Cejas v. Yates
Petitioner: Andrew A. Cejas
Respondent: James A. Yates
Case Number: 2:2008cv02494
Filed: October 20, 2008
Court: US District Court for the Eastern District of California
Office: Habeas Corpus (General) Office
County: Fresno
Presiding Judge: Edmund F. Brennan
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

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Date Filed Document Text
August 5, 2013 Opinion or Order Filing 92 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/5/13 RECOMMENDING that petitioners application for a writ of habeas corpus be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
November 2, 2012 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/01/12 denying 86 Motion for Certificate of Appealability. (Plummer, M)
September 26, 2012 Opinion or Order Filing 85 ORDER adopting 82 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 9/26/12. Respondent's 74 motion to dismiss is granted. All claims in the amended petition, with the exception of petitioner's instructional error claim, are dismissed. The matter stands SUBMITTED for decision on petitioner's instructional error claim. Petitioner's 84 request for a certificate of appealability is denied as premature. (Kastilahn, A)
June 28, 2012 Opinion or Order Filing 82 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/28/12 recommending that respondent's motion to dismiss be granted. All claims in the amended petition, with the exception of petitioner's instructional error claim, be dismissed; and the matter stand submitted for decision on petitioner's instructional error claim. MOTION to DISMISS 74 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
February 22, 2012 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Edmund F. Brennan on 02/22/12 denying 64 Motion to Stay. The clerk is directed to send petitioner a copy of respondent's opposition 74 . (Plummer, M)
May 10, 2011 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Edmund F. Brennan on 05/09/11 ordering respondent's 05/06/11 motion for an extension of time 72 is granted and respondent shall file and serve his response to the motion for stay on or before 05/17/11. Petitioner's 05/17/11 motion for discovery 66 and 05/02/11 request for subpoenas 71 are denied. (Plummer, M)
March 22, 2011 Opinion or Order Filing 67 ORDER denying 65 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 03/22/11. (Plummer, M)
January 20, 2011 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/19/2011 ORDERING that ptnr's 60 request for an extension of time is GRANTED and ptnr has 60 days to file and serve an amended petition; and ptnr's 32 motion for a stay is DENIED w/out prejudice. (Yin, K)
October 19, 2010 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/19/10 ORDERING this action, Case No. CIV S-08-2494 MCE EFB P is consolidated with petitioner's habeas petition at Case No. CIV S-10-0995 MCE EFB P. Case No. Civ S-08-2494 MCE EFB P is des ignated as the "master file"; The Clerk is directed to copy the petition and other pertinent documents in CIV S-10-995 MCE EFB P and to place said copies in the "master file"; The Clerk is directed to administratively close Case N o. Civ S-10-0995 MCE EFB P; and the parties are directed to file all future pleadings ONLY in Case No. Civ S-08-2494 MCE EFB P. Petitioner's September 1, 2010 motion for leave to file an amended petition 33 is granted, and petitioner shall ha ve 30 days from the date of this order to file an amended petition as provided in this order. Respondent's 10/04/10 motion for an extension of time 39 is granted and respondent shall have 30 days from service of the amended petition to file a n opposition or statement of no opposition to petitioner's August 26, 2010 motion to stay and to respond to the amended petition. Petitioner's 09/01/10 request for leave to conduct discovery is denied without prejudice. Petitioner's 09/01/10 request for appointment of counsel is denied without prejudice. Petitioner's October 8, 2010 motion to present oath of office 41 is denied. (Plummer, M)
September 28, 2010 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Edmund F. Brennan on 09/28/10 ordering that within 14 days of the date of this order, respondent shall file either opposition to the motions for stay and to file an amended petition to dismiss or statements of no opposition. (Plummer, M)
August 11, 2010 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/11/10 denying without prejudice 18 Motion for Discovery. (Dillon, M)
December 2, 2009 Opinion or Order Filing 20 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/2/09 RECOMMENDING that respondent's 15 motion to dismiss be denied; respondent be directed to file and serve an answer to the application w/in 60 days; petitioner be directed that his reply be filed and served w/in 30 days of the answer; and petitioner's 17 request for certificate of appealability be denied as unnecessary. Referred to Judge Morrison C. England, Jr.; Objections to F&R due w/in 20 days. (Yin, K)
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Petitioner: Andrew A. Cejas
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Respondent: James A. Yates
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