Maury v. Martel
Petitioner: Robert Edward Maury
Respondent: Michael Martel
Case Number: 2:2012cv01043
Filed: April 19, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Shasta
Presiding Judge: Dale A. Drozd
Presiding Judge: William B. Shubb
Nature of Suit: Death Penalty
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
September 27, 2022 Opinion or Order Filing 205 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/26/2022 RECOMMENDING that 195 Motion to Supplement the Petition be denied without prejudice. Referred to District Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
May 26, 2021 Opinion or Order Filing 199 ORDER signed by Magistrate Judge Deborah Barnes on 5/25/21 ORDERING the stay of these proceedings expired on 3/02/21. The clerk of the court is hereby ordered to removed the stay flag from the docket.(Plummer, M)
January 5, 2021 Opinion or Order Filing 193 ORDER signed by Senior Judge William B. Shubb on 1/5/2021 ADOPTING 192 Findings and Recommendations in full; GRANTING 187 Motion to stay proceedings as follows: Proceedings are STAYED through 3/1/2021 and Petitioner is entitled to equitable tolling of the statute of limitations for the period from 3/11/2020 through 3/1/2021. (Mena-Sanchez, L)
November 19, 2020 Opinion or Order Filing 192 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/18/20 RECOMMENDING that petitioner's motion to stay these proceedings and equitably toll the statute of limitations 187 be granted as follows: 1. These proceedings be stayed until 03/01/21; and petitioner be entitled to equitable tolling of the statute of limitations for the period from 03/11/20 through 03/01/21. Motion 187 referred to Judge William B. Shubb. Objections due within 14 days.(Plummer, M)
November 18, 2020 Opinion or Order Filing 191 ORDER signed by Magistrate Judge Deborah Barnes on 11/18/20 GRANTING 190 petitioner's motion. Petitioner is excused from compliance with Local Rule220 and may file a supplement in order to amend his petition. (Plummer, M)
October 2, 2020 Opinion or Order Filing 186 ORDER signed by Senior Judge William B. Shubb on 10/2/2020 ADOPTING the findings and recommendations filed 8/28/2020 in full; GRANTING Petitioner's motion to stay these proceedings and equitably toll the statue of limitations (ECF No. 179 ); STAYING these proceedings through 11/ 26/2020; and Petitioner is entitled to equitable tolling of the statute of limitations for an additional 90 days through 9/7/2020. (Becknal, R)
August 28, 2020 Opinion or Order Filing 183 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/27/20 recommending that petitioner's motion to stay these proceedings and equitably toll the statute of limitations 179 be granted as follows: These proceedings be stayed through 11/26/20 and petitioner be entitled to equitable tolling of the statute of limitations for an additional 90 days, through September 7, 2020. Motion 179 referred to Judge William B. Shubb. Objections due within 30 days. (Plummer, M)
June 9, 2020 Opinion or Order Filing 178 ORDER signed by Senior Judge William B. Shubb on 6/8/2020 ADOPTING 177 Findings and Recommendations in full. Petitioner's 173 motion for an extension of the stay of these proceedings is GRANTED and these proceedings are STAYED through 8/28/2020. Petitioner's 173 motion for equitable tolling of the statute of limitations is GRANTED for a 90-day period starting 3/11/2020. (Zignago, K.)
April 21, 2020 Opinion or Order Filing 177 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 04/20/20 RECOMMENDING that petitioner's motion for an extension of the stay of these proceedings 173 be granted and these proceedings be stayed through 8/28/20. Petitioner's motion for equitable tolling of the statute of limitations 173 be granted for a 90 day period starting 3/11/20. Motion 173 referred to Judge William B. Shubb. Objections due within 30 days. (Plummer, M)
April 9, 2020 Opinion or Order Filing 175 ORDER signed by Magistrate Judge Deborah Barnes on 4/08/20 ORDERING petitioner seeks an extension of the stay of these proceedings through August 28, 2020,and equitable tolling of the statute of limitations for the time period from March 11 to August 28, 2020. 173 Within 21 days of the date of this order, respondent shall file a response. Within 10 days after respondents filing, petitioner may file a reply. This court will then consider the motion without oral argument.(Plummer, M)
April 1, 2020 Opinion or Order Filing 172 ORDER signed by Senior Judge William B. Shubb on 3/31/2020 ADOPTING 171 Findings and Recommendations in full and GRANTING 169 Motion to Stay. These proceedings are STAYED and ADMINISTRATIVELY CLOSED through 5/30/2020. Petitioner shall file a notice prior to the end of the stay informing the court if he will seek to amend the petition. CASE ADMINISTRATIVELY CLOSED. (York, M)
October 7, 2019 Opinion or Order Filing 171 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/4/2019 RECOMMENDING 169 Motion to Stay be granted, these proceedings be stayed and administratively closed through 5/30/2020, and Petitioner be ordered to file a notice prior to the end of the stay informing the court if he will seek to amend the petition. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
May 29, 2019 Opinion or Order Filing 167 ORDER signed by Magistrate Judge Deborah Barnes on 05/28/19 ORDERING the following counsel is appointed to represent petitioner in this case, Federal Public Defender, 411 E. Bonneville Avenue, Las Vegas, Nevada 89101. The clerk of the court is dire cted to file under seal the Selection Board's 05/22/19 letter to the undersigned. In addition, to serving this order upon counsel, the Clerk is directed to serve it upon Kurt Heiser, CJA Administrator, Office of the Federal Defender for the Eastern District of California. (Copy of this order served by mail on the Federal Public Defender at the address on this order, A copy of this order served on Kurt Heiser by email.)(Plummer, M)
