Holloway v. Wong
Case Number: 2:2005cv02089
Filed: October 19, 2005
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Edmund F. Brennan
Presiding Judge: Frank C. Damrell
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution
Jury Demanded By: None
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Date Filed Document Text
March 6, 2024 Opinion or Order Filing 96 STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/6/24, EXTENDING the time for filing of the parties objections to the Findings and Recommendations to 5/30/24. (Kastilahn, A)
January 31, 2024 Opinion or Order Filing 94 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 01/30/2024 DIRECTING that the Clerk substitute Michael Martel as Respondent. It is further RECOMMENDED that the 56 Motion for Summary Judgment be denied without pre judice as to claims 1.C, 1.F, 7.B, 11, and 28; and 56 Motion for Summary Judgment be granted as to claims 1.A, 1.D 1.E.2, 2.A, 2.B, 2.C, 2.D, 2.E, 3, 4, 5.A, 5.B, 5.C, 5.D, 5.E.1, 5.F.2, 5.F.4, 5.G, 5.H, 5.I, 5.K, 5.L, 5.M, 5.N, 5.O, 6.C, 7.A, 7.C, 7.D, 9, 10.A, 19.B, 19.C, 21.B, 27, and 31 of the Petition for Writ of Habeas Corpus. Referred to District Judge Daniel J. Calabretta. Objections due within 30 days after being served with these Findings and Recommendations.(Lopez, K)
October 13, 2023 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/12/2023 GRANTING petitioner's 91 request to lodge under seal Exhibits 36, 37, 42, 52, 60 and 67 to State Exhaustion Petition. The Clerk shall lodge and maintain under seal Exhibits to the petition for writ of habeas corpus in In Re Holloway, California Supreme Court Case No. S147749. (Yin, K)
January 26, 2012 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/26/12 ORDERING that Petitioners Motion to Reconsider the courts November 3, 2011 order is granted. The courts November 3, 2011 order is vacated. Upon further consideration, and in light of peti tioners argument that these proceedings may be affected by the United States Supreme Courts decisions in Maples v. Thomas, No. 10-63, and Martinez v. Ryan, No. 10-1001, the date set by the undersigned in the January 25, 2012 hearing for argument on Respondents Summary Judgment Motion is vacated. See Dckt. No. 71 at 1-2; Dckt. No. 77 at 4-5. The parties are ordered to submit revised briefs on containing all relevant authority according to the following schedule: respondent shall file his re vised motion for summary judgment or a statement that he does not wish to file a revised motion within 30 days after the United States Supreme Court issues its decision in Martinez; petitioner shall file his revised opposition or a statement that he does not wish to file a revised opposition within 21 days thereafter; and respondent may file a revised reply brief within 7 days thereafter. (Dillon, M)
November 3, 2011 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/3/11 ORDERING that the 11/16/11 hearing on respondents motion for summary judgment is VACATED The parties shall meet and confer regarding a proposed schedule for resolution of the section 2254( d) standards, respondents motion for summary judgment, any other contemplated motions (i.e., discovery, evidentiary hearing), and the merits of petitioners claims. On or before 12/2/11, the parties shall file a joint statement addressing these issues. (Dillon, M)
May 3, 2011 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Edmund F. Brennan on 05/03/11 ordering the parties are hereby ordered to brief the impact of Cullen v. Pinholster on these proceedings. Petitioner's initial brief shall be filed on or before 05/24/11. Respondent's response shall be filed on or before 06/23/11. Petitioner's reply, if any, shall be filed on or before 07/11/11. (Plummer, M)
March 10, 2011 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Edmund F. Brennan on 03/10/11 ordering the court adopts the proposed schedule. Petitioner's brief in opposition to respondent's motion for summary judgment shall be filed on or before 05/24/11. Respondent's reply shall be filed on or before 06/23/11. As to 56 MOTION for SUMMARY JUDGMENT, ( Motion Hearing set for 7/13/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan.) (Plummer, M)
August 2, 2010 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/2010 ORDERING that briefing on the pending 56 motion for summary judgment is STAYED pending the issuance of a decision in Martin; and the parties are to file a joint status report w/in 14 days after a decision in Martin is rendered.(Yin, K)
June 16, 2010 Opinion or Order Filing 60 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 06/16/10 ordering, petitioner's response to respondent's motion for summary judgment shall be filed on or before 08/23/10. Respondent's reply shall be filed on or before 09/06/10. The hearing as to respondent's MOTION for SUMMARY JUDGMENT 56 ( Motion Hearing continued to 9/22/2010 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan.) (Plummer, M)
November 13, 2009 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/12/09 ORDERING that Respondent shall file and serve an answer to the 9/29/06 petition on orbefore 3/4/10. Respondent shall file and serve a motion for summary adjudication on or before 4/29/10. Petitioners opposition or statement of non-opposition shall be filed and served on or before 6/24/10, and respondents reply, if any, shall be filed on or before 7/8/10. A hearing on respondents motion for summary adjudication is set for 7/21/10 at 1 0:00 a.m., in Courtroom No. 25. Counsel for petitioner shall file, under seal, a proposed Phase III budget, by 12/30/09. An ex parte conference with petitioners counsel regarding the budget will follow on 1/6/10 at 10:00 a.m., in Courtroom No. 25.(Dillon, M)
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