Sum v. Northern District of California
Plaintiff: Brian Sum
Defendant: Northern District of California
Case Number: 2:2009cv02811
Filed: October 8, 2009
Court: U.S. District Court for the Eastern District of California
Office: Sacramento Office
County: San Joaquin
Presiding Judge: William B. Shubb
Presiding Judge: Gregory G. Hollows
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
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
July 2, 2012 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Timothy J. Bommer on 6/29/12 ORDERING that the Assistant Federal Defender's Request to be terminated from the case and have Petitioner returned to Pro Se Status 42 is GRANTED; The Clerk is ORDERED to send a copy of the Findings and Recommendations 41 along with a copyof this Order to the Pro Se Petitioner at the followig address: Brian Sum, F-20945, CSP Solano, P.O. Box. 4000, Vacaville, CA 95696-4000.(Mena-Sanchez, L)
June 28, 2012 Opinion or Order Filing 41 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Timothy J. Bommer on 6/27/12 Recommending that the Petition for writ of habeas corpus 1 be DENIED. These FINDINGS AND RECOMMENDATIONS are submitted to U.S. District Judge William B. Shubb; Objections to these F&R due within twenty-one days. (Mena-Sanchez, L)
September 28, 2011 Opinion or Order Filing 40 ORDER signed by Judge William B. Shubb on 9/27/11 ORDERING that the findings and recommendations is adopted in full; and Petitioner's motion to stay and abey 32 is DENIED and to the extent that Claim II includes a federal double jeopardy claim it is deemed unexhausted and is stricken. (Becknal, R)
August 24, 2011 Opinion or Order Filing 37 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Timothy J. Bommer on 8/24/11: Recommending that 32 Motion to Stay be DENIED and Petitioner's double jeopardy argument as construed within Claim II be dismissed as unexhausted. F&R referred to the United States District Judge William B. Shubb. Objections to F&R due within twenty-one days. (Kaminski, H)
March 21, 2011 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Timothy J. Bommer on 3/18/2011 ORDERING that Ptnr's 30 Motion to Proceed IFP is DENIED. The Federal Defender's Office shall remain Ptnr's appointed counsel as outlined in the 2/11/2011 order. (Zignago, K.)
February 11, 2011 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Timothy J. Bommer on 2/10/11: The Federal Defender is appointed to represent petitioner for the limited purpose. The Clerk of the Court is directed to serve a copy of the federal habeas petition 1 , the answer, 17 , order 23 and this order on FD David Porter. The Clerk is directed to include a copy of the in IFP application to Petitioner. (Kaminski, H)
November 22, 2010 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Timothy J. Bommer on 11/22/2010 ORDERING that Petitioner shall be granted twenty-eight days to inform the court whether he seeks to (a) stay and abey the federal habeas petition pending state court exhaustion of the u nexhausted federal double jeopardy claim as stated in Claim II of the instant federal habeas petition by filing a motion to stay and abey pursuant to Rhines, or (b) proceed on the instant petition. If petitioner elects to proceed on the instant peti tion on his exhausted claims, the unexhausted federal double jeopardy claim included within Claim II will be deemed stricken and the remaining portion of Claim II will be considered along with the rest of Petitioner's federal habeas petition. (Duong, D)
October 1, 2010 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Timothy J. Bommer on 09/30/10 ORDERING thatrespondent has fourteen (14) days to supplement his Answer in the event that this Court construes Claim Two as also raising a Double Jeopardy claim; andNo extensions of time will be given to Respondent to supplement his Answer pursuant to this Order. (Williams, D)
January 6, 2010 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/5/10: Respondent's request for 30 days to prepare an Answer to the Petition is hereby GRANTED. (Kaminski, H)
October 26, 2009 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/26/09 DIRECTING RESPONDENT to File a Response to Petition. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General. Respondents are direct ed to file a response to petitioners application within 60 days from the date of this order. The Clerk of the Court is directed to substitute the name of the proper respondent, Warden Ken Clark, in place of the Northern District of California, in the case docket. (cc Michael Farrell)(Dillon, M)
October 7, 2009 Opinion or Order Filing 5 ORDER TRANSFERRING CASE. Signed by Judge Jeremy Fogel on 10/2/09. (dlm, COURT STAFF) (Filed on 10/7/2009) [Transferred from cand on 10/8/2009.]
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Plaintiff: Brian Sum
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Defendant: Northern District of California
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