May 30, 2017 Opinion or Order Filing 160 ORDER signed by Magistrate Judge Deborah Barnes on 5/26/2017 GRANTING 158 Request for Extension of Time. Respondent to file any sur-reply by 11/22/2017. (Henshaw, R)
February 14, 2017 Opinion or Order Filing 137 ORDER signed by Magistrate Judge Deborah Barnes on 2/14/17 ORDERING that 136 Motion for Extension of time is GRANTED; Petitioner shall file his reply brief by February 21, 2017. Respondent shall file any sur-reply brief by April 24, 2017.(Dillon, M)
February 1, 2017 Opinion or Order Filing 133 ORDER signed by Magistrate Judge Deborah Barnes on 1/31/17 GRANTING 132 Motion for Extension of time. Petitioner shall file his reply brief by February 6, 2017. Respondent shall file any sur-reply brief by April 7, 2017.(Dillon, M)
October 14, 2015 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Dale A. Drozd on 10/13/15 ordering on 10/07/15, both of petitioner's counsel filed a motion to withdraw as the attorneys of record for petitioner in this action 60 . On 10/12/15, respondent filed a notice that he intended to oppose the motion. By 10/19/15, respondent shall file any opposition to the motion to withdraw. By 10/23/15, petitioner's counsel shall file any reply. If necessary for privacy purposes, petitioner's counsel may seek to file additional information in connection with the motion under seal. (Plummer, M)
July 29, 2014 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/2014 GRANTING 49 Motion for 90-Day Extension of Time; ORDERING that petitioner to file his reply brief re 48 Answer to Petition for Writ of Habeas Corpus by 10/27/2014; ORDERING the respondent to file any sur-reply by 12/23/2014. (Michel, G)
November 13, 2013 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Dale A. Drozd on 11/12/13 ordering that respondent's 11/12/13 application to modify scheduling order 44 is granted. Respondent shall file his answering brief by 12/11/13. (Plummer, M)
August 7, 2013 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Dale A. Drozd on 08/06/13 granting 42 Motion for extension of time. Respondent shall file his answering brief by 11/13/13. (Plummer, M)
December 10, 2012 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Dale A. Drozd on 12/10/2012 ORDERING that by 3/13/2013, respondent shall file a status report advising the court of his progress on the preparation of his answer. By 5/13/2013, respondent shall file an answer. By 11/ 13/2013, petitioner shall file a reply. By 12/13/2013, respondent shall file a status report to advise the court whether he intends to file a sur-reply. If he does, the sur-reply shall be filed by 2/13/2014. If he does not, the court will schedule a status conference at that time. By 1/13/2013, petitioner's counsel shall file under seal a proposed budget for their time anticipated to be expended from 10/25/2012 through the filing of the reply. The case management conference set for 12/13/2012 is VACATED. Counsel's requests to appear telephonically at that status conference are DISMISSED AS MOOT. (Zignago, K.)
August 28, 2012 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Dale A. Drozd on 08/27/12 ordering respondent's 08/10/12 request to seal documents is granted. The clerk of the court is directed to: 1) file under seal respondent's 08/10/12 request to seal documents and proposed order; and 2) lodge under seal documents identified as lodged sealed document Nos 1 through 7 in respondent's request to seal filed 08/10/12. (Plummer, M)
May 10, 2012 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Dale A. Drozd on 05/10/12 ordering by 06/11/12, respondent shall lodge the state court record as described in Local Rule 191(h)(1). By 10/24/12, petitioner shall file a petition. In addition to meeting the requireme nts of Rule 2 of the Rules Governing Section 2254 cases, petitioner shall allege how each claim meets the requirements of 28 USC 2254(d). Prior to 12/10/12, counsel shall meet and confer about a schedule for filing the answer or other responsive ple ading, and any traverse. The court expects respondent's counsel to have reviewed the petition fully prior to meeting with petitioner's counsel. On 12/13/12 at 10:00 in courtroom 27 the undersigned will hold a case management conference. Petitioner's counsel informed the court that he consents to the jurisdiction of a magistrate judge. As directed in the court's 04/20/12 order, respondent's counsel shall consent to or decline consenting to U.S. Magistrate Judge jurisdiction by 05/24/12 2 . (Plummer, M)
April 26, 2012 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Dale A. Drozd on 04/25/12 ordering petitioner's request to proceed in forma pauperis is granted. Petitioner's application for appointment of counsel is granted. Michael Laurence, Executive Director of the Habeas Corpus Resource Center (HCRC) and Kevin Bringuel, also of HCRC are appointed to represent petitioner. Petitioner's request for a stay of execution 1 is denied at this time as unnecessary and without prejudice in light of the fact that no execution date has been set. On 05/08/12 at 10:00 a.m. in courtroom 27, this court will hold a case management conference. In addition, to serving this order upon counsel, the clerk of the court is directed to serve it upon Kurt Heiser, CJA Administrator, Office of the Federal Defender for the Eastern District of California. (cc: Kurt Heiser, Federal Defender's office). (Plummer, M)
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Petitioner: Robert Edward Maury
Represented By: Kevin Bringuel
Represented By: Michael David Laurence
Represented By: Joseph Schlesinger
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Respondent: Michael Martel
Represented By: Ward Allen Campbell
Represented By: Brian Roy Means
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