Majors v. Ayers, et al
Petitioner: James David Majors
Respondent: Robert Wong
Case Number: 2:1999cv00493
Filed: March 26, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Kendall J. Newman
Presiding Judge: Morrison C. England
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28:2254 Ptn for Writ of H/C - Stay of Execution

Available Case Documents

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Date Filed Document Text
February 21, 2017 Opinion or Order Filing 274 ORDER signed by District Judge Morrison C. England, Jr. on 2/21/2017 DISMISSING CASE the Court having been sufficiently advised of Petitioner's death, hereby ORDERS that this case is DISMISSED; the Clerk of the Court is directed to close the case. CASE CLOSED (Reader, L)
January 24, 2017 Opinion or Order Filing 272 ORDER signed by Magistrate Judge Kendall J. Newman on 1/24/17 GRANTING 269 Motion for Extension of time; Petitioner has until January 23, 2017, to file a response to Respondents objections to the Courts Findings and Recommendations issued May 27, 2016.(Dillon, M)
June 28, 2016 Opinion or Order Filing 258 ORDER signed by Magistrate Judge Kendall J. Newman on 6/27/16 GRANTING 257 Motion for Extension of time. Petitioner shall file any objections by September 23, 2016.(Dillon, M)
May 27, 2016 Opinion or Order Filing 255 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/26/2016 RECOMMEDING the court find petitioner has satisfied 28 U.S.C. § 2254 (d) for the following claims and subclaims: (a) The allegation in claim 23 that the pr osecutor failed to reveal witness Bonnie Hogue's memory problems; (b) The allegation in claim 2 that petitioner's trial counsel failed to investigate and present evidence of Bonnie Hogue's relationship with Robert Reese; (c) The all egation in claim 2 that petitioner's trial counsel failed to question prosecution witness Kellie Harley regarding Robert Reese's unpredictable and violent nature; (d) The allegation in claim 2 that petitioner's trial counsel failed to correctly advise petitioner about potential sentences, causing petitioner to forego a lesser-included-offense instruction; (e) The allegation in claim 1 that Juror Mohr was biased; (f) Claim 10 that petitioner's trial counsel was ineffectiv e for failing to investigate and present mitigating evidence; and (g) Claim 21 that petitioner has established prejudice from the cumulative effect of the errors set out above. The court find that consideration of claim 17 (ineffective assistance o f state habeas counsel) should be deferred until the consideration of any procedural default issues. The court find petitioner has failed to satisfy section 2254(d) for the remaining claims and subclaims in the petition and deny habeas relief on those claims and subclaims. Referred to Judge Morrison C. England, Jr.; Objections due within 60 days. (Yin, K)
December 3, 2015 Opinion or Order Filing 254 ORDER signed by Magistrate Judge Kendall J. Newman on 12/03/15 ordering this court issues the following protective order for all documents contained in LD 5a: All documents contained in the volume of the state court record lodged herein identified as Lodged Document 5a, which contains documents covered by California Penal Code section 987.9, shall be deemed confidential. (See order for further details) (Plummer, M)
November 10, 2015 Opinion or Order Filing 251 ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/2015 ORDERING that within 10 days, respondent shall file a response to petitioner's 250 motion for protective order. (Yin, K)
October 9, 2015 Opinion or Order Filing 247 ORDER signed by Magistrate Judge Kendall J. Newman on 10/9/2015 ORDERING, within 20 days, respondent shall lodge the following: Lodged Document (LD) 31, Ex. 107, page 1; LD 31, Ex. 124, page 8; LD 31, Ex. 131, page 1; LD 47, Exs. 135, 136, and 137; LD 53, Ex. 583, pages 1228-29; and RT 3366, 3483. In addition, within 20 days, the parties shall file a joint statement addressing the question of whether the docuements filed under seal, LD 5a, may be cited in a filing on the court's publicly available docket.(Yin, K)
October 19, 2011 Opinion or Order Filing 227 ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2011 ORDERING that w/in 180 days, ptnr shall file a memorandum of points and authorities; w/in 180 days of ptnr's memo, respondent shall file an opposition; w/in 90 days of respondent&# 039;s opposition, ptnr may file a reply; extensions of these deadlines will be granted only upon a showing of extraordinary circumstances; after receipt of the briefs, the court will schedule argument, if necessary; because the parties have agreed to a schedule, the 10/20/11 scheduling conference is taken off calendar. (Yin, K)
