Rundle v. Ayers
Defendant: Robert L Ayers
Petitioner: David Allen Rundle
Case Number: 2:2008cv01879
Filed: August 13, 2008
Court: U.S. District Court for the Eastern District of California
Office: Death Penalty - Habeas Corpus Office
County: Sacramento
Presiding Judge: Garland E. Burrell
Presiding Judge: Dale A. Drozd
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Ptn for Writ of H/C - Stay of Execution
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Date Filed Document Text
June 2, 2015 Opinion or Order Filing 134 ORDER signed by Magistrate Judge Kendall J. Newman on 06/02/15 ordering on 06/09/15 at 2:00 p.m., the undersigned will hold an ex parte telephone conference with counsel for petitioner to discuss Ms. Coffin's motion to withdraw. Before the close of business on June 8, petitioner's counsel shall contact courtroom deputy Matt Caspar at 916-930-4187 to provide contact telephone numbers. (Plummer, M)
October 29, 2014 Opinion or Order Filing 130 ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/14 ORDERING that 129 Motion for Extension of time is GRANTED; Petitioner shall file his objections by October 30, 2014.(Dillon, M)
July 3, 2014 Opinion or Order Filing 120 ORDER signed by Magistrate Judge Kendall J. Newman on 7/3/2014 ORDERING the respondent to inform the court within five days, whether he opposes the 119 Motion for 60-Day Extension of Time to file objections to Findings and Recommendations. (Michel, G)
May 9, 2014 Opinion or Order Filing 118 ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/14 ORDERING that petitioner shall file and serve any objections to the November 22, 2013 Findings and Recommendations on or before June 30, 2014; and Respondent shall file and serve any reply within sixty days after the filing date of petitioners objections.(Dillon, M)
November 22, 2013 Opinion or Order Filing 109 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/21/13 RECOMMENDING that petitioners Claims A through Y be denied and that petitioners Claim Z be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 60 days.(Dillon, M)
March 2, 2012 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Kendall J. Newman on 3/1/2012 DISMISSING, as unnecessary, petitioner's 90 request to file an oversized brief. (Yin, K)
January 9, 2012 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Kendall J. Newman on 1/06/12 ordering that petitioner's brief concerning the relationship of 28 USC 2254(d) to the claims in petitioner's federal habeas petition and motion for evidentiary hearing shall be filed by 03/02/12. It is not contemplated that any additional requests for additional time will be granted. (Plummer, M)
May 23, 2011 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Kendall J. Newman on 05/20/11 ordering by 11/01/11, petitioner shall file a memorandum of points and authorities which addresses the applicable 28 USC 2254(d) standard(s) for each claim in the petition including the i mpact of the Supreme Court's recent decision in Cullen v. Pinholster, 131 S. Ct. 1388 (2011), and it shall include any motion for an evidentiary hearing or to expand the record concerning any claim. By 01/16/12, respondent shall file an opposit ion. As discussed during the March 31 conference, that opposition shall include respondent's assertion that some claims are barred by the procedural default doctrine. By 02/16/12 petitioner shall file any reply. The undersigned will schedule oral argument after submission of all briefs. (Plummer, M)
May 4, 2011 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Kendall J. Newman on 05/03/11 ordering (Telephonic Status Conference set for 5/20/2011 at 11:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The status conference is to discuss with counsel the effect, if any, of the Supreme Court's recent opinion in Cullen v. Pinholster 131 S. Ct. 1388 (2011), on these proceedings, and in particular on petitioner's expected motion for an evidentiary hearing. Counsel shall contact Courtroom Deputy Matt Caspar at 916-930-4187 or mcaspar@caed.uscourts.gov to provide a telephone number at which to contact counsel for the hearing. (Plummer, M)
February 23, 2011 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Kendall J. Newman on 02/22/11 ordering as set forth in the court's 10/18/10 order, if respondent wishes to file a memorandum in response to petitioner's 02/11/11 traverse, he shall do so by 03/03/11. At the 03/17/11 status conference, in addition to the subjects described in the October 18th order, the parties shall be prepared to argue the procedural defenses raised in the answer. (Plummer, M)
October 18, 2010 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Kendall J. Newman on 10/15/10 ordering by 02/11/11, petitioner shall file a traverse. After the traverse is filed, respondent will be given an opportunity to seek leave to file a reply memorandum, if necessary. Befo re 03/10/11, the parties shall meet and confer regarding a schedule for these proceedings and, specifically, any discovery either party intends to seek. By 03/10/11, each party shall file a status report proposing a schedule, describing the discovery he will seek, and outlining any opposition to the discovery the other party will seek. On 03/17/11 at 10:00 a.m., the undersigned will hold a status conference in courtroom #25.(Plummer, M)
September 16, 2010 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/10 ORDERING a Status Conference set for 10/14/10 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Counsel need not file status reports but shall be prepared to di scuss: the necessity of a traverse; whether any procedural issues should be addressed before the case proceeds to phase III and, if so, a timeline for litigating them; and dates for completing discovery and the filing of any motion for an evidentiary hearing. (Becknal, R)
August 2, 2010 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/10 ORDERING that the Clerk of the Court is directed to re-serve by U.S. mail the sealed orders at docket nos. 18 , 20 , 21 , 25 , 28 , 31 , 35 , and 46 upon Ms. Coffin at the address currently listed for her.(Dillon, M)
June 10, 2010 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/2010 GRANTING petitioner's 37 request to file under seal; the clerk to file UNDER SEAL the 6/8/10 budgeting documents submitted by petitioner's counsel. (Yin, K)
March 2, 2010 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Kendall J. Newman on 03/01/2010 ORDERING that Petitioner's Application 16 is GRANTED. The Case Management Conference set for 3/18/2010 at 10:00 AM is VACATED and RESET for 3/18/2010 at 2:00 PM in Courtroom 25 before Magistrate Judge Kendall J. Newman. (Schultz, C)
February 24, 2010 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Kendall J. Newman on 2/23/10 ORDERING that on 3/18/10 at 10:00 a.m. in courtroom #25, this court will hold a case management conference. Clerk of the Court is directed to serve it upon Kurt Heiser, CJA Administrator, Office of the Federal Defender; and Sandy Andrews, Research and Policy Analyst, Office of the Circuit Executive.(Dillon, M)
February 4, 2009 Opinion or Order Filing 6 CJA 20 ORDER OF APPOINTMENT signed by Magistrate Judge Dale A. Drozd on 11/24/08, Attorney Lynne Coffin for David Allen Rundle added. (Mena-Sanchez, L)
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Petitioner: David Allen Rundle
Represented By: Joseph Schlesinger
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Defendant: Robert L Ayers
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