Kennedy v. Chappell
| Jerry Noble Kennedy |
| Kevin Chappell |
| 2:2013cv02041 |
| October 1, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Marin |
| Lawrence K. Karlton |
| Kendall J. Newman |
| Death Penalty |
| 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
95
ORDER signed by Magistrate Judge Kendall J. Newman on 08/31/17 ordering the April 19, 2016 stay in this case is lifted temporarily to permit consideration of petitioners motion to amend. Petitioners motion to amend 91 is granted. Petitioners requ est to be relieved of the obligation to file an amended petition immediately is also granted. After completing exhaustion, petitioner shall incorporate his new claims 91 -1 in an amended petition. The courts order and corresponding stay entered on April 19, 2016, shall remain in effect. (Plummer, M)
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Filing
89
ORDER signed by Magistrate Judge Kendall J. Newman on 11/29/2016 VACATING the temporary lift of the stay; and the Clerk shall renew the stay of this case effective 6/4/2016. CASE STAYED. (Yin, K)
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Filing
85
ORDER signed by Magistrate Judge Kendall J. Newman on 5/17/16 ORDERING that within 10 days of the filed date of this order, respondent shall file a response to petitioner's 84 Motion for temporary lift of stay.(Dillon, M)
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Filing
83
ORDER signed by District Judge Kimberly J. Mueller on 4/18/2016 ORDERING that the court adopts the 67 findings and recommendations and GRANTS petitioner's 53 motion for stay and abeyance. The court GRANTS petitioner's 79 motion for a sixty-day extension of time. Accordingly, petitioner shall file his exhaustion petition in the California Supreme Court no later than 6/24/2016. Should petitioner's investigation substantiate the contemplated unexhausted facts and/or claims, petitioner shall move to lift the stay to so advise this court and to request a finding that such facts and/or claims are unexhausted no later than 5/13/2016. The court will not grant future requests for an extension of time absent extraordinary circumstances. (Zignago, K.)
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Filing
80
ORDER signed by Magistrate Judge Kendall J. Newman on 3/24/2016 ORDERING within 5 days respondent shall file any oppostion to petitioner's 79 request. (Yin, K)
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Filing
67
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/27/15 RECOMMENDING that Petitioners June 26, 2015 Motion to Stay (ECF No. 53 ) be granted; Petitioner be ordered to file his exhaustion petition in the California Supreme Court by April 26, 2016; These proceedings be stayed and held in abeyance pending the California Supreme Courts resolution of petitioners exhaustion petition. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
57
ORDER signed by Magistrate Judge Kendall J. Newman on 9/9/2015 ORDERING the Office of the Federal Defender, Capital Habeas Unit, shall represent petitioner as co-counsel pursuant to 18 U.S.C. § 3599. A status conference is set for 10/8/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The Clerk shall file UNDER SEAL the Selection Board's 9/8/2015 letter to the undersigned. The Clerk shall serve a copy of this order on Kurt Heiser, CJA Administrator. (cc: Kurt Heiser) (Yin, K)
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Filing
52
ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/2015 ORDERING that the parties agree the following claims in the petition filed here on 1/15/2015, are unexhausted and this court finds they are: Claim VI, subclaim (a); Claim VI, subclaim (b)(2); Claim VII, subclaim (a); Claim VII, subclaim (b)(1); Claim XI, subclaim (a); Claim XII; and Claim XIII. Within 45 days, petitioner shall file any motion for stay and abeyance of these proceedings pending exhaustion. Within 30 days of petitioner's filing, respondent shall file a response. Within 15 days thereafter, petitioner may file a reply.(Yin, K)
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Filing
46
ORDER signed by Magistrate Judge Kendall J. Newman on 1/14/2015 SETTING a Case Management Conference for 2/12/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Yin, K)
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Filing
27
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/16/2014 RECOMMENDING that petitioner's 14 motion for equitable tolling be granted; petitioner's federal habeas habeas corpus petition should be considered timely if filed on or before 1/15/2015. Referred to Judge Lawrence K. Karlton; Objections due within 14 days.(Yin, K)
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Filing
21
ORDER signed by Magistrate Judge Kendall J. Newman on 3/17/2014 ORDERING that by 3/14/2014, respondent shall file his opposition to petitioner's 3/4/2014 motion for equitable tolling, petitioner's reply brief shall be filed within 15 days thereafter; and by 4/12/2014, respondent shall lodge the state court record in conformity with L.R. 191(h)(1).(Yin, K)
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Filing
9
ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/2014 APPOINTING A. Richard Ellis and Michael W. Clough to represent Jerry Noble Kennedy; a case management conference is set for 2/27/2014 at 10:00 AM in Courtroom 25 (KJN) before Magist rate Judge Kendall J. Newman, with appearance of both parties' counsel; the Clerk shall file UNDER SEAL the Selection Board's 2/3/2014 letter to the undersigned; and the Clerk shall serve this order upon Kurt Heiser, CJA Administrator. (cc: Kurt Heiser) (Yin, K)
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Filing
8
ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/13 ORDERING that 2 Motion to Proceed IFP is GRANTED; 1 Motion to Appoint Counsel is GRANTED. Counsel will be appointed following notice from the Eastern District Selection Board eit her that the Federal Defender, Capital Habeas Unit, or that other qualified counsel available for appointment has been identified; There being no schedule execution date pending, Mr. Kennedys request for a stay of execution is denied without prej udice to renewal should any proceedings related to the execution of his sentence of death, including preparation for execution and the setting of an execution date, be instituted in state court during the pendency of the instant proceedings.(Dillon, M)
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| Petitioner: Jerry Noble Kennedy | |
| Represented By: | Joseph Schlesinger |
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| Respondent: Kevin Chappell | |
| Represented By: | Ward Allen Campbell |
| Represented By: | Alice Su |
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