Barnett v. Wong
| Lee Max Barnett |
| Robert Wong |
| 2:1999cv02416 |
| February 19, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Craig M. Kellison |
| John A. Mendez |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
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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
405
ORDER signed by District Judge Dale A. Drozd on 1/23/2023 ADOPTING 403 Findings and Recommendations in full, GRANTING 397 Motion to Stay, and STAYING this action. Petitioner is DIRECTED to file a status report within 90 days of the date of this order advising the court the status of the state court proceedings, and shall file an additional status report every 90 days thereafter. Within 30 days after the state court issues a final order resolving the unexhausted claims, petitioner shall file a motion to lift the stay and an amended habeas petition setting forth all exhausted claims. (Huang, H)
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Filing
403
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 08/03/22 RECOMMENDING that petitioner's motion to stay proceedings 397 be granted and that this action be stayed pending resolution of petitioner's fourth state petition. Motion 397 referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
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Filing
401
ORDER signed by Magistrate Judge Dennis M. Cota on 1/19/2022 VACATING the hearing set for 1/26/2022 and ORDERING the matter is submitted without oral argument.(Henshaw, R)
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Filing
395
ORDER signed by Magistrate Judge Dennis M. Cota on 08/27/21 ORDERING The parties shall file a joint report within 30 days of the date of this order on the status of any pending state court proceedings and, if none is pending, the status of the instant federal proceeding.(Plummer, M)
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Filing
392
ORDER signed by Magistrate Judge Dennis M. Cota on 12/17/2020 WITHDRAWING petitioner's 336 motion for leave to amend, without prejudice, to petitioner filing a comprehensive motion for leave to amend upon the conclusion of proceedings in state court. Given the fluid state of the pleadings, the Court declines to address the merits of Claim 33 at this time. (Yin, K)
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Filing
386
ORDER signed by Magistrate Judge Dennis M. Cota on 9/20/2019 ORDERING Clerk to update the docket to reflect current respondent as Ronald Davis and terminate Kevin Chappell and Vincent Cullen as respondents and ORDERING Petitioner may file a supplemental brief in support of 336 Motion for Leave to Amend within 45 days of the date of this Order. (Henshaw, R)
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Filing
371
ORDER signed by Magistrate Judge Craig M. Kellison on 09/26/12 ordering the clerk of the court is directed to update the docket to reflect the current respondent in this case. Respondent's motion for additional time 353 and relief from defau lt 356 are granted. Respondent's reply brief is deemed timely filed. Respondent's motion to file petitioner's pro se letter 363 is denied. Petitioner's motion to strike 364 is granted and the clerk of the court is directed to strike respondent's motion 363 and restrict the exhibit attached thereto from public access. (Plummer, M)
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Filing
348
ORDER signed by Magistrate Judge Craig M. Kellison on 9/1/2011 STRIKING petitioner's pro se 318 Motion to Amend Writ of Habeas Corpus Application. (Marciel, M)
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Filing
345
CORRECTED ORDER signed by Magistrate Judge Craig M. Kellison on 8/18/11: Respondent's request for an extension of time is granted. Respondent shall file a reply in support of procedural defenses1 on or before September 12, 2011. (Kaminski, H)
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Filing
343
ORDER signed by Magistrate Judge Craig M. Kellison on 8/17/11 GRANTING 337 Motion for Extension; The respondent is to file a reply to petitioner's motion to further amend the third amended petition in this case on or before 9/12/11. (Matson, R)
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Filing
324
ORDER signed by Magistrate Judge Craig M. Kellison on 3/28/11 ORDERING that Clerk of the Court shall update the docket to reflect the substitution of the Respondent; The case management conference set for 4/6/11, is rescheduled for 8/31/11, at 1:30 p .m., before the undersigned in Redding, California; The parties are to file a case management conference statement two weeks prior to the 8/13/11, conference date; and Petitioner is to file a proposed Phase III budget, under seal, by 8/13/11.(Dillon, M)
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Filing
300
ORDER signed by Judge John A. Mendez on 6/14/2010 DISMISSING unexhausted claims from petitioner's 183 Third Amended Application for Writ of Habeas Corpus: 1) portions of Claim 13 relating to Turowski and Hammons, 2) portion of Claim 54 regarding anonymous letter, 3) portion of Claim 104 based on newly discovery tape-recorded conversation between petitioner and Gabryelski, 4) Claim 117, and 5) Claim 118. (Marciel, M)
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Filing
298
ORDER signed by Judge John A. Mendez on 6/9/10: In order to correct an error, Order No. 295 , issued on 4/29/10, is amended on pg. 3, line 16, by striking out "107" and inserting "117". (Kastilahn, A)
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Filing
292
ORDER adopting in full 217 findings and recommendations, signed by Judge John A. Mendez on 2/18/10. Petitioner's 206 motion for a declaration that AEDPA does not apply in the instant action is DENIED. (Kastilahn, A) Modified on 3/22/2010 (Dillon, M).
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Filing
287
ORDER signed by Magistrate Judge Craig M. Kellison on 8/5/09 GRANTING 279 Motion for leave to depose witness Charles Andres. If the parties are unable to agree on a mutually agreeable time, they may set the matter for a telephonic conference with the court. The hearing scheduled for Thursday, August 6, 2009 at 11:00 a.m. is VACATED. (Donati, J)
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Filing
284
STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 7/24/09 and agreed between the parties that the time for hearing petitioner's 279 Motion For Leave to take Deposition of Charles Andres is hereby SHORTENED; respondent's response to the motion due no later than 5:00 pm, 7/30/09; Motion Hearing set for 8/6/2009 at 11:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison, counsel may appear telephonically.(Yin, K)
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Filing
246
ORDER signed by Magistrate Judge Craig M. Kellison on 2/1/08 GRANTING counsel's 245 Motion to file 1/30/08 Response under seal. Clerk directed to file Response UNDER SEAL. Petitioner's pro se 241 242 submissions are DISREGARDED and Clerk directed to terminate them as pending Motions on Court's docket. (Marciel, M)
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| Petitioner: Lee Max Barnett | |
| Represented By: | Robert D Bacon(Designation Public Defender or Community Defender Appointment) |
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| Respondent: Robert Wong | |
| Represented By: | Tami M. Krenzin |
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