Gray v. Cash
| Mark Wayne Gray |
| Brenda M. Cash |
| 2:2013cv00564 |
| March 21, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
63
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/21/18 DENYING 59 Motion to Proceed IFP. The clerk of the court is directed to serve a copy of this order on the U.S. Court of Appeals for the Ninth Circuit, and petitioner is hereby informed that he may file a motion to proceed in forma pauperis in the U.S. Court of Appeals for the Ninth Circuit. (cc: USCA, 9th circuit) (Plummer, M)
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Filing
51
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/13/2017 VACATING the 12/20/2016 37 findings and recommendations and RECOMMENDING petitioner's 1 application for a writ of habeas corpus be granted on p etitioner's claim that the evidence is insufficient to support the jury's true finding on the enhancement allegation under Cal. Penal Code § 12022.75. The petition should be denied in all other respects. Subject to the following exce ption, proceedings in state court leading to retrial on the enhancement allegation should be commenced within 60 days from any order adopting this recommendation. However, if either party appeals the judgment in this case, no criminal proceedings s hould be required to commence until 60 days after the issuance of the mandate following a final appellate decision or the denial of a petition for writ of certiorari, whichever occurs later. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
37
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/19/16 RECOMMENDING that petitioners application for a writ of habeas corpus be granted on petitioners claim that the evidence is insufficient to support the jurys true fi nding on the enhancement allegation under Cal. PenalCode § 12022.75. The petition should be denied in all other respects. If adopted, subject to the following exception, proceedings in state court leading to retrial on the enhancement allegation shall be commenced within 60 days. However, if either party appeals the judgment in this case, no criminal proceedings need be commenced until 60 days after the issuance of the mandate following a final appellate decision or the denial of a petition for writ of certiorari, whichever occurs later. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
32
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/1/2014 GRANTING respondent's 29 motion to file a surreply; respondent's surreply to petitioner's traverse is deemed filed. (Yin, K)
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Filing
26
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/6/2014 GRANTING 24 Motion for 13-Day Extension of Time; ORDERING the petitioner to file his Traverse with points and authorities by 12/31/2013. (Michel, G)
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| Petitioner: Mark Wayne Gray | |
| Represented By: | Charles R Khoury, Jr |
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| Respondent: Brenda M. Cash | |
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