Nesbitt v. Jacquez
Petitioner: Robert Hayden Nesbitt, Jr.
Respondent: Francisco Jacquez
Case Number: 2:2009cv02821
Filed: October 9, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Gregory G. Hollows
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
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Date Filed Document Text
July 23, 2013 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/23/13 ORDERING that petitioners request for transcripts, filed July 5, 2013, (dkt. No. 88 ), is DENIED.(Dillon, M)
September 6, 2012 Opinion or Order Filing 71 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/5/12 RECOMMENDING that the petition be denied. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
July 30, 2012 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/30/12 ORDERING that petitioners repeated and inapposite motions for appointment of new counsel and for an extension of time to file a stay and abeyance and/or to file an amended petition in thi s submitted habeas matter, filed on November 3, 2011 (docket # 65 ), on November 7, 2011 (docket # 66 ), and on November 16, 2011 (docket # 67 ), are DENIED; his request for judicial notice, filed on January 6, 2012 (docket # 68 ), is DISREGARDED. (Dillon, M)
July 28, 2011 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Gregory G. Hollows on 07/28/11 ORDERING that the Motion to file Reply brief out of time is GRANTED; petitioner's 57 Reply is deemed filed timely. (Benson, A.)
July 11, 2011 Opinion or Order Filing 54 ORDER signed by Judge Garland E. Burrell, Jr. on 7/9/2011 AFFIRMING Magistrate Judge Hollows' 6/16/2011 52 Order. (Marciel, M)
June 16, 2011 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Gregory G. Hollows on 6/15/11 ORDERING that petitioners request for a stay pending state court exhaustion of a claim of ineffective assistance of counsel, filed docket 45 , has been previously addressed and adjudicated, see docket entries 34 , 39 , 41 , and 43 ; and the hearing date for the motion for a stay, purportedly noticed for hearing before the undersigned on 7/21/11, is hereby VACATED.(Dillon, M)
May 10, 2011 Opinion or Order Filing 43 ORDER signed by Judge Garland E. Burrell, Jr on 5/10/11 ORDERING the findings and recommendations filed April 6, 2011, are adopted in full; Petitioner's motion to certify the court's March 16, 2011, order for appeal isdenied; Petitioner 9;s motion for a stay pending state court exhaustion of an ineffective assistance of counsel claim, leave to proceed upon which has previously been denied, also is denied; and Petitioner is granted fourteen days to file any supplemental points and au thorities to the operative amended petition filed by petitioner pro se; thereafter, respondent willbe granted fourteen days to file a response, including any procedural default dispositive motion, containing the standard elements of an answer; petitioner be granted seven days to file any reply to respondent's opposition/answer.(Matson, R)
April 6, 2011 Opinion or Order Filing 41 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 4/6/11 RECOMMENDING that Petitioners motion to certify the courts March 16, 2011, order for appeal be denied; Petitioners motion for a stay pending state court exhaustion o f an ineffective assistance of counsel claim, leave to proceed upon which has previously been denied, also be denied; Upon adoption of these findings and recommendations, petitioner be granted 14 days to file any supplemental points and authorities t o the operative amended petition filed by petitioner pro se; thereafter, respondent be granted 14 days to file a response, including any procedural default dispositive motion, containing the standard elements of an answer; petitioner be granted seven days to file any reply to respondents opposition/answer; 4 Amended Petition for Writ of Habeas Corpus referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
March 16, 2011 Opinion or Order Filing 39 ORDER signed by Judge Garland E. Burrell, Jr. on 3/15/2011 ORDERING 35 that, upon reconsideration, the order 34 of the magistrate judge is AFFIRMED. (Reader, L)
February 25, 2011 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/25/2010 GRANTING ptnr's 36 unopposed request for a stay, construed as a request to vacate the briefing schedule as set forth in th 1/28/11 order, pending a ruling on the reconsideration request. (Yin, K)
January 28, 2011 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/28/20 ORDERING 27 Petitioner's motion for discovery is DENIED, as is any leave to amend to set forth a claim of ineffective assistance of counsel; associated funding requests related to the denied discovery are also DENIED; Petitioner is GRANTED 28 days to file any supplemental points and authorities to the operative amended petition filed by petitioner pro se; thereafter, respondent will have 28 days to file a response; including any procedural default dispositive motion; Respondent's response shall contain the standard elements of an answer; Petitioner must file any reply to respondent's opposition/answer within 14 days thereafter. (Reader, L)
June 16, 2010 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Gregory G. Hollows on 06/15/10 ordering petitioner is informed that so long as he is represented by counsel, he is only to communicate with the court through his counsel. As to status, an order was filed on 05/17/10, granting an extension of time for petitioner to file an amended petition and, if necessary, a motion to stay by 08/11/10. No further pro se requests will be considered in this action while petitioner has counsel. In addition to serving counsel electronically, the clerk of the court is directed on this occasion only, to serve this order by mail upon petitioner at his Pelican Bay State Prison address. (cc: Petitioner at Pelican Bay Address from 25 . (Plummer, M)
February 22, 2010 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Gregory G. Hollows on 02/19/10 ordering petitioner has until 05/13/10, either to file supplemental points and authorities in support of the original petition or to file an amended petition. (See order for further details)(Plummer, M)
January 11, 2010 Opinion or Order Filing 18 CJA 20 signed by Magistrate Judge Gregory G. Hollows on 12/28/09. (Becknal, R)
October 30, 2009 Opinion or Order Filing 5 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/30/09 ORDERING that petitioner's 2 request to proceed IFP is GRANTED; the FD is appointed to represent petitioner; the clerk to serve a copy of the petition and this order on Carolyn Wiggin; w/in 30 days, the parties to file a joint scheduling statement; the clerk to serve a copy of this order, the order re consent w/ a copy of the petition on Michael Farrell. (cc: Carolyn Wiggin, Michael Farrell) (Yin, K)
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Petitioner: Robert Hayden Nesbitt, Jr.
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Respondent: Francisco Jacquez
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