Wallace v. Barnes
| George Wallace |
| Ron E. Barnes |
| 2:2014cv00157 |
| January 21, 2014 |
| 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
86
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 09/20/17 DENYING 81 , 82 Motion for discovery and factual innocence. Also, RECOMMENDING that petitioner's motion to amend 85 be denied; and petitioners application for a writ of habeas corpus be denied. Motion to amend 85 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
77
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/16 ORDERING that within seven days from the date of this order, respondent shall lodge with the court Petitioner's California Supreme Court habeas petitions containing case Nos. S219853 and S223942 and the Supreme Court's rulings on those petitions.(Mena-Sanchez, L)
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Filing
71
ORDER signed by Chief Judge Morrison C. England, Jr. on 11/16/2015 ORDERING that the 66 findings and recommendations are ADOPTED in full. Respondent's 64 Motion to Dismiss is DENIED as moot. Respondent is directed to file a response to the Second Amended Petition within sixty (60) days of this order. (Zignago, K.)
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Filing
66
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/19/2015 ORDERING the Clerk of Court to docket 60 Amended Petition along with pages 14-23 of the 1 Petition and the 63 Motion to Expand Record as the Seco nd Amended Complaint. It is further ORDERED that the Clerk shall terminate 63 Motion. It is HEREBY RECOMMENDED that the 64 Motion to Dismiss be denied as moot and that the respondent be directed to file a response to the Second Amended Complaint within 60 days of any order adopting this recommendation. Objections due within 14 days after being served with this order. Referred to Judge Morrison C. England Jr. (Donati, J)
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Filing
58
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/26/15 ordering as no petition is currently pending before the court, the court denies the motions for discovery 44 and 52 without prejudice. Petitioner may refile his discovery motion after he has filed the amended petition. (Plummer, M)
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Filing
50
ORDER signed by Chief Judge Morrison C. England, Jr. on 2/12/2015 ORDERING that the 43 findings and recommendations are ADOPTED IN FULL. Respondents 22 motion to dismiss is GRANTED, and the petition is DISMISSED with leave to amend. Petitioner� 39;s 25 , 42 motions to amend and 32 , 40 for stay are GRANTED. Within thirty days, petitioner shall file an amended petition. Concurrently with the amended petition, petitioner shall inform the court whether he is pursuing exhaustion of othe r claims in state court such that the instant case should be stayed. Petitioner is GRANTED permission to include within his amended petition his claim as stated in his 37 motion "for fair and constructive notice" provided that claim has been exhausted. Petitioner's 37 motion "for fair and constructive notice" is otherwise DENIED AS MOOT. Petitioner's 46 motion for extension of time is DENIED. Petitioner's 49 motion to waive exhaustion requirements is DENIED. (Zignago, K.)
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Filing
43
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/17/14 RECOMMENDING that Respondents June 18, 2014 motion to dismiss ( 22 be granted, and the petition be dismissed with leave to amend; Petitioners motions to amend [ 25], 42 and for stay 32 , 40 be granted; and Petitioner be ordered, within 30 days of the date of any order adopting these findings and recommendations, to file an amended petition stating only claims that have been exhausted pursuant to 28 U.S.C. § 2254(b); Petitioner be ordered, concurrently with the amended petition, to inform the court whether he is pursuing exhaustion of other claims in state court such that the instant case should be stayed under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002); Petitioner be granted permission to include within his amended petition his claim as stated in his motion for fair and constructive notice (ECF No. 37 ), provided that claim has been exhausted; and Petitioners motion for fair and constructive notice (ECF No. 37 ) be otherwise denied as moot. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
31
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/12/14 ordering petitioner's reply, if any, shall be filed and served within 30 days of the date of this order. (Plummer, M)
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Filing
21
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/17/14 ordering the stay is lifted. The clerk of the court shall terminate docket entry number 19. Respondent shall file and serve either an answer or motion in response to petitioner's application within 30 days from the date of this order. Petitioner's reply, if any, shall be filed and served within 30 days of service of an answer. If the response to petitioner's application is a motion, petitioner's opposition or statement of non-opposition shall be filed and served within 30 days of service of the motion, and respondent's reply, if any, shall be filed within 14 days thereafter. (Plummer, M)
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Filing
18
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/29/14 ORDERING that