Arias v. Calderon, et al
Case Number: 2:1999cv00627
Filed: March 29, 1999
Court: US District Court for the Eastern District of California
Office: Death Penalty - Habeas Corpus Office
Presiding Judge: Dale A. Drozd
Presiding Judge: William B. Shubb
Nature of Suit: Other
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Ptn for Writ of H/C - Stay of Execution
RSS Follow case documents by RSS

Available Case Documents

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

Date Filed Document Text
October 26, 2020 Opinion or Order Filing 377 ORDER signed by Senior Judge William B. Shubb on 10/26/2020 GRANTING 376 Motion to Dismiss. Based upon the death of Mr. Arias, IT IS HEREBY ORDERED that the petition in this action is DISMISSED as moot. CASE CLOSED. (Zignago, K.)
December 26, 2019 Opinion or Order Filing 367 ORDER signed by Magistrate Judge Deborah Barnes on 12/26/2019 GRANTING 366 Motion for Extension of Time. The time in which to file petitioner's brief regarding application of 28 U.S.C. § 2254(d) to all claims is extended through 2/24/2020. (Henshaw, R)
October 12, 2018 Opinion or Order Filing 350 ORDER signed by Magistrate Judge Deborah Barnes on 10/11/2018 GRANTING 348 Motion for Extension of Time. The time in which to file petitioner's brief regarding application of 28 U.S.C. § 2254(d) to all claims is extended through and including 12/27/2018. (Henshaw, R)
July 31, 2018 Opinion or Order Filing 347 ORDER signed by Magistrate Judge Deborah Barnes on 7/31/2018 GRANTING 346 Motion for Extension of Time. The time in which to file petitioner's brief regarding application of 28 U.S.C. § 2254(d) to all claims is extended through and including 10/1/2018. (Henshaw, R)
May 30, 2018 Opinion or Order Filing 345 ORDER signed by Magistrate Judge Deborah Barnes on 5/30/2018 GRANTING 344 Motion for Extension of Time. The time in which to file petitioner's brief regarding application of 28 U.S.C. § 2254(d) is extended through and including 7/31/2018. (Henshaw, R)
March 23, 2018 Opinion or Order Filing 343 ORDER signed by Magistrate Judge Deborah Barnes on 3/22/2018 GRANTING 342 Motion for Extension of Time. The time in which to file petitioners brief regarding application of 28 U.S.C. § 2254(d) to all claims is extended through and including 5/29/2018.(Henshaw, R)
June 16, 2017 Opinion or Order Filing 330 ORDER signed by Magistrate Judge Deborah Barnes on 6/15/2017 GRANTING 329 Motion for Extension of Time. Petitioner's brief regarding the application of 28 U.S.C. § 2254(d) to all claims due extended through and including 9/11/2017. (Henshaw, R)
April 20, 2015 Opinion or Order Filing 293 ORDER signed by Magistrate Judge Dale A. Drozd on 4/17/2015 and stipulated between the parties to CONTINUE the due date for petitioner's opening brief re application 28 U.S.C. § 2254(d) to all claims in the petition; the due date is DEFERRED through and including 5/31/2016.(Yin, K)
March 17, 2015 Opinion or Order Filing 289 ORDER signed by Magistrate Judge Dale A. Drozd on 3/16/15 ORDERING that petitioners March 13, 2015 motion (ECF No. 286 ) is GRANTED. The due date for submission of petitioner's brief regarding application of 28 U.S.C. 2254(d) to all claims is deferred through and including April 15, 2015.(Dillon, M)
January 14, 2015 Opinion or Order Filing 282 ORDER signed by Magistrate Judge Dale A. Drozd on 1/13/15 ORDERING that the due date for submission of petitioner's brief regarding application of 28 U.S.C. ' 2254(d) to all claims is deferred through and including February 13, 2015.(Dillon, M)
December 16, 2014 Opinion or Order Filing 280 ORDER signed by Magistrate Judge Dale A. Drozd on 12/15/14 granting 279 Motion for Extension of time. The due date for submission of petitioner's brief regarding application of 28 U.S.C. ' 2254(d) to all claims is deferred through and including January 14, 2015.(Dillon, M)
September 16, 2014 Opinion or Order Filing 274 ORDER signed by Magistrate Judge Dale A. Drozd on 9/15/14 ORDERING that the due date for submission of petitioner's brief regarding application of 28 U.S.C. ' 2254(d) to all claims is deferred through and including October 15, 2014.(Dillon, M)
