Horning v. Cullen
Petitioner: Danny Ray Horning
Respondent: Vincent A. W. Cullen
Case Number: 2:2010cv01932
Filed: July 21, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: John A. Mendez
Nature of Suit: Death Penalty
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
August 27, 2021 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Dennis M. Cota on 08/26/21 ORDERING petitioner shall file a report on the status of state court exhaustion proceedings within 30 days of the date of this order.(Plummer, M)
October 5, 2012 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/5/2012 ORDERING the stay previously ordered in this cas is lifted temporarily only in respect to allow the filing of an amended claim; petitioner's 45 motion to strike respondent' ;s opposition to the motion to temporarily lift stay etc. is DENIED; petitioner's 43 request to amend the petition contained within the Motion to Temporarily Lift Stay is GRANTED; the 26 petition is AMENDED to contain Claim 10 G as set for th in the Motion to Temporarily Lift Stay etc., and is DEEMED SERVED upon respondent; in all respects, after the filing of this order, the 41 stay ordered by Judge Mendez REMAINS IN EFFECT; this order RESOLVES Docket #43 as well as Docket #45. (Yin, K)
January 19, 2012 Opinion or Order Filing 41 ORDER signed by Judge John A. Mendez on 1/18/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/18/11 40 are ADOPTED in full; Petitioner's Motion to Stay this Federal proceeding pending exhaustion of new claims in State Court 29 is GRANTED. (Mena-Sanchez, L)
November 28, 2011 Opinion or Order Filing 40 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/28/11 RECOMMENDING that 29 MOTION to STAY be granted. Referred to Judge John A. Mendez; Objections to F&R due within 20 days.(Dillon, M)
July 18, 2011 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/18/11 GRANTING 33 Motion for a continuance of the hearing for motion to stay proceedings to 9/15/11. (Dillon, M)
July 13, 2011 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/12/11 GRANTING 28 Lodgement of Sealed Claim and Exhibits in Support of Petitioner's State Habeas Corpus Petition filed by Danny Ray Horning. The court is ORDERING these lodgments sealed only because the federal case may be stayed for further proceedings in state court, and on the representation of counsel that some of the documents to be sealed are confidential by law. However, this order to seal will expire when any further referen ce to the materials is made in federal court after a decision to stay for state exhaustion, or not stay, has been made; after such time individual sealing determinations will have to be made. This order also has no effect on what may need to be the subject of a state court sealing order on exhaustion. (Meuleman, A)
July 6, 2011 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/6/11 AUTHORIZING that in this case petitioner's federal counsel may engage in state exhaustion proceedings in the event this court agrees to stay the processing of the federal petition pen ding exhaustion proceedings. This permission applies to all claims presented on state exhaustion as it makes little sense logistically to sever the claim(s) on which the 60 day equitable tolling of the entire federal petitions timely filing date was based from all other to-be-exhausted claims. The above authorization is without prejudice to any argument respondent has, or desires to preserve, regarding statute of limitations issues.(Meuleman, A)
March 22, 2011 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Gregory G. Hollows on 03/21/11 ordering petitioner's motion to equitably toll the AEDPA limitations period 13 is granted on the basis of the newly discovered letter. The undersigned finds that an extension of 60 days should be sufficient to performa a good faith investigation. However, not only must the petition be filed no later than 07/11/11, any motion/stipulation to stay the federal petition pending exhaustion must be filed by that time as well.(Plummer, M)
March 10, 2011 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Gregory G. Hollows on 3/9/11 GRANTING 18 Motion to File Declaration of Lissa Gardner under SEAL. (Donati, J)
February 24, 2011 Opinion or Order Filing 14 STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 2/23/11 ORDERING that Respondent shall serve and file any response to the motion no later than 5:00 p.m., Thursday, March 3, 2011. This Court will hear Petitioners motion on Thursday, March 17, 2011, at 10:00 a.m.(Dillon, M)
July 22, 2010 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Gregory G. Hollows on 07/22/10 ordering the Federal Defender is appointed to represent petitioner. Petitioner is approved to proceed in forma pauperis in this case 2 . A status conference is set for 08/19/10 at 10:0 0 a.m. in the courtroom of the undersigned. Petitioner's application for stay of execution will be deferred until such time as any proceedings have been commenced in state court to set an execution date. This order shall be served upon the counsel appearing in the docket as of this date. (Plummer, M)
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Petitioner: Danny Ray Horning
Represented By: Joseph Schlesinger
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Respondent: Vincent A. W. Cullen
Represented By: Ward Allen Campbell
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