O'Brien v. McEwen
Petitioner: Sean Alan O'Brien
Respondent: Leland McEwen
Case Number: 2:2010cv02472
Filed: September 13, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: El Dorado
Presiding Judge: Kimberly J. Mueller
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
November 6, 2020 Opinion or Order Filing 109 ORDER signed by Senior Judge Morrison C. England, Jr., on 11/5/2020 DECLINING to issue the certificate of appealability referenced in 28 U.S.C. § 2253. (Kastilahn, A)
October 6, 2020 Opinion or Order Filing 103 ORDER signed by Senior Judge Morrison C. England, Jr., on 10/5/2020 ADOPTING 98 Findings and Recommendations and DENYING 1 petitioner's application for a writ of habeas corpus. CASE CLOSED (Kastilahn, A)
October 30, 2019 Opinion or Order Filing 98 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/29/19 RECOMMENDING that petitioner's application for a writ of habeas corpus be denied. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
July 21, 2017 Opinion or Order Filing 89 ORDER GRANTING EXTENSION OF TIME signed by Magistrate Judge Carolyn K. Delaney on 7/21/2017. Respondent's Motion for Extension (ECF No. 88 ) is granted. Respondent's response to the petition shall be filed on or before August 10, 2017. (Owen, K)
January 20, 2017 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/20/17 GRANTING 78 Motion to Withdraw as Attorney. Attorney Scott L. Tedmon terminated. The record shall reflect that co-counsel David A. Nickerson continues to represent petitioner Sean Alan OBrien in this case.(Dillon, M)
January 9, 2017 Opinion or Order Filing 75 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 1/09/17 ordering the Custodian to produce William James Wellman on 1/17/17 at 9:00 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delane y. 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)(3 certified copies of wri t sent to the Warden, Valley State Prison)(Courtesy copy sent by fax to the litigation coordinator at Valley State Prison at 559-665-6102)(Faxed a copy with the certification stamp pursuant to Litigation Coordinator's request on 1/09/17)(Plummer, M) Modified on 1/9/2017 (Plummer, M). Modified on 1/9/2017 (Plummer, M).
October 3, 2016 Opinion or Order Filing 61 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 10/3/16 ORDERING the Custodian to produce Sean A. O'Brien at 9:00 am on 1/17/17 in Courtroom 24 before Judge Carolyn K. Delaney. Custodi an 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, 3 certified copies served on Warden)(Dillon, M)
July 14, 2016 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/16 ordering No later than forty-five (45) days from the date of this order, petitioner shall file a list of witnesses he intends to call at the evidentiary hearing, excluding Clark and Wins low. As to each intended witness, petitioner shall make a proffer of testimony in light of the Cannedy standard. Upon review of petitioners witness list and proffer, the court will make a determination whether to expand the scope of the evidentiary hearing to include witnesses other than Clark and Winslow. (Plummer, M)
March 31, 2016 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/30/2016 ORDERING the parties shall file, no later than 7/1/2016, a Joint Status Report, no more than 5 pages in length, on the evidence to be presented at the evidentiary hearing and any relat ed matters. Prior to filing any dsicovery motions, the parties shall utilize the court's informal procedure for resolving discovery disputes. As to the case file of petitioner's trial counsel, James Clark, attorney-client privilege is waived with respect to petitioner's ineffective assistance claims in this matter, such that Clark may turn over the file and discuss its contents.(Yin, K)
September 2, 2015 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/01/15 ordering ( Status Conference set for 10/7/2015 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) (Plummer, M)
April 16, 2014 Opinion or Order Filing 31 ORDER signed by Chief Judge Morrison C. England, Jr. on 4/15/2014 ADOPTING IN FULL 27 Findings and Recommendations; DENYING 1 Petition for Writ of Habeas Corpus; ISSUING a Certificate of Appealability with respect to whether Petitioner's trial attorney Clark rendered ineffective assistance of counsel. See 28 U.S.C. § 2253. CASE CLOSED. (Michel, G)
August 19, 2013 Opinion or Order Filing 27 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/16/13 recommending that the petition 1 be denied and this case be closed. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Petitioner: Sean Alan O'Brien
Represented By: David Allen Nickerson
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Respondent: Leland McEwen
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