Muhammad v. Diaz
Petitioner: Maurice Muhammad
Respondent: Ralph M. Diaz
Case Number: 2:2013cv00153
Filed: November 29, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Craig M. Kellison
Presiding Judge: John A. Mendez
Nature of Suit: General
Cause of Action: 28:2254
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
September 23, 2014 Opinion or Order Filing 37 ORDER signed by Senior Judge James K. Singleton on 9/22/2014 DENYING 36 Motion for an Extension of Time to file a notice of appeal; INFORMING the petitioner that he must appeal to the Ninth Circuit Court of Appeals within 30 days if he so wishes; DIRECTING the petitioner to include with said appeal, a copy of the appellate brief he claims he has already prepared. (Michel, G)
June 20, 2014 Opinion or Order Filing 33 MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 6/19/14 ORDERING that the 1 Petition for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED that this Court ISSUE a Certificate of Appealability only with respect to Muhammad 9;s interrelated claims that the trial judge prejudiced the jury with his comments about the death and capture of Osama bin Laden, and that trial and appellate counsel were ineffective for failing to alleviate any potential problems caused by the jud ge's comments. This Court DECLINES to issue a Certificate of Appealability with respect to all other claims. Any further request for a Certificate of Appealability as to the other claims must be addressed to the Court of Appeals. The Clerk of the Court is to ENTER judgment accordingly. CASE CLOSED. (Meuleman, A)
August 6, 2013 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Craig M. Kellison on 07/24/13 ordering good cause appearing all motions 18 , 19 , 20 are granted. Respondent's response to petitioner's petition is due 08/30/13. The clerk of the court is directed to forward to counsel for respondent copies of sealed state court transcripts provided to the undersigned by the California Court of Appeals on 06/25/13. (Plummer, M)
May 1, 2013 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Craig M. Kellison on 5/1/13: The court's January 31, 2013, order to show cause is discharged. Respondent(s) shall file a response to petitioner's petition within 60 days from the date of service of this o rder. Petitioner's traverse or reply (if an answer to the petition is filed), if any, or opposition or statement of non-opposition (if a motion in response to the petition is filed) shall be filed and served within 30 days of service of respond ent's response. The Clerk of the Court shall serve a copy of this order, together with a copy of petitioner's petition for a writ of habeas corpus and the court's Order re: Consent or Request for Reassignment on AG Michael Patrick Farrell. (Kaminski, H)
January 31, 2013 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Craig M. Kellison on 1/31/2013 ORDERING that petitioner is required to show cause in writing, within 30 days of the date of this order, why his petition for a writ of habeas corpus should not be summarily dismissed, without prejudice, for failure to exhaust state court remedies. Petitioner is warned that failure to respond to this order may result in dismissal of the petition for the reasons outlined above, as well as for failure to prosecute and comply with court rules and orders. If petitioner agrees that this action should be dismissed without prejudice to renewal following exhaustion of his claims in state court, he should file a request for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). (Zignago, K.)
January 30, 2013 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Craig M. Kellison on 1/30/2013 GRANTING 2 Motion to Proceed IFP. (Donati, J)
January 25, 2013 Opinion or Order Filing 4 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 1/23/13. New Case Number 2:13-cv-00153-CMK (PC). (Verduzco, M)
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Respondent: Ralph M. Diaz
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Petitioner: Maurice Muhammad
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