Alexander v. Gower
Petitioner: Alexios Alexander
Respondent: R. Gower
Case Number: 2:2012cv00651
Filed: March 14, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Carolyn K. Delaney
Presiding Judge: William B. Shubb
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 24, 2015 Opinion or Order Filing 135 ORDER APPOINTING ATTORNEY signed by Senior Judge William B. Shubb on 11/13/2015 ADDING Attorney John Kevin Cotter for Alexios Alexander effective 11/3/2015, nunc pro tunc. (Michel, G.)
September 11, 2014 Opinion or Order Filing 118 ORDER signed by Senior Judge William B. Shubb on 9/10/14. This case is STAYED pending resolution by the appellate court of petitioner's appeal. (Manzer, C)
August 20, 2014 Opinion or Order Filing 112 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/19/14 recommending that petitioner's application for a writ of habeas corpus be denied; and this case be closed. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
July 29, 2014 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/29/2014 GRANTING 95 Motion to expand the record only to the extent that the affidavit executed by Kenneth Moses on 12/12/2013 (ECF No. 95 at 8-10): 1) is relevant to the petitioners claims; and 2) is not barred by Cullen v. Pinholster, 131 S. Ct. 1388, 1398 (2011). (Michel, G)
March 24, 2014 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/24/2014 ORDERING that Petitioner's 97 "motion to dismiss" is DENIED. Petitioner's 102 motion for entry of default is DENIED. Petitioner's 104 motion for default judgment is DENIED. Petitioner's 106 "request to schedule a hearing for all pending motions" is DENIED. Because petitioner's filing of frivolous motions is a burden on this court and impedes the proper prosecution of this a ction, petitioner shall not file any further motions until the court issues findings and recommendations as to petitioner's application for writ of habeas corpus and resolves petitioner's three pending motions (ECF Nos. 83 , 91 and 95 ). If petitioner files further motions, they will be disregarded and the court will consider dismissing this action for failure to follow court orders. (Zignago, K.)
December 30, 2013 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/30/13 DENYING 94 Motion to Appoint Counsel. (Dillon, M)
October 23, 2013 Opinion or Order Filing 85 ORDER signed by Senior Judge William B. Shubb on 10/23/13 ORDERING Petitioner requests a certificate of appealability pursuant to 28 U.S.C. § 2253 with respect to the court's 8/6/13 denial of petitioner's 7/29/13 motion for reconsidera tion. The provisions of 28 U.S.C. § 2253 concern whether a habeas petitioner can appeal final judgment in a habeas matter, not whether a petitioner can appeal an interlocutory order such as the court's denial of petitioner's motion for reconsideration. Therefore, IT IS HEREBY ORDERED that petitioner's 10/10/13 motion for a certificate of appealability (ECF No. 81 ) is denied. (cc USCA) (Becknal, R)
October 15, 2013 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/11/13 DENYING 78 Motion to Amend the Petition. (Manzer, C)
August 6, 2013 Opinion or Order Filing 75 ORDER signed by Senior Judge William B. Shubb on 8/5/2013 ORDERING that, upon reconsideration, the order of the magistrate judge filed 7/15/2013, is AFFIRMED. (Zignago, K.)
July 22, 2013 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/22/2013 DENYING petitioner's 43 "motion to expand and include the attached exhibits". (Yin, K)
July 15, 2013 Opinion or Order Filing 71 ORDER denying 62 Motion for discovery signed by Magistrate Judge Carolyn K. Delaney on 07/15/13. (Plummer, M)
January 9, 2013 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/9/13 DENYING 66 Motion to Appoint Counsel. (Dillon, M)
November 5, 2012 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/5/2012 ORDERING the Clerk to lodge the entire transcript of the 3/25/10 Superior Court proceedings which was recieved by the court on 10/25/2012; the Clerk to send a copy of the portion of the transcript which was sealed in state court to each party; and respondent has 60 days within to file his response to petitioner's application for writ of habeas corpus in accord with the court's 3/30/2012 order.(Yin, K)
October 29, 2012 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/29/12 ORDERING that the document filed by petitioner on August 2, 2012 will be disregarded. Petitioner is informed that if he wishes to amend the claims that are already before the court, he must file an amended petition which includes all of the claims petitioner wishes to pursue along with a motion in which petitioner explains why leave to amend should be granted.(Dillon, M)
October 23, 2012 Opinion or Order Filing 38 COPY OF ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/12 in case 2:12-cv-2028 vacating the 08/29/12 order, directing the clerk to refile petitioner's 08/02/12 pro se petition 1 together with a copy of this order in this case and closing 2:12-cv-2028. (Plummer, M)
September 13, 2012 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/13/2012 DENYING petitioner's 34 motion to compel. (Yin, K)
August 29, 2012 Opinion or Order Filing 33 ORDER denying 32 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 08/29/12. (Plummer, M)
August 8, 2012 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/8/2012 ORDERING the Clerk shall lodge the entire transcript of proceedings occurring in the Superior Court of El Dorado County on 2/19/2010 which was received by the court on 8/7/2012; the port ion of the court's 7/25/2012 27 Order granting the parties 14 days from the day the court received the transcript of the 2/19/2010 proceedings to file a motion to have the transcript unsealed is VACATED. [Two Reporter's Transcripts for proceedings held on 2/19/2010 received from chambers, lodged and routed to fileroom](Waggoner, D)
July 25, 2012 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/24/12; ORDERING that to the extent respondent has not done so already, respondent shall, forthwith, request that the Superior Court of El Dorado County transmit to this court, for filing under seal, complete copies of the transcripts of hearings occurring on 2/19/2010 and 3/25/2010 in criminal matters pertaining to petitioner. Within 14 days of receipt of the transcripts, either party may file a motion to have the transcripts unsealed. The parties are free to stipulate that the transcripts be unsealed. All other pending motions are denied and all other deadlines are vacated. To the extent petitioner wishes to file a motion for discovery, he should wait until after respondent files his answer. (Kastilahn, A)
June 25, 2012 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/22/2012 ORDERING that respondent shall, forthwith, ask the Superior Court of California, County of El Dorado, to transmit a copy of the transcript of the 2/19/10 hearing to this Court, for filing under seal; further briefing in this Court is DEFERRED pending this Court's receipt of the transcript, or until further order of this Court.(Yin, K)
May 22, 2012 Opinion or Order Filing 15 ORDER denying 14 Motion to Compel signed by Magistrate Judge Carolyn K. Delaney on 05/22/12. (Plummer, M)
May 7, 2012 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/7/2012 DENYING, without prejudice, petitioner's 11 request for appointment of counsel. (Yin, K)
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Petitioner: Alexios Alexander
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Respondent: R. Gower
Represented By: David Andrew Eldridge
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