Joseph v. Swarthout
Petitioner: John Gonzales Joseph
Respondent: Gary Swarthout
Case Number: 2:2011cv00260
Filed: January 27, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Gregory G. Hollows
Presiding Judge: John A. Mendez
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 24, 2014 Opinion or Order Filing 35 MEMORANDUM and ORDER signed by Senior Judge James K. Singleton on 3/21/2014. Petitioner's 1 Application for Writ of Habeas Corpus pursuant to 28 USC 2254 is DENIED. Further, the Court is DECLINING to issue Certificate of Appealability. Clerk to enter Judgment accordingly. (Marciel, M)
February 23, 2012 Opinion or Order Filing 29 ORDER signed by Judge John A. Mendez on 2/22/2012 ORDERING that the 26 findings and recommendations filed 12/13/2011, are ADOPTED IN FULL. Respondent's 23 motion to dismiss, filed on 6/27/2011 is DENIED. Respondent is directed to file an answer as to claim 1 within sixty (60) days, and thereafter, within sixty days, petitioner is directed to file any reply/traverse. (Zignago, K.)
December 13, 2011 Opinion or Order Filing 26 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/12/11 RECOMMENDING that 23 MOTION to Dismiss be denied; and Respondent be directed to file an answer as to claim 1 within 60 days of adoption of these findings and recommendations should that occur, and thereafter, within 60 days, petitioner be directed to file any reply/traverse. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
March 4, 2011 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Gregory G. Hollows on 03/03/11 ordering that Keith Wattley, 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. (Plummer, M)
February 25, 2011 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/24/11 GRANTING 7 Motion to Appoint Counsel and the Federal Defender is appointed to represent petitioner; Federal Defender may substitute Keith Wattley of the law firm UnCommon Law, as petiti oners counsel, particularly as he is petitioners choice for counsel; Petitioner will have an additional 28 days to file objections to the 5 Findings and Recommendations. Clerk of the Court is directed to serve a copy of this order, a copy of the p etition, and a copy of the 5 Findings and Recommendations, on David Porter, Assistant Federal Defender. The Clerk of the Court shall serve a copy of this order, theconsent/reassignment form, a copy of the Findings and Recommendations and a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell. (cc Federal Defender, Michael Farrell)(Dillon, M)
February 7, 2011 Opinion or Order Filing 5 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/7/11 ORDERING that a district judge be assigned to thiscase; RECOMMENDING that claims 2 and 3 be dismissed from this petition and this matter proceed only as to claim 1 re 1 Petition for Writ of Habeas Corpus. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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Respondent: Gary Swarthout
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Petitioner: John Gonzales Joseph
Represented By: Keith Allen Wattley
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