Andrade v Cate
Petitioner: Adrian Frank Andrade
Respondent: Matthew Cate
Case Number: 2:2009cv02270
Filed: August 17, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
February 12, 2016 Opinion or Order Filing 49 ORDER AND MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 02/11/16 ORDERING that Petition for Writ of Habeas Corpus is DENIED; the 45 Motion for an Evidentiary Hearing is DENIED; Court DECLINES to issue COA. CASE CLOSED (Benson, A)
March 9, 2015 Opinion or Order Filing 46 ORDER signed by Magistrate Judge Allison Claire on 03/06/15 denying 45 Motion for an evidentiary hearing. (Plummer, M)
August 4, 2014 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Allison Claire on 08/04/14 denying 41 Motion to Appoint Counsel and granting 42 Motion for Extension of time. Petitioner shall file and serve a supplemental traverse by no later than 09/15/14. (Plummer, M)
June 30, 2014 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Allison Claire on 6/27/14 ORDERING that 39 Motion to Withdraw as Attorney. This courts order to show cause issued June 12, 2014 (ECF No. 35 ) is hereby discharged; The Clerk of Court shall update the docket to reflect petitioners pro se status; and, within 45 days from the date of this order, petitioner shall file a supplemental traverse with respect to ground five of the petition challenging the sufficiency of the evidence supporting petitioners conviction.(Dillon, M)
June 20, 2014 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Allison Claire on 6/20/14 ORDERING that counsel for petitioner shall file a motion to withdraw within 7 days of the date of this order.(Dillon, M)
June 12, 2014 Opinion or Order Filing 35 ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 6/11/2014 ORDERING that counsel for petitioner shall BOTH file a response to this order, within 7 days, indicating whether they intend to file a notice of withdrawal or whether they intend to continue to represent petitioner notwithstanding the conflict of interest described in this court's 9/24/13 order; Counsel is further DIRECTED to serve a copy of the following documents on petitioner and to file proof of such serv ice with the court within 7 days of this order: 1) the 28 U.S.C. § 2254 petition (ECF No. 1 ); 2) the Answer (ECF No. 11 ); 3) the Reply (ECF No. 15 ); 4) the Findings and Recommendations (ECF No. 19 ); 5) the Order (ECF No. 20 ); 6) the Answer (ECF No. 31 ); and, 7) the Supplemental Reply (ECF No. 32 ). (Yin, K)
October 29, 2013 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Allison Claire on 10/28/13 ordering respondent is directed to file an answer to ground 5 of the petition within 60 days. Petitioner must file any reply to the answer within 60 days thereafter. Petitioner's 10/07/13 request for appointment of counsel 27 is denied without prejudice to a renewal of the motion at a later stage of the proceedings. (Plummer, M)
September 24, 2013 Opinion or Order Filing 24 ORDER signed by Judge Kimberly J. Mueller on 9/24/2013 GRANTING 22 Motion for Relief from Judgment; VACATING 20 Order Adopting Findings and Recommendations; DECLINING TO ADOPT 19 Findings and Recommendations; DIRECTING the clerk of Court to assign a new magistrate judge to this case; REFERRING this case to the new magistrate jugde for further proceedings. (Michel, G)
March 8, 2011 Opinion or Order Filing 19 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Timothy J. Bommer on 3/7/2011 ORDERING that the Clerk shall assign a District Judge to this case. IT IS HEREBY RECOMMENDED that Ptnr's 1 application for writ of habeas corpus be denied. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 21 days. (Zignago, K.)
February 9, 2010 Opinion or Order Filing 5 ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/8/2010 DIRECTING respondent to file a response to the petition w/in 60 days; reply due w/in 30 days of answer; if response is a motion, opposition or statement of non-opposition due w/in 30 days of motion, reply due w/in 15 days thereafter; and the clerk to serve a copy of this order, a copy of the petition and the Order re Consent on the Attorney General. (cc: Michael Farrell)(Yin, K)
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Petitioner: Adrian Frank Andrade
Represented By: Kenny Norman Giffard
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Respondent: Matthew Cate
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