Ontiveros v. Subia
Petitioner: Ed Ontiveros
Respondent: R J Subia and Attorney General for the State of California
Case Number: 2:2007cv01441
Filed: July 19, 2007
Court: U.S. District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: John A. Mendez
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
June 24, 2015 Opinion or Order Filing 72 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/23/15 RECOMMENDING that petitioner's application for a writ of habeas corpus be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)
March 17, 2015 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Dale A. Drozd on 03/16/15 ordering respondent's motion to dismiss 7 is deemed withdrawn. The evidentiary hearing set for 06/01/15 is vacated. Respondent shall file an answer within 10 days of the date of this order. (Plummer, M)
January 29, 2015 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Dale A. Drozd on 1/29/15 ordering ( Evidentiary Hearing set for 6/1/2015 at 09:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) The evidentiary hearing will be limited to the issue of whether petiti oner is entitled to equitable tolling of the statute of limitations. The court will issue a separate order and writ of habeas corpus ad testificandum for petitioner's attendance at the evidentiary hearing approximately 6 weeks prior to the hearing date. (Plummer, M)
December 10, 2014 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Dale A. Drozd on 12/09/14 ordering that within 14 days of the filing and service of this order petitioner's counsel shall clearly specify whether petitioner still seeks and evidentiary hearing on the sole issue of equitable tolling. (See order for further details)(Plummer, M)
April 1, 2013 Opinion or Order Filing 60 ORDER adopting 47 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 4/1/13: Claims I, III and IV of petitioner's habeas petition are summarily dismissed. (Kaminski, H)
October 2, 2012 Opinion or Order Filing 47 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/1/12 ORDERING that petitioner shall file and serve a supplemental brief, along with any additional evidence or proffer in support of his argument for equitable t olling within 21 days of the date of this order; Respondent shall file and serve a response to petitioners supplemental brief on equitable tolling within 14 days of being served with petitioners supplemental brief; and Petitioner may file and s erve a reply brief in response to respondents supplemental brief in response within 7 days of being served with respondents supplemental brief if he deems it warranted. It is RECOMMENDED that Claims I, III and IV of petitioners habeas petition be summarily dismissed. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)
March 28, 2011 Opinion or Order Filing 46 ORDER signed by Judge John A. Mendez on 3/25/2011 FINDINGS AND RECOMMENDATIONS 45 are ADOPTED in FULL; and Respondent's 7 Motion to Dismiss is DENIED. (Reader, L)
February 8, 2011 Opinion or Order Filing 45 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/07/11 recommending that respondent's 04/02/08 motion to dismiss for failure to exhaust 7 be denied. MOTION to DISMISS 7 referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
May 5, 2010 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Dale A. Drozd on 05/04/10 granting 32 Motion for briefing schedule. Petitioner shall file within 28 days of the date of this order, any opposition to respondent's motion to dismiss for failure to exhaust. Respondent's reply, if any, shall be filed and served within 14 days after service of the opposition. The matter will be set for hearing, if deemed appropriate by the court, after the submission of the briefing. (Plummer, M)
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Respondent: R J Subia
Represented By: Christopher John Rench
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Respondent: Attorney General for the State of California
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Petitioner: Ed Ontiveros
Represented By: Stephen Michael Defilippis
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