Chatman v. Evans
Petitioner: Larry A. Chatman
Respondent: M. S. Evans
Case Number: 2:2010cv00264
Filed: February 2, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kimberly J. Mueller
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

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 25, 2020 Opinion or Order Filing 122 ORDER signed by Chief District Judge Kimberly J. Mueller on 2/24/2020 DENYING 121 Request for trial transcript before Solano County Superior Court. (Reader, L)
January 9, 2020 Opinion or Order Filing 120 ORDER signed by District Judge Kimberly J. Mueller on 1/8/2020 DENYING, as moot, petitioner's 118 Request for Judicial Notice. (Zignago, K.)
December 4, 2019 Opinion or Order Filing 117 ORDER signed by District Judge Kimberly J. Mueller on 12/3/2019 ORDERING that the Clerk is directed to serve a copy of this order on petitioner's counsel, on petitioner at the California Substance Abuse Treatment Facility, and on respondent. Within fourteen (14) days, counsel for petitioner and respondent may file a response, if any they have, to the contentions raisedin petitioner's 116 letter. (Zignago, K.)
October 4, 2018 Opinion or Order Filing 111 ORDER AND SUPERSEDING FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/4/2018 ORDERING the Clerk shall terminate the 99 Findings and Recommendations filed on 4/2/2018, as they are superseded by the findings and recom mendations herein; and RECOMMENDING petitioner's 64 second amended habeas corpus application be granted on petitioner's claim his trial attorney was ineffective for failing to investigate and present his mental health history as a defense to the attempted premeditated murder charge. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days. (Yin, K) Modified on 10/4/2018 (Yin, K).
May 2, 2018 Opinion or Order Filing 107 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 05/01/18 ORDERING the Custodian to produce Larry A. Chatman by video conference on 08/07/18 at 10:00 a.m. in courtroom 26 before Magistrate J udge Allison Claire. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento)(3 certified copies served on the Warden, Folsom State Prison)(Plummer, M) Modified on 5/2/2018 (Plummer, M).
April 20, 2018 Opinion or Order Filing 106 ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 04/19/18 ORDERING the Custodian to produce Larry Chatman by video conference on 5/04/18 at 10:00 a.m. in courtroom 26 before Magistrate Judge Allison Claire. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: AC & I.T. Dept. Sacramento)(3 certified copies of writ served on the Warden, Folsom State Prison) (Plummer, M) Modified on 4/20/2018 (Plummer, M).
April 11, 2018 Opinion or Order Filing 102 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 4/11/18 ORDERING the Custodian to produce Larry A. Chatman by video conference on 4/19/18 at 9:00 a.m. in courtroom #26 before Magistrate Judge A llison Claire. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian. (cc: AC & I.T. Dept, Sacramento)(3 certified copies sent to the Warden, FSP. Courtesy copy sent by fax to FSP litigation coordinator at 916-351-3086) (Plummer, M) Modified on 4/11/2018 (Plummer, M).
April 2, 2018 Opinion or Order Filing 99 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/2/2018: It is recommended that petitioner's second amended application for a writ of habeas corpus be granted with respect to the IAC claim. These findings and recommendations are submitted to the assigned District Judge; however, the undersigned will not set a briefing schedule for objections at this time. Instead, the court has scheduled a settlement conference in this matter by separate order filed concurrently herewith.Thus, it is further ordered that the objection period is stayed pending further order of the court. (Owen, K)
March 1, 2018 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/1/2018 ORDERING that within 30 days petitioner shall file an affidavit addressing: 1) whether he had any access to legal assistance during the 40 day appeal window; and, 2) whether petitioner received sufficient notice of the denial of his direct appeal by the California Court of Appeal from his appellate counsel in order to timely file a pro se petition for review. Any request for an extension of time is highly disfavored. The parties are advised that Findings and Recommendations will issue immediately after the court's receipt of petitioner's affidavit. No additional briefing schedule will be set by the court. (Zignago, K.)
January 20, 2017 Opinion or Order Filing 90 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/20/17 GRANTING 89 Motion for Extension of time. Petitioner may file a Reply to respondent's Answer on or before January 31, 2017.(Dillon, M)
October 6, 2016 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/06/16 ordering that respondents Exhibit 14 be filed under seal. (Plummer, M)
February 3, 2016 Opinion or Order Filing 72 ORDER signed by District Judge Kimberly J. Mueller on 2/3/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/15/15 69 are ADOPTED in part; Petitioner's MOTION to AMEND 65 is GRANTED; Petitioner's MOTION to STAY this action pending exhaustion of state remedies as to new claims in the second amended petition ECF No. 66 is DENIED as moot; and This matter is referred back to the assigned magistrate judge for further proceedings.(Mena-Sanchez, L)
October 15, 2015 Opinion or Order Filing 69 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/15/15 RECOMMENDING that petitioners motion to amend (ECF No. 65 ) be GRANTED; Petitioners motion to stay this action pending exhaustion of state remedies as to new clai ms in the second amended petition (ECF No. 66 ) be GRANTED; Petitioner be directed to file a request to lift the stay within 30 days of a decision by the California Supreme Court concluding state habeas review; and the Clerk be directed to administratively close this case for purposes of case status pending exhaustion. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
March 16, 2015 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/13/15 denying 58 Motion to Amend and stay without prejudice to renewal. (Plummer, M)
January 12, 2015 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/12/15 ordering this court's 12/12/14 order is hereby vacated. (Plummer, M)
December 12, 2014 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/11/14 ordering that within 30 days of the date of this order, petitioner shall notify the court how he wishes to proceed in this action as set forth above. (Plummer, M)
September 14, 2011 Opinion or Order Filing 39 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/14/2011. Petitioner's 35 Motion to Amend and Stay is DENIED without prejudice. Court is RECOMMENDING that respondent's 12 Motion to Dismiss for untimeliness be granted and this action be closed. These F/Rs are submitted District Judge Kimberly J. Mueller. Objections to F/Rs are due within 14 days after being served. (Marciel, M)
April 4, 2011 Opinion or Order Filing 34 ORDER signed by District Judge Kimberly J. Mueller on 4/1/11 ORDERING the court declines to adopt the findings and recommendations and refers the case back to the Magistrate Judge for consideration of the impact of this new material on the findings and recommendations.(Matson, R)
March 10, 2011 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/11 DENYING 31 Request for Judicial Notice. (Dillon, M)
February 9, 2011 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/2011 ORDERING that ptnr's 21 motion to amend and motion for a stay are DENIED. (Yin, K)
January 12, 2011 Opinion or Order Filing 25 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 01/11/11 recommending that respondent's motion to dismiss 12 be granted. Motion to Dismiss 12 referred to Judge Frank C. Damrell. Objections due within 21 days. (Plummer, M)
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Petitioner: Larry A. Chatman
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Respondent: M. S. Evans
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