deadlines for the filing of: any motion(s) for discovery with this court, any other anticipated motions or requests, and the exhaustion petition with the California Supreme Court.(Dillon, M)
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Filing
932
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/14/14 ordering by 08/28/14, the parties shall meet and confer and file a joint status report. (Plummer, M)
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Filing
903
ORDER ADOPTING 897 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 4/10/2013. This action is STAYED and held IN ABEYANCE pending exhaustion of issues pertinent to competency proceedings on remand. (Marciel, M)
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Filing
897
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/14/13 RECOMMENDING that this action be stayed and held in abeyance pending the exhaustion of issues pertinent to the competency proceedings on remand. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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