Smith v. McDonald
| Charles Ray Smith |
| M. McDonald |
| 2:2009cv02967 |
| October 23, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Gregory G. Hollows |
| Gregory G. Hollows |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
55
ORDER signed by Chief Judge Morrison C. England, Jr. on 3/8/2013 FINDINGS AND RECOMMENDATIONS 53 are ADOPTED in FULL; the 52 request for Lift of Stay imposed by order 51 is GRANTED and the Stay is LIFTED; petitioner's request to dismiss hi s Strickland ineffective assistance of counsel claim is GRANTED; a Certificate of Appealability is DENIED in regard to the Strickland claim; a Certificate of Appealability is GRANTED for the Chronic claim; and final judgment is ENTERED and the Clerk of the Court is directed to close the case. CASE CLOSED(Reader, L)
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Filing
53
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/15/2103 RECOMMENDING that the stay imposed by 51 Order be lifted; RECOMMENDING that Petitioner's Request to Dismiss his Strickland ineffective assistance of counsel claim be granted; RECOMMENDING that a Certificate of Appealability should not issue in regard to Petitioner's Strickland claim; RECOMMENDING that a Certificate of Appealability be granted as to Petitioner's Chronic claim; RECOMMENDING that final judgment be entered. Referred to Chief Judge Morrison C. England, Jr. Objections due within 20 days. (Michel, G)
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Filing
50
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 02/28/12 ORDERING that petitioner's request for an evidentiary hearing on the Cronic claim 39 is denied. Also, RECOMMENDING that the Cronic claim be denied on its merits; and this case be stayed while petitioner exhausts a Strickland ineffective assistance of counsel claim in the state courts. Referred to Judge Morrison C. England Jr. Objections due within 20 days.(Plummer, M)
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Filing
47
ORDER signed by Magistrate Judge Gregory G. Hollows on 1/4/2012 ORDERING that within 21 days, both parties shall file a simultaneous briefing regarding Gonzalez and its application to the instant case.(Yin, K)
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Filing
42
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/06/11 ordering petitioner filed a motion for an evidentiary hearing (second amended notice) and set it for argument on 10/13/11 39 . However, the hearing is approximately 1 week away and respondent has not file an opposition or a statement of non-opposition. Nevertheless, the hearing shall go forward on the scheduled date. Whether respondent will be heard depends on the reason why no opposition was filed. (Plummer, M)
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Filing
40
ORDER GRANTING 37 Motion to Seal signed by Magistrate Judge Gregory G. Hollows on 09/13/11; the Documents and the 37 request are to be filed UNDER SEAL, permitting Deputy Attorney General Mark Anthony Johnson access to these documents unless otherwise ordered by this Court at a later time. (Benson, A.)
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Filing
33
ORDER signed by Judge Morrison C. England, Jr on 2/18/2011 ORDERING thatthe 28 findings and recommendations filed January 5, 2011, are adopted in full. Petitioner's remaining claims - other than the ineffective assistance of counsel claim with respect to the competency hearing, where counsel has been appointed to aid in providing a more complete analysis and representation of what occurred - for writ of habeas corpus are DENIED.(Duong, D)
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Filing
32
ORDER signed by Magistrate Judge Gregory G. Hollows on 2/15/11 ORDERING that petitioner will be given 90 days from the date of this order to determine if formal discovery, motions or an evidentiary hearing will be necessary. Petitioner shall file an appropriate motion at the expiration of the 90 days, or state that no motion will be filed and the matter may be decided on the papers.(Dillon, M)
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Filing
28
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/4/11 ORDERING that the Federal Defender is appointed to represent petitioner solely for the ineffective assistance of counsel claim with respect to the competen cy hearing to aid in providing a more complete analysis and representation of what occurred; the Clerk of the Court is directed to serve a copy of the petition and this order on David Porter, Assistant Federal Defender. Within 28 days of this order, the parties shall file a joint scheduling statement. It is RECOMMENDED that petitioners remaining claims for writ of habeas corpus be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (cc David Porter) (Dillon, M)
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Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/3/10 DENYING 14 Motion to Appoint Counsel without prejudice. (Dillon, M)
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Filing
4
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/17/09 ORDERING htat petitioner's 2 application to proceed IFP is GRANTED; respondents 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; 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: Charles Ray Smith | |
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| Respondent: M. McDonald | |
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