Bailey v. The People of California
Petitioner: Dorian D. Bailey
Respondent: The People of California
Case Number: 2:2010cv00084
Filed: January 11, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Del Norte
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
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Date Filed Document Text
June 2, 2016 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/02/16 granting 84 , 85 Motion to unseal. The sealed documents referred to at document 70 which consist of confidential psychiatric reports, submitted to the state trial court shall be unsealed for use by petitioner's and respondent's trial counsel only. Dissemination of the documents described above shall be limited to counsel for the parties in this case and their staffs solely for the purposes of briefing and arguing the pending Ninth Circuit appeal and any subsequent Supreme Court appeal. Further dissemination to anyone else for any purpose is prohibited. Should counsel for either party wish to file any or all of the above documents in any appellate Court, they shall be filed under seal pursuant to the rules and permission of those courts. (Plummer, M)
January 30, 2015 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/29/2015 GRANTING both of petitioner's unopposed 72 , 73 motions; the parties may have until 3/6/2015 to file objections to the 1/26/2015 findings and recommendations; the sealed docu ments referred to at ECF No. 70 , which consist of confidential psychiatric reports submitted to the state trial court, shall be UNSEALED FOR THE USE OF THE PETITIONER'S AND RESPONDENT'S COUNSEL ONLY; dissemination of the documents describ ed above shall be limited to counsel for the parties in this case and their staffs and solely for the purposes of briefing any objections or responses to objections to the findings and recommendations in this case, further dissemination to anyone els e for any other purpose is PROHIBITED; should counsel for either party wish to file any or all of the above documents in this Court, they shall be filed UNDER SEAL; and the Clerk shall make copies of these documents available for inspection and copyi ng to counsel for petitioner Mark D. Eibert, Esq. and counsel for respondent Sean McCoy, Esq., and/or their designated staffs; if only one party copies the documents, they are authorized to provide copies to their opposing counsel to save prosecutorial and CJA resources. (Yin, K)
January 23, 2015 Opinion or Order Filing 71 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/22/15 recommending that the petition for writ of habeas corpus 1 be denied. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
August 17, 2012 Opinion or Order Filing 58 ORDER signed by Judge John A. Mendez on 8/17/12 ADOPTING IN PART AND REJECTING IN PART 51 Findings and Recommendations; DENYING 20 Motion to Dismiss. The Court adopts the Magistrate Judge's summation of the legal and factual background of th e case, the application of the mailbox rule, the findings of the relevant time period for the statute of limitations under AEDPA, and the synopsis of the evidentiary hearing. The Court rejects the Magistrate Judge's finding that Petitioner failed to show diligence under Bills and the Court rejects the recommendation that Respondent's Motion to Dismiss should be granted. (Meuleman, A) Modified on 8/17/2012 (Meuleman, A).
March 16, 2012 Opinion or Order Filing 51 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/16/12 RECOMMENDING that 20 MOTION to Dismiss be granted. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)
January 10, 2012 Opinion or Order Filing 45 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 1/9/12 ORDERING the Custodian to produce Dorian D. Bailey at 10:00 am on February 21, 2012 in Courtroom 26. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
January 5, 2012 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/05/12 ordering that petitioner's letter to the court 43 is disregarded. (Plummer, M)
September 28, 2011 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/11 ORDERING that the evidentiary hearing set for October 12, 2011 at 10:00 a.m. is VACATED. The Writ of Habeas Corpus ad Testificandum for petitioner is VACATED aswell. The hearing will be reset, and another writ issued for petitioner, following the filing of a stipulation by counsel for both parties no later than November 15, 2011. (cc OTCD)(Dillon, M)
August 18, 2011 Opinion or Order Filing 39 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 8/18/2011 ORDERING 38 the Custodian to produce Dorian D. Bailey at Evidentiary Hearing set for 10/12/2011 at 10:00 AM in Courtroom 26 (CKD) bef ore Magistrate Judge Carolyn K Delaney; Custodian is ORDERED to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Reader, L)
July 15, 2010 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/15/10 ORDERING that respondent is given 60 days from the date of this order in which to file a motion to dismiss; Petitioners opposition is due 30 days after the motion is filed; and respondents optional reply is due 14 days after the opposition is filed. (Dillon, M)
May 6, 2010 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/6/2010 ORDERING the parties may have until 6/9/2010 to file a Joint Scheduling Statement. (Yin, K)
April 5, 2010 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/2/2010 ORDERING that the FD is appointed to represent petitioner; the clerk to serve a copy of the petition and this order on David Porter; w/in 30 days, the parties shall file a joint scheduling statement; the clerk to serve a copy of this order, the Order re Consent; and the petition on Michael Farrell. Attorney David M. Porter for Dorian D. Bailey added. (cc: Michael Farrell) (Yin, K)
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Petitioner: Dorian D. Bailey
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Respondent: The People of California
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