Martinez v. Director of CDCR
Petitioner: Derek Martinez
Respondent: Director of CDCR
Case Number: 2:2012cv02273
Filed: September 4, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kings
Presiding Judge: Dale A. Drozd
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
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
November 14, 2022 Opinion or Order Filing 101 ORDER signed by Chief District Judge Kimberly J. Mueller on 11/14/22 APPOINTING CJA Attorney Jennifer Mikaere Sheetz for Derek Martinez, effective 10/20/22. (Benson, A.)
October 12, 2017 Opinion or Order Filing 97 ORDER signed by Senior Judge James K. Singleton on 10/12/17, DENYING 87 the Motion to Vacate Judgment without prejudice to Martinez obtaining authorization from the Ninth Circuit Court of Appeals to file a second or successive habeas petition raising the new DNA evidence in this Court. The Court DECLINES to issue a Certificate of Appealability. (Kastilahn, A)
September 28, 2017 Opinion or Order Filing 95 ORDER signed by Senior Judge James K. Singleton on 9/28/2017 VACATING the hearing on 87 Motion to Vacate Judgment set for 9/29/2017; ORDERING the respondent to file a surreply to 93 Reply to Response to Motion by 10/9/2017. (Michel, G.)
June 5, 2017 Opinion or Order Filing 86 ORDER signed by Senior Judge James K. Singleton on 6/5/2017 ORDERING the petitioner to file a Motion to Vacate Judgment pursuant to F.R.Cv.P. 60(b) by 7/5/2017; ORDERING the respondent to file an opposition to said motion by 8/4/2017; ORDERING the petitioner to file any reply by 8/18/2017. (cc: Ninth Circuit Court of Appeals) (Michel, G.)
March 30, 2017 Opinion or Order Filing 85 ORDER signed by Senior Judge James K. Singleton on 03/29/17 ORDERING that Martinez's 80 request for an indicative ruling is GRANTED; within 14 days, Martinez shall inform the USCA that this Court has found that his motion raises a substantial issue. Upon remand, the Court will set a briefing schedule on the motion (cc: USCA). (Benson, A)
March 31, 2016 Opinion or Order Filing 78 CJA 20 ORDER signed by Senior Judge James K. Singleton on 3/12/2016 ADDING Attorney Jennifer Mikaere Sheetz for Derek Martinez effective 2/19/2016 nunc pro tunc re 77 USCA Order. (Michel, G.)
May 12, 2015 Opinion or Order Filing 70 MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 5/11/2015. Petitioner's 34 Amended Application for Writ of Habeas Corpus is DENIED and Court is DECLINING to issue a Certificate of Appealability. Clerk to enter Judgment accordingly. (Marciel, M)
May 20, 2014 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Dale A. Drozd on 5/19/14 ORDERING that Petitioners motion to compel discovery (Doc. No. 37 ) is DENIED without prejudice to its sua sponte renewal by the court; Petitioners motion for an extension of time to fil e a traverse (Doc. No. 58 ) is GRANTED. Petitioners traverse (Doc. No. 61 ) is deemed timely filed; Petitioners motion for leave to file an oversized brief in support of his traverse (Doc. No. 60 ) is denied as unnecessary; and this matter is now submitted for decision. (Dillon, M)
February 7, 2014 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Dale A. Drozd on 2/6/2014 DENYING respondent's 51 motion for relief from default, as unnecessary. (Yin, K)
September 9, 2013 Opinion or Order Filing 29 ORDER ADOPTING 26 FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 9/6/13. The 4 Motion to Stay is DENIED. Second amended petition due within 30 days. (Manzer, C)
August 7, 2013 Opinion or Order Filing 26 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 08/06/13 recommending that petitioner's motion for a stay and abeyance 4 be denied; and petitioner be directed to file a second amended petition containing only his exhausted claims within 30 days of any order adopting these findings and recommendations. Motion for Stay and Abeyance 4 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
December 10, 2012 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Dale A. Drozd on 12/7/2012 GRANTING petitioner's 6 motion to proceed IFP ; DIRECTING respondent to file a response to petitioner's 9/4/2012 motion for stay and abeyance within 28 days, petitioner's r eply, if any, shall be filed and served within 14 days thereafter; DENYING, without prejudice, petitioner's 3 motion for appointment of counsel; the Clerk shall serve a copy of this order, the form Consent to Proceed Before a US Magistrate Judge, a copy of the habeas petition, and a copy of the motion for stay and abeyance on Michael Farrell. (cc: Michael Farrell) (Yin, K)
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Petitioner: Derek Martinez
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Respondent: Director of CDCR
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