Mendoza, et al v. Terhune, et al
Petitioner: Pedro Mendoza
Respondent: Cal A Terhune and Attorney General for the State of California
Case Number: 2:1998cv01857
Filed: September 23, 1998
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kings
Presiding Judge: Gregory G. Hollows
Presiding Judge: Morrison C. England
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
February 2, 2016 Opinion or Order Filing 71 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/1/2016 DENYING petitioner's 58 request for an evidentiary hearing. IT IS RECOMMENDED that petitioner's application for writ of habeas corpus be denied; and the District Court decline to issue a certificate of appealability. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
November 9, 2015 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/06/15 ordering there will be no further adjudication of the Weinheimer disciplinary matter in this case. (Plummer, M)
August 13, 2015 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/12/15 ORDERING that the Federal Defenders July 10, 2015 request for an extension of time is granted; and the Federal Defender shall submit a report in compliance with this courts May 29, 2015 order, by September 30, 2015.(Dillon, M)
August 7, 2015 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/6/2015 GRANTING 60 Motion to Set Briefing Schedule for Traverse/Reply; ORDERING the petitioner to file a traverse by 9/26/2015. (Michel, G.)
July 13, 2015 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/10/15 denying 54 Motion to transfer, construed as a motion to appoint new counsel. Clerk of the Court shall additionally serve this order on petitioner at Mule Creek State Prison. (Dillon, M)
June 18, 2015 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Gregory G. Hollows on 06/18/15 ordering Assistant Federal Defender Carolyn M. Wiggin is permitted to withdraw from this matter and attorney Mark D. Eibert is appointed to represent petitioner Pedro Mendoza. (Plummer, M)
June 12, 2015 Opinion or Order Filing 51 ORDER ADOPTING 46 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 6/8/2015. Respondent's 40 Motion to Dismiss the Petition for failure to prosecute is DENIED. Petitioner has forfeited right to seek further stays regarding his competency claim. Respondent directed to file an Answer to 26 Amended Petition within 60 days. (Marciel, M)
May 29, 2015 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/28/15 ORDERING that The Clerk is directed to copy and send ECF Nos. 27, 29, 32, 34, 35, 40, 45, 46, 47, 48 in the above captioned case as well as this order to the Federal Defender, Eastern Di strict of California for CJA Panel investigation/adjudication of the Weinheimer misconduct matter. The Federal Defender, or appropriate designee, shall inform the undersigned and the Chief Judge of this District, within 45 days, of the outcome of t he CJA Panel investigation in the Weinheimer matter. This order resolves the order to show cause, ECF No. 47 . The Clerk shall serve this order on all counsel who have appeared at any time in this matter and, as noted above, the Federal Defender. The Clerk shall also serve the Chief Judge of this District, the Honorable Morrison C. England. The Clerk shall change respondent in this case from Terhune to Jeffrey Beard.(Dillon, M)
April 14, 2015 Opinion or Order Filing 47 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 04/13/15 ordering within 14 days of this order, Ms. Gail R. Weinheimer shall show casue in writing why she should not be disbarred from practice in the United States District Court for the Eastern District of California for abandonment of a client. The clerk of the court shall serve this order on Ms. Weinheimer at PO Box 1078, Woodacre, CA 94973 and at weinheimer@earthlink.net. (Copy of this order served on the address listed above and at weinheimer@earthlink.net) (Plummer, M)
December 2, 2014 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/02/14 granting 43 Motion for extension of time. Petitioner shall file a response to respondent's motion to dismiss on or before 1/05/15. (Plummer, M)
November 21, 2014 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/14 ORDERING that Respondents motion to lift the stay is granted, and this case is reopened; and Petitioner shall file a response to respondent motion to dismiss within 14 days of this order.(Dillon, M)
October 22, 2014 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/21/14 ordering the order to show cause filed 10/09/14 is discharged. Petitioner's motion to appoint new counsel 34 is granted. and the Federal Defender is ordered to either accept appoi ntment as counsel for petitioner or designate for appointment new counsel to represent petitioner. Respondent is directed to file a response to petitioner's filing in response to the order to show cause within 14 days of this order. The clerk of the court shall serve this order on Carolyn Wiggin, Assistant Federal Defender. The clerk of the court shall also serve petitioner at his most recent address, at Mule Creek State Prison. (Plummer, M)
October 9, 2014 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/9/2014 ORDERING petitioner's counsel to SHOW CAUSE, within 7 days, why the stay in this matter should not be lifted, and the petition dismissed; the Clerk shall serve petitioner's counsel both at her email address of record and at a secondary address in accordance with this order; and the Clerk shall also serve petitioner at his most recent address, at MCSP. (Yin, K)
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Petitioner: Pedro Mendoza
Represented By: Gail R Weinheimer
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Respondent: Cal A Terhune
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Respondent: Attorney General for the State of California
Represented By: Joan W Cavanagh
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