Howard v. Martel
Petitioner: Gerald Howard
Respondent: M. Martel
Case Number: 2:2011cv00991
Filed: April 13, 2011
Court: U.S. District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Craig M. Kellison
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
April 10, 2015 Opinion or Order Filing 70 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 04/10/15 recommending that the petition for writ of habeas corpus [49-1] be denied. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
February 7, 2014 Opinion or Order Filing 68 ORDER denying 62 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 02/07/14. (Plummer, M)
January 31, 2014 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/31/14 GRANTING 65 Request; the Declaration of Attorney Krista Hart in Response to Mr. Howards Claim of 'Severe Incompatibility' is hereby ordered filed ex parte and under seal.(Dillon, M)
December 30, 2013 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/30/13 ORDERING that within 30 days, petitioners appointed counsel will file a response to petitioners 62 motion to appoint new counsel. (Dillon, M)
August 28, 2013 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/28/13 ORDERING that The Clerk of Court shall re-open this action, lifting the administrative stay; Respondent is directed to file a response to petitioners amended habeas petition within sixty days from the date of this order.(Dillon, M)
September 27, 2012 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/26/12 ordering petitioner's motion for a Rhines stay 49 is granted, pending exhaustion of Claim 3 in the amended petition. Petitioner is directed to inform this court and file a reques t to lift the stay within 30 days of a decision by the California Supreme Court concluding state habeas review. Failure to timely inform the court will result in dismissal of the federal claim. The clerk shall administratively close this case for purposes of case status pending exhaustion. (Plummer, M)
October 31, 2011 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/31/11: The order to show cause is discharged 31 . Petitioner's motion for a 30-day extension of time is denied as moot 27 , as petitioner has until December 19, 2011 to file an amended petition. (Kaminski, H)
October 19, 2011 Opinion or Order Filing 31 ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 10/19/11 ORDERING that within 5 days from the date of this order respondent shall file and serve papers SHOWING CAUSE why sanctions should not be imposed for Mr. Eldridge's failure to timely appear for status conference. (Donati, J)
October 5, 2011 Opinion or Order Filing 26 CJA 20 Appointment signed by Magistrate Judge Carolyn K. Delaney on 9/13/11 appointing Krista Hart as counsel for petitioner. (Meuleman, A)
August 26, 2011 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/25/2011. Petitioner's 8/17/2011 18 Motion to Appoint Counsel is GRANTED and attorney David M. Porter is APPOINTED as counsel for Gerald Howard. Status Conference set for 10/19/2011 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Marciel, M)
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Petitioner: Gerald Howard
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Respondent: M. Martel
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