Leon v. Barnes
Petitioner: Ramiro Leon, Jr.
Respondent: Ron Barnes
Case Number: 2:2012cv02559
Filed: October 12, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
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
June 30, 2015 Opinion or Order Filing 44 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/29/15 ORDERING that Petitioner's request for an evidentiary hearing is denied. It is RECOMMENDED that the habeas corpus petition, and its supplement in this case be denied; and the District Court decline to issue a certificate of appealability. Although petitioner's ineffective assistance of appellate counsel claim ("kill-zone" jury instruction) under state law is colorable, it does not warrant granting a certificate of appealability as viewed through the AEDPA federal claim standard of review because of the improbability of prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)
June 9, 2015 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Gregory G. Hollows on 6/8/15 ORDERING that 21 motion is DENIED as moot; 32 motion to appoint counsel is DENIED without prejudice. (Dillon, M)
August 9, 2013 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/13 ORDERING that the stay is LIFTED; DIRECTING RESPONDENT to File a Response to Petition within 60 days. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General. Petitioner's 16 Motion to Appoint Counsel is DENIED. (cc Michael Farrell) (Dillon, M)
June 18, 2013 Opinion or Order Filing 15 ORDER signed by Judge John A. Mendez on 6/17/13 ORDERING the findings and recommendations filed April 15, 2013, are adopted in full; and Petitioner's motion to stay (ECF No. 9) is granted and the Clerk of Court shall administratively stay this case. (Becknal, R)
April 15, 2013 Opinion or Order Filing 13 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/12/13 ORDERING that 11 findings and recommendations are VACATED; it is RECOMMENDED that 9 MOTION to STAY be granted; and this action be administratively stayed. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)
March 7, 2013 Opinion or Order Filing 11 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/5/2013 ORDERING that petitioner's 10 motion for appoint of counsel is DENIED without prejudice; and RECOMMENDING that petitioner's 9 motion to stay be granted except for petitioner's ineffective assistance of counsel claim; and the ineffective assistance of counsel claim be stricken from the petition. Referred to Judge John A. Mendez; Objections due within 21 days. (Yin, K)
January 8, 2013 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/13 ORDERING that 7 Motion to Proceed IFP is GRANTED; Petitioners October 12, 2012 request for stay 2 is DENIED without prejudice; and within 30 days from the date of this order, petitioner shall file a motion for stay under Rhines.(Dillon, M)
October 24, 2012 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/12 ORDERING that Petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)
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Petitioner: Ramiro Leon, Jr.
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Respondent: Ron Barnes
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