Rodriguez v. Gipson
Petitioner: Luis Amparan Rodriguez
Respondent: C. Gipson
Case Number: 2:2012cv02260
Filed: August 22, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kings
Presiding Judge: Gregory G. Hollows
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 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
March 23, 2017 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Gregory G. Hollows on 3/23/2017 GRANTING 94 Motion for Extension of Time. Petitioner's Reply to Respondent's Objections to 85 Findings and Recommendations is due 3/31/2017. No further extensions will be granted. (Donati, J)
January 9, 2017 Opinion or Order Filing 85 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/6/17 RECOMMENDING that petitioner's application for a writ of habeas corpus be granted in part on the instructional error claim, and be denied on the insufficient evidence claim; and petitioner's conviction for first degree murder be vacated; and petitioner be given the option of pleading to second degree murder and be sentenced thereon, or be retried with all charges at issue. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
November 2, 2016 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/01/2016 ORDERING that within seven days of this order, respondent shall lodge the missing pages of the state court record or file a status report as to the expected date of lodging these pages and efforts made to secure them. Should petitioners record contain the identified pages, petitioner shall lodge the same no later than seven days from the filed date of this order.(Butolph, J)
December 8, 2015 Opinion or Order Filing 70 ORDER signed by District Judge Troy L. Nunley on 12/4/15 ORDERING that the findings and recommendations filed October 6, 2015 are adopted; Respondent's motion to dismiss (ECF No. 56 ) is denied with the exception of the judicial notice sub-claim of Claim 2; and Respondent is directed to file an answer to the amended petition (ECF No. 37 ) within sixty days; and Petitioner's reply, if any, shall be filed and served within thirty days after the service of the answer. (Becknal, R)
October 6, 2015 Opinion or Order Filing 69 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/5/15 RECOMMENDING that respondents motion to dismiss (ECF No. 56 ) be denied with the exception of the judicial notice sub-claim of Claim 2; and Respondent be directed to file an answer to the amended petition (ECF No. 37 ) within 60 days; and petitioners reply, if any, shall be filed and served within 30 days after service of the answer. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
October 14, 2014 Opinion or Order Filing 44 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/10/2014 RECOMMENDING that petitioner's 38 motion for stay and abeyance be granted; and petitioner be directed to inform the court within 30 days of any decision by the state Supreme Court. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
November 15, 2013 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/15/2013 ORDERING that petitioner's 17 , 18 , 19 motions are VACATED without prejudice to their renewal as appropriate. (Yin, K)
November 12, 2013 Opinion or Order Filing 24 ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Gregory G. Hollows on 11/12/13. Added attorney William Joseph Arzbaecher, III for Luis Amparan Rodriguez, attorney David M. Porter, FD terminated.(Dillon, M)
October 15, 2013 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/15/2013 ORDERING that respondent's 8 motion to dismiss is VACATED without prejudice to its renewal as appropriate; the Federal Defender is APPOINTED to represent petitioner; the Clerk shall serve a copy of the petition and this order on David M. Porter, Assistant FD ; within 60 days, petitioner, through counsel, shall file and serve an amended petition; and respondent shall file and serve a response within 60 days of being served the amended petition.(Yin, K)
June 19, 2013 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Gregory G. Hollows on 6/19/13 ORDERING that Petitioner shall file an opposition to respondents November 16, 2012 motion to dismiss within 30 days of this order. (Dillon, M)
March 7, 2013 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Gregory G. Hollows on 03/06/13 ordering the clerk shall assign a district judge to this case. U.S. District Judge Garland E. Burrell randomly assigned to this case. Petitioenr shall show cause within 30 days why his failure to oppose respondent's 11/16/12 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition. (Plummer, M)
January 10, 2013 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/10/13 ORDERING that within seven days of this order, respondent shall file a proof of service indicating proper service of the motion on petitioner at his address of record. Petitioner shall file an opposition to the motion to dismiss within 28 days after being served with the motion. (Dillon, M)
August 31, 2012 Opinion or Order Filing 3 ORDER TRANSFERRING Case to the SACRAMENTO Division of the United States District Court, Eastern District of California, signed by Magistrate Judge Michael J. Seng on 8/31/12: New Case Number 2:12-cv-02260 GGH (HC). Old Case Number 1:12-cv-01368 MJS (HC). (Hellings, J)
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Petitioner: Luis Amparan Rodriguez
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Respondent: C. Gipson
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