Berry v. Jacquez
Petitioner: Donald Joseph Berry
Respondent: Francisco Jacquez
Case Number: 2:2010cv00305
Filed: February 5, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Del Norte
Presiding Judge: John F. Moulds
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

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Date Filed Document Text
October 20, 2014 Opinion or Order Filing 69 MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 10/20/14: The Amended Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED THAT this Court issues a C ertificate of Appealability only with respect to Berry's interrelated claims that the first line of CALJIC 8.51 violated his right to due process and was not harmless error, and that trial counsel was ineffective in failing to object to that instruction. This Court declines to issues a Certificate of Appealability with respect to the remainder of Berry's claims. The Clerk of the Court is to enter judgment accordingly. (Kaminski, H)
January 4, 2013 Opinion or Order Filing 64 STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 1/3/13: Petitioner's Reply Brief is due February 8, 2013.(Kaminski, H)
December 2, 2011 Opinion or Order Filing 52 ORDER signed by Judge William B. Shubb on 12/1/11 ORDERING that the Findings and Recommendations filed October 5, 2011, are Adopted in Full; and Petitioner's April 11, 2011 request to STAY this action is GRANTED. (Becknal, R)
November 23, 2011 Opinion or Order Filing 50 STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 11/22/11 ordering that the deadline for petitioner to file a response to respondent's objections to the findings and recommendations is continued to Friday, 12/02/11. (Plummer, M)
October 5, 2011 Opinion or Order Filing 45 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 10/04/11 ORDERING that petitioner's motion to amend is granted. Also, RECOMMENDING that petitioner's request to stay this action be granted. MOTION to STAY 37 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
September 2, 2011 Opinion or Order Filing 43 ORDER signed by Magistrate Judge John F. Moulds on 9/1/2011 re 42 ORDERING that the deadline for Petitioner to submit supplemental briefing evidencing the nature of his "mental health problems," is CONTINUED to Wednesday, September 14, 2011. (Duong, D)
August 31, 2011 Opinion or Order Filing 41 ORDER signed by Magistrate Judge John F. Moulds on 8/29/11 ORDERING that petitioner shall submit, within 7 days of the date of this order, supplemental briefing evidencing the nature of his mental health problems. (Dillon, M)
May 16, 2011 Opinion or Order Filing 40 ORDER denying 25 Motion for competency hearing signed by Magistrate Judge John F. Moulds on 05/13/11. (Plummer, M)
January 28, 2011 Opinion or Order Filing 32 ORDER signed by Magistrate Judge John F. Moulds on 1/27/11 ORDERING that John Balazs, Attorney at Law, shall be substituted in as appointed counsel for petitioner in place of the Office of the Federal Defender for the Eastern District of California.(Dillon, M)
January 20, 2011 Opinion or Order Filing 28 ORDER signed by Magistrate Judge John F. Moulds on 1/18/2011 ORDERING that the FD is appointed to represent ptnr; the clerk to serve a copy of the petition and this order on David Porter; ptnr's counsel shall contact the clerk's office to m ake arrangements for copies; a status conference is SET for 3/31/2011 at 11:00 AM in Courtroom 26 before Magistrate Judge John F. Moulds; all parties to appear at the status conference by counsel; 14 days prior to the conference, the parties shall file and serve status reports. (Yin, K)
October 19, 2010 Opinion or Order Filing 26 ORDER signed by Magistrate Judge John F. Moulds on 10/19/10 ordering this matter is referred to the Federal Defender for the Eastern District of California who shall, within 15 days, report to the court whether petitioner qualifies for appointment of counsel and, if so, whether Mr. Bonneau should be appointed to represent him. The clerk of the court is directed to send a copy of this order to the Federal Defender's Office, 801 I Street, 3rd floor, Sacramento, CA 95814. (cc: Federal Defender)(Plummer, M)
August 11, 2010 Opinion or Order Filing 22 ORDER signed by Magistrate Judge John F. Moulds on 8/10/2010 DENYING, w/out prejudice, ptnr's 21 request for appointment of counsel. (Yin, K)
March 30, 2010 Opinion or Order Filing 7 ORDER signed by Magistrate Judge John F. Moulds on 3/29/2010 DIRECTING respondent to file a response to the petition w/in 45 days; traverse due w/in 30 days of answer; 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)
February 17, 2010 Opinion or Order Filing 3 ORDER signed by Magistrate Judge John F. Moulds on 2/16/10 ORDERING that petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)
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Petitioner: Donald Joseph Berry
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Respondent: Francisco Jacquez
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