Mendoza v. Cate
| Arquimedes Mendoza |
| Matthew Cate |
| 2:2009cv01710 |
| June 22, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Dale A. Drozd |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
137
ORDER signed by Senior Judge Morrison C. England, Jr., on 8/27/21 CLARIFYING that the certificate of appealability was granted as to the following issue only: whether Petitioner's counsel was ineffective in the negotiation and entry of his guilty plea based on counsel's misrepresentation that the conviction to which he was pleading guilty was not a "strike" under California's Three Strikes Law. (Kastilahn, A)
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Filing
131
ORDER signed by Senior Judge Morrison C. England, Jr. on 6/9/2021 ADOPTING 128 Findings and Recommendations in full and DENYING 1 petition for writ of habeas corpus. To the extent petitioner's objections request reconsideration of the court's 8/11/2020 126 order, the request for reconsideration is DENIED. The court GRANTS a certificate of appealability. CASE CLOSED. (Zignago, K.)
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Filing
128
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/08/21 RECOMMENDING that petitioner's application for a writ of habeas corpus be denied. Referred to Judge Morrison C. England Jr. Objections due within 30 days.(Plummer, M)
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Filing
126
ORDER signed by Senior Judge Morrison C. England, Jr on 8/10/2020 respectfully REJECTING the Magistrate Judge's Findings and Recommendations (ECF No. 116 ) and DENYING Petitioner's habeas relief for ineffective assistance of counsel as to the strike consequence of his plea deal. The action shall proceed on Petitioner's habeas relief for ineffective assistance of counsel for failing to investigate or challenge the reliability of the prosecution's DNA analysis. (Becknal, R)
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Filing
122
ORDER signed by Magistrate Judge Deborah Barnes on 12/27/2017 GRANTING 117 Motion for Extension of Time and GRANTING 120 Motion for Extension of Time. 118 Respondent's objections deemed timely filed. Petitioner's reply to Respondent's objections due on or before 1/29/2018. (Henshaw, R)
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Filing
116
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/13/17 recommending that petitioner's motion for habeas relief for ineffective assitance of counsel as to the strike consequence of his plead deal be granted. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
108
ORDER signed by Magistrate Judge Deborah Barnes on 2/24/2017. IT IS HEREBY ORDERED: The February 24, 2017, telephonic conference is Vacated; The February 27, 2017, Evidentiary Hearing is Vacated; and Parties shall file merits briefs as follows: (a) P etitioner shall file a brief within thirty (30) days from the date of this order; (b) Respondent shall file a brief fourteen (14) days after service of petitioner's brief, and (c) Petitioner shall file a reply seven (7) days after service of petitioner's brief. (Buzo, P)
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Filing
104
ORDER signed by Magistrate Judge Deborah Barnes on 9/6/16 ORDERING that the Evidentiary Hearing is CONTINUED to February 27-28, 2017 at 09:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Kastilahn, A)
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Filing
100
ORDER signed by Magistrate Judge Allison Claire on 07/20/16 granting 99 Motion to continue the evidentiary hearing. The evidentiary hearing currently scheduled for 7/25/16 is vacated and will be reset at the court's initiative at a later date. (Plummer, M)
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Filing
97
ORDER signed by Magistrate Judge Allison Claire on 6/2/2016 GRANTING 96 REQUEST for Issuance of Subpoena. The Court AUTHORIZES the US Marshal to serve subpoena on Hon. James Hammerstone, pay any authorized witness fees Judge Hammerstone may incur and apply for in connection with the deposition, and pay the fees of DepoBook Recorder for recording and transcribing of the 6/13/16 deposition. (certified copy to USM) (Donati, J)
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Filing
95
ORDER signed by Magistrate Judge Allison Claire on 05/04/16 ordering the discovery deadline is continued to 6/07/16. The parties request to take the deposition of James Hammerston is granted. (Plummer, M)
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Filing
89
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 08/12/15 ordering the 08/17/15 in the above-captioned matter is vacated and a status conference will be held on 10/30/15 at 10:00 a.m. in the courtroom of undersigned. (Plummer, M)
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Filing
87
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 5/15/15. The Evidentiary Hearing is reset for 8/17/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Manzer, C)