September 19, 2011 Opinion or Order Filing 225 ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/11 DENYING 214 Motion to Strike the Answer or to Strike the Teague allegations and for a More Definite Statement; On October 20, 2011, at 10:00 a.m., the undersigned will hold a status and scheduling conference; Prior to October 13, 2011, the parties shall meet and confer regarding a proposed schedule of events for addressing upcoming issues, including resolution of the section 2254(d) standards, respondents motion to dismiss, any moti ons for discovery, any motion for an evidentiary hearing, and the merits of petitioners claims. By the close of business on October 13, 2011, the parties shall file a joint statement describing any agreements regarding scheduling these proceedings.(Dillon, M)
May 3, 2011 Opinion or Order Filing 208 ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/2011 ORDERING that a telephonic status conference is set for 5/6/2011 at 10:30 am; counsel shall contact the Courtroom Deputy to provide a telephone number. (Yin, K)
April 1, 2011 Opinion or Order Filing 204 ORDER signed by Magistrate Judge Kendall J. Newman on 04/01/11 ordering by 05/16/11 petitioner shall file any motion to strike the answer. Respondent shall file an opposition by June 15, and petitioner shall file any reply by June 30. On 08/18/11 at 10:00 a.m. in courtroom 25, the undersigned will hear argument on the motion to strike. By June 15, 2011, petitioner shall file an opposition to respondent's 01/25/11 motion to dismiss. By 09/13/11 respondent shall file any reply. Petitioner shall file any motion for leave to conduct discovery no later than 60 days after both of the following have occured: (a) a final ruling by the district court on findings and recommendations regarding respondent's pending motionto dismiss, and ( b) a final ruling on petitioner's anticipated motion to strike or for a more definite statement, and filing of such a statement or amended answer if one is ordered by this court. After final resolution of the motions to dismiss and to strike, petitioner will be given the opportunity to file a traverse, if necessary. (Plummer, M)
February 11, 2011 Opinion or Order Filing 199 ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/11 ORDERING that a Status Conference is set for 3/17/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; By 3/10/2011, the parties shall file a joint status conference statement. (Dillon, M)
January 28, 2011 Opinion or Order Filing 198 ORDER signed by Magistrate Judge Kendall J. Newman on 01/27/11 ORERING that a telephonic Status Conference re 197 Joint Request is SET for 02/10/11 at 10:00 AM before Magistrate Judge Kendall J. Newman. By 02/08/11, the parties shall provide the Judge's clerk with telephone numbers. (Benson, A.)
September 13, 2010 Opinion or Order Filing 189 ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/2010 ORDERING that ptnr's 185 renewed request to issue subpoenas is GRANTED. (Yin, K)
August 25, 2010 Opinion or Order Filing 186 ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/10: Within ten days of the filed date of this order, respondent shall file a response stating whether he feels the revised subpoenas comply with the August 23 order. Within five days of the response, petitioner may file a reply. (Kaminski, H)
August 23, 2010 Opinion or Order Filing 184 PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/10. (Dillon, M)
August 2, 2010 Opinion or Order Filing 177 ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/10 ORDERING that the Clerk of the Court is directed to lodge under seal Volume 5a of the documents lodged by respondent on 7/28/10. (Dillon, M)
July 12, 2010 Opinion or Order Filing 170 ORDER signed by Magistrate Judge Kendall J. Newman on 7/9/2010 ORDERING that by 7/19/10, respondent to file a statement re Ms. Hogue's mental health records and Ms. Hogue's and Mr. Reese's law enforcement records, and explains whether respondent will assert procedural default bars to any claims for which petitioner seeks discovery, petitioner's may file a response by 8/5/10; by 7/19/10, petitioner to inform the court whether Ms. Hogue is entitled to notice and how the notice will be given, if the court finds good cause for the discovery of her mental health records; after reciept of the above, the court to issue an order on petitioner's 5/25/10 motion for discovery; by 7/26/2010, respondent to lodge the state court record, by 12/27/10, respondent to file an answer; in addition, respondent to file any motion to dimiss. (Yin, K)
May 26, 2010 Opinion or Order Filing 160 ORDER signed by Magistrate Judge Kendall J. Newman on 5/25/10 ORDERING that by 7/26/10, respondent shall lodge the state court record; Status Conference set for 7/8/2010 at 10:00 AM in Courtroom 25 before Magistrate Judge Kendall J. Newman.(Dillon, M)
March 26, 2010 Opinion or Order Filing 151 ORDER signed by Magistrate Judge Kendall J. Newman on 3/26/2010 DENYING, without prejudice, petitioner's 144 Motion to Lift Stay and Excuse Further Exhaustion. (Marciel, M)
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Petitioner: James David Majors
Represented By: Allison Claire
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Respondent: Robert Wong
Represented By: Daniel B. Bernstein
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