March 27, 2014 Opinion or Order Filing 270 ORDER signed by Magistrate Judge Dale A. Drozd on 03/26/14 ordering within 10 days of the filed date of this order, petitioner shall propose a due date for fling his section 2254(d) brief. In keeping with past practice the court expects petitioner's counsel to seek a stipulation from respondent's counsel with respect to the proposed extension of time. (Plummer, M)
March 19, 2014 Opinion or Order Filing 268 ORDER signed by Magistrate Judge Dale A. Drozd on 3/18/2014 GRANTING petitioner's 267 request and the Selection Board shall recommend second counsel to represent petitioner; and within 5 days, respondent shall file an opposition to petitioner's 267 motion for an extension of time to file opening brief. (Yin, K)
February 5, 2014 Opinion or Order Filing 266 ORDER signed by Magistrate Judge Dale A. Drozd on 02/04/14 ordering that Peter Giannini be relieved as petitioner's counsel and that Tim Brosnan be affirmed as leas counsel. (Plummer, M)
October 16, 2013 Opinion or Order Filing 264 ORDER signed by Magistrate Judge Dale A. Drozd on 10/15/13 ORDERING that 263 Motion to Continue is GRANTED; petitioner is granted a six month extension of time for filing his brief regarding 28 U.S.C. §2254(d), through April 15, 2014. Respondents opposition will be due on or before January 15, 2015, and petitioners reply on or before May 15, 2015.(Dillon, M)
January 17, 2013 Opinion or Order Filing 255 ORDER signed by Magistrate Judge Dale A. Drozd on 1/16/13 ordering that the request to seal documents and confidential declaration of petitioner's counsel, totaling 5 pages in length, submitted ex parte by petitioner on 1/15/13 with this propos ed order, in support of petitioner's request to modify briefing schedule, shall be filed under seal by the Clerk and remain sealed except as to petitioner's counsel, Peter Giannini and Tim Brosnan, pending further order of the court. (Plummer, M)
August 9, 2012 Opinion or Order Filing 250 ORDER signed by Magistrate Judge Dale A. Drozd on 08/08/12 ordering petitioner's opening points and authorities regarding the application of 28 USC 2254 (d) to each claim in the second amended petition shall be filed by 01/18/13. Respondents opposition shall be filed by 09/19/13 and petitioner's reply is due 01/19/14.(Plummer, M)
June 19, 2012 Opinion or Order Filing 248 ORDER signed by Magistrate Judge Dale A. Drozd on 06/18/12 ordering respondent has waived the exhaustion defense with respect to claim 29. In the joint statement, petitioner requests an extension of the 08/10/12 deadline for the filing of his points and authorities regarding the application of 28 USC 2254(d) to each claim in the Second Amended Petition. Respondent has no objection to the requested extension of time. Petitioner has provided good cause for an extension of time, but has not suggested a proposed new due date for his brief. As soon as possible but in any event prior to 08/10/12, petitioner shall propose a new filing date for his section 2254 (d) brief. The 06/18/12 status conference is vacated. (Plummer, M)
April 27, 2012 Opinion or Order Filing 246 ORDER signed by Magistrate Judge Dale A. Drozd on 4/26/2012 ORDERING that the 5/3/2012 Status Conference is CONTINUED to 6/21/2012 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd; on or before 6/14/2012, the parties shall file a joint statement.(Yin, K)
March 9, 2012 Opinion or Order Filing 242 ORDER signed by Magistrate Judge Dale A. Drozd on 3/8/12 241 Motion to modify the briefing schedule. The status conference currently scheduled for March 16, 2012, at 10:00 a.m., is continued to Thursday, May 3, 2012, at 10:00 a.m. On or before Thur sday, April 26, 2012, the parties shall file a joint statement describing which, if any, claims Respondent contends are unexhausted and Petitioners position with respect to each of those claims. If the parties are not in agreement regarding exhaustion, they shall also propose a plan for resolving the exhaustion issues.(Dillon, M)
December 12, 2011 Opinion or Order Filing 232 ORDER signed by Magistrate Judge Dale A. Drozd on 12/9/2011 ORDERING that petitioner's memorandum of points and authorities re the second amended petition is due by 8/10/2012, respondent's opposition is due by 4/12/2013, petitioner's r eply is due by 8/12/2013; a Status Conference is set for 3/16/2012 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd, prior to the conference, the parties shall meet and confer re exhaustion, a joint statement is due on 3/8/2012; and the 12/13/11 scheduling conference is taken off calendar. (Yin, K)
November 14, 2011 Opinion or Order Filing 230 ORDER signed by Magistrate Judge Dale A. Drozd on 11/10/11 ORDERING that before 12/8/11, the parties shall meet and confer regarding: (a) anyexhaustion defenses and, if necessary, dates for resolving any exhaustion issues; and (b) dates for the filin g of memoranda of points and authorities regarding 28 U.S.C. § 2254(d) described above. By the close of business on December 8, the parties shall submit a joint statement proposing a schedule and/or describing their disagreements regarding futur e scheduling in this action. On 12/13/11 at 1:30 p.m. in courtroom #27, the undersigned will hold a scheduling conference. The parties may appear by telephone. If they wish to do so, they shall contact Courtroom Deputy Pete Buzo at least 48 hours prior to the conference at (916) 930- 4128. (Dillon, M)
September 23, 2011 Opinion or Order Filing 219 ORDER signed by Magistrate Judge Dale A. Drozd on 9/22/11 ORDERING that by 9/26/11, petitioner will file the reply or traverse or other appropriate pleading, which will also address the impact of Cullen v. Pinholster, 563 U.S., 131 S.Ct. 1388, 179 L. Ed.2d 557 (2011) on these proceedings. Within 30 days after petitioners filing, respondent will submit a responsive pleading addressing the impact of Pinholster here and petitioner may submit any reply within 7 days thereafter. The status conference set for 11/10/11, at 10:00 a.m. remains as scheduled.(Dillon, M)
September 20, 2011 Opinion or Order Filing 217 ORDER signed by Magistrate Judge Dale A. Drozd on 9/20/11 ORDERING that by 9/22/11, petitioner shall file the reply or traverse or other appropriate pleading which will also address the impact of Cullen v. Pinholster here. Within another 30 days, respondent shall submit a responsive pleading addressing the impact of Pinholster here and petitioner may submit any reply within ten days thereafter. The status conference set for 11/10/11, at 10:00 a.m. remains as scheduled. (Kastilahn, A)
September 16, 2011 Opinion or Order Filing 215 ORDER signed by Magistrate Judge Dale A. Drozd on 09/15/11 ordering by 09/19/11, petitioner shall file the reply or traverse or other appropriate pleading, which will also address the impact of Cullen v. Pinholster her. Within another 30 days, respondent will submit a responsive pleading addressing the impace of Pinholster here and petitioner may submit any reply within 14 days thereafter. The status conference set for 11/10/11 at 10:00 a.m. remains as scheduled. (Plummer, M)
September 13, 2011 Opinion or Order Filing 213 ORDER signed by Magistrate Judge Dale A. Drozd on 9/12/11 GRANTING 212 Request filed by Pedro Arias; By September 15, 2011, petitioner will file the reply or traverse or other appropriate pleading. (Matson, R)
August 22, 2011 Opinion or Order Filing 211 ORDER signed by Magistrate Judge Dale A. Drozd on 8/19/11 GRANTING 210 Motion to modify the briefing schedule. By 9/12/11, petitioner will file the reply or traverse or other appropriate pleading. Within another 30 days, respondent will submit a responsive pleading addressing the impact of Pinholster here and petitioner may submit any reply within 14 days thereafter. The status conference set for 11/10/11, at 10:00 a.m. remains as scheduled. (Dillon, M)
June 7, 2011 Opinion or Order Filing 208 ORDER signed by Magistrate Judge Dale A. Drozd on 6/6/2011 ORDERING that by 8/29/11, ptnr to file a reply addressing the impact of Cullen v. Pinholster on these proceedings; w/in another 30 days, respondent to submit a responsive pleading addressing the impact of Cullen v. Pinholster on these proceedings and ptnr may submit any reply w/in 14 days thereafter; the 7/1/2011 Status Conference is CONTINUED to 10/28/2011 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd; the dates set in the 4/18/11 order are VACATED. (Yin, K)
April 21, 2011 Opinion or Order Filing 205 ORDER signed by Magistrate Judge Dale A. Drozd on 4/20/11 ORDERING that by 6/21/11, petitioner will file the reply or traverse or other appropriate pleading. Status Conference is CONTINUED to 7/1/2011 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.(Dillon, M)
April 18, 2011 Opinion or Order Filing 204 ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/11 ORDERING that within 20 days of the filed date of this order, petitioner shall file a brief onthe impact of Cullen v. Pinholster, No. 09-1088, 2011 WL 1225705 (U.S. Apr. 4, 2011) on these proceedings. Within 20 days after petitioner files his brief, respondent shall file a responsive brief. Within 10 days thereafter, petitioner may file a reply.(Dillon, M)
February 23, 2011 Opinion or Order Filing 202 STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 02/23/11 ORDERING that the Status Conference is CONTINUED to 04/22/11 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. If U.S. Supreme Court case "Walker" is decided before 04/22/11, petitioner will file a reply or traverse w/i 60 days after the status conference. If "Walker" is decided after the status conference, but before the end of the 2010-2011 term, the traverse will be filed w/i 60 days after the decision is issued. If "Walker" is not decided by 06/30/11, petitioner will file the reply or traverse no later than 08/29/11. (Benson, A.)
October 29, 2010 Opinion or Order Filing 198 ORDER signed by Magistrate Judge Dale A. Drozd on 10/29/10 ORDERING that the status conference currently set for October 29, 2010, is continued until 12/10/10, at 10:00 a.m. The time for petitioner to file a reply or traverse or other appropriate pleading is extended until 12/31/10. (Dillon, M)
September 16, 2010 Opinion or Order Filing 194 ORDER signed by Magistrate Judge Dale A. Drozd on 9/16/10 ORDERING that the Status Conference is continued to 10/29/2010 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Time for petitioner to file a reply or traverse or other appropriate pleading is extended until 11/19/10. (Owen, K)
July 15, 2010 Opinion or Order Filing 190 ORDER signed by Magistrate Judge Dale A. Drozd on 7/15/10 ORDERING the status conference currently set for 7/16/10, is continued until Friday, 9/17/10, at 10:00 a.m. The time for petitioner to file a reply or traverse or other appropriate pleading is extended until Friday, 10/8/10. (Becknal, R)
January 7, 2010 Opinion or Order Filing 182 STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 1/7/10 Granting 179 Stipulation. Status Conference CONTINUED for 7/16/2010 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Petitioner's reply or traverse or other appropriate pleading is extended until August 6, 2010. (Buzo, P)
October 29, 2009 Opinion or Order Filing 177 STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 10/29/09 175 ORDERING that the Status Conference, currently set for October 30, 2009 is CONTINUED to 1/8/2009 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Duong, D)
August 13, 2009 Opinion or Order Filing 173 ORDER signed by Magistrate Judge Dale A. Drozd on 8/13/09: Status Conference continued to 10/23/2009 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.(Kaminski, H)
February 11, 2009 Opinion or Order Filing 166 ORDER signed by Magistrate Judge Dale A. Drozd on 2/11/09 ORDERING the Status Conference RESET for 5/15/2009 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Donati, J)
January 16, 2009 Opinion or Order Filing 160 ORDER signed by Magistrate Judge Dale A. Drozd on 1/16/2009 GRANTING 159 Request; The time for filing Petitioner's Second Amended Petition is extended through and including 1/20/2009. (Matson, R)
January 5, 2009 Opinion or Order Filing 158 ORDER signed by Magistrate Judge Dale A. Drozd on 01/05/09 ordering petitioner's request 156 is granted. The time for filing petitioner's 2nd amended petition is extended through and including 01/16/09. (Plummer, M)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Arias v. Calderon, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?