Allen v. Ornoski
Case Number: 2:2006cv00064
Filed: January 12, 2006
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Frank C. Damrell
Presiding Judge: Dale A. Drozd
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28:2254 Ptn for Writ of H/C - Stay of Execution
Jury Demanded By: None

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Date Filed Document Text
January 12, 2006 Opinion or Order Filing 13 MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 1/12/06 re: 2 MOTION to PROCEED IN FORMA PAUPERIS filed by Clarence Ray Allen - GRANTED. 3 MOTION to APPOINT COUNSEL filed by Clarence Ray Allen - GRANTED. Petitioner's 1/12/06 app lication for a writ of habeas corpus is DENIED on the merits with respect to petitioner's claim that his age and physical infirmity render his execution a violation of the Eighth Amendment. This court lacks jurisdiction to consider petitioner&# 039;s other claim that his execution after his tenure on death row amounts to an Eighth Amendment violation because he has not sought permission from the Court of Appeals to file that claim here. 4 MOTION to STAY filed by Clarence Ray Allen - DENIED. CASE CLOSED. (Price, M)
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