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Filing
85
ORDER signed by Magistrate Judge Dale A. Drozd on 03/23/15 ordering ( Evidentiary Hearing set for 6/8/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) The evidentiary hearing will be limited to petitioner's claim t hat he received ineffective assistance as a result of his trial counsel's failure to advise him that the charge to which he pled guilty was a "strike" under California's 3 strikes law and that he was prejudiced by his counsel's ineffective performance. (Plummer, M)
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Filing
84
ORDER signed by Chief Judge Morrison C. England, Jr on 3/10/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/3/15 79 are ADOPTED in full; Respondent's MOTION to DISMISS 73 is DENIED; and The Court DECLINES to issue a Certificate of Appealability referenced in 28 U.S.C. §2253.(Mena-Sanchez, L)
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Filing
79
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/2/2014 RECOMMENDING that respondent's 73 motion to dismiss this habeas action "for lack of a case or controversy" be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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Filing
72
ORDER signed by Magistrate Judge Dale A. Drozd on 04/14/14 ordering respondent's 04/10/14 request to "vacate the briefing schedule pending the court's resolution of respondent's anticipated motion to dismiss 70 is granted. The evidentiary hearing previously scheduled for 4/21/14 is vacated. Petitioner's 04/14/ request "to maintain current court date as a status conference 71 is denied. The subpoena duces tecum issued on 04/09/14 to petitioner's former counsel is vacated. The clerk of the court is directed to serve this order on the U.S. Marshal. (cc: USM) (Plummer, M)
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Filing
69
AMENDED ORDER signed by Magistrate Judge Dale A. Drozd on 4/8/14 ORDERING that authorization for issuance of the subpoena and subpoena duce tecum to Deputy District Atttorney Grant Brooks, Esq. and attorney Gary Grant Hickey and payment of the witnesses by the U.S. Marshal is hereby GRANTED. The parties shall lodge with the court a stipulated protective order with regard to the material subject to subpoena prior to 04/21/14. (Meuleman, A)
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Filing
68
ORDER signed by Magistrate Judge Dale A. Drozd on 04/01/14 ordering that authorization for issuance of the subpoena and subpoena duce tecum to Deputy District Atttorney Grant Brooks, Esq. and attorney Gary Grant Hickey and payment of the witnesses by the U.S. Marshal is hereby granted. The parties shall lodge with the court a stipulated protective order with regard to the material subject to subpoena prior to 04/21/14. (Plummer, M)
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Filing
61
ORDER signed by Magistrate Judge Dale A. Drozd on 1/24/14 ORDERING that Petitioners amended motion for discovery and to expand the record 58 is granted in part and an evidentiary hearing is set for April 21, 2014 at 10:00 a.m. in Courtroom 27 and Petitioners request for discovery and to expand the record is denied in all other respects.(Dillon, M)
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Filing
56
ORDER signed by Magistrate Judge Dale A. Drozd on 7/26/2013 DENYING, withiout prejudice, petitioner's 52 motion for discovery; petitioner may choose to renew his motion in accordance with this order. (Yin, K)
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Filing
54
CJA20 ORDER signed by Magistrate Judge Dale A. Drozd on 8/7/12. (Manzer, C)
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Filing
51
ORDER signed by Magistrate Judge Dale A. Drozd on 03/26/13 ordering on or before 05/17/13, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this action. Respondent shall file an oppo sition to petitioner's motion, if any, on or before 06/28/13. Petitioner may file a reply to respondent's opposition on or before 07/12/13. The hearing currently scheduled for 05/03/13 is vacated. A hearing on petitioner's motion filed pursuant to this order shall be held on 07/26/13 at 10:00 a.m. in courtroom 27. (Plummer, M)
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Filing
49
ORDER signed by Magistrate Judge Dale A. Drozd on 1/28/2013 ORDERING that on or before 3/1/2013, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this action; respondent's opposi tion to the motion, if any, due on or before 4/1/2013; petitioner's reply due on or before 4/15/2013; the 3/15/2013 hearing is VACATED; and a hearing on petitioner's motion pursuant to this order shall be held on 5/3/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Yin, K)
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Filing
47
ORDER signed by Magistrate Judge Dale A. Drozd on 12/18/12 ordering on or before 01/21/13, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this habeas action. Respondent shall file an opposition to petitioner's motion, if any, on or before 02/21/13. Petitioner may file a reply to respondent's opposition on or before 02/28/13. The hearing currently scheduled for 02/08/13 is vacated. ( Motion Hearing set for 3/15/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Plummer, M)
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Filing
45
ORDER signed by Magistrate Judge Dale A. Drozd on 11/19/2012 ORDERING that on or before 12/17/2012, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed in this action; respondent shall file a n opposition to petitioner's motion, if any, on or before 1/17/2013; petitioner may file a reply to respondent's opposition or or before 1/31/2013; the 1/11/2013 hearing is VACATED; a hearing on petitioner's motion filed pursuant to this order will now be held 2/8/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Yin, K)
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Filing
43
ORDER signed by Magistrate Judge Dale A. Drozd on 10/17/12 ORDERING that on or before November 15, 2012, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this action; Responden t shall file an opposition to petitioners motion on or before December 15, 2012. Petitioner may file a reply to respondents opposition on or before January 3, 2013. A hearing on petitioners motion filed pursuant to this order shall be held on January 11, 2013, at 10:00 a.m. in courtroom #27.(Dillon, M)
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Filing
41
ORDER signed by Magistrate Judge Dale A. Drozd on 9/14/12 ORDERING that on or before October 15, 2012, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this action; Respondent s hall file an opposition to petitioners motion on or before November 15, 2012. Petitioner may file a reply to respondents opposition on or before December 3, 2012 A hearing on petitioners motion filed pursuant to this order shall he held on December 7, 2012 at 10:00 a.m. in courtroom #27.(Dillon, M)
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Filing
37
ORDER signed by Magistrate Judge Dale A. Drozd on 7/31/12 ORDERING that the Federal Defender is appointed and is directed to locate appropriate counsel from the habeas panel to accept the appointment on behalf of petitioner. Clerk of the Court is dir ected to serve a copy of the petition and this order on Carolyn Wiggin, Assistant Federal Defender. Petitioners counsel shall contact the Clerks Office to make arrangements for copies of documents in the file. A status conference is set for September 14, 2012, at 10:00 a.m. in Courtroom #27. All parties shall appear at the status conference by counsel and shall be prepared to discuss the scheduling of further briefing and/or an evidentiary hearing, if appropriate. (Dillon, M)
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Filing
35
ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 04/11/12 ordering that petitioner shall show cause within 30 days from the date of this order, why this action should not be dismissed as moot and due to his failure to comply with Local Rule 182(f). (Plummer, M)
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Filing
25
ORDER signed by Judge Morrison C. England, Jr on 9/30/11 ORDERING that the findings and recommendations filed August 26, 2011, are adopted in full; Respondent's November 3, 2010 motion to dismiss the petition as untimely 13 is denied; and Respondent is ordered to file an answer to the petition for a writ of habeas corpus within thirty days. (Becknal, R)
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Filing
21
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/25/2011 RECOMMENDING that Resp's 13 Motion to Dismiss be denied. Resp be ordered to file an answer to the petition within 30 days. Motion referred to Judge Morrison C. England, Jr.. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
17
ORDER signed by Magistrate Judge Dale A. Drozd on 5/27/11 DISCHARGING 15 Order to Show Cause. Within 30 days from the service of this order, respondent shall file and serve a reply brief addressing the issues identified. (Meuleman, A)
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Filing
15
ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 12/13/2010 ORDERING ptnr to show cause, in writing, why respondent's 11/3/10 motion to dismiss should not be granted. (Yin, K)
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Filing
5
ORDER signed by Magistrate Judge Dale A. Drozd on 12/18/09 ordering that within 30 days from the service of this order, petitioner shall file a response to this order clarifying the relief he seeks herein, the nature of the claim he wishes to pursue and the legal authority which supports his request for relief, including the basis for the court's exercise of jurisdiction over his petition. (Plummer, M)
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| Petitioner: Arquimedes Mendoza | |
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| Respondent: Matthew Cate | |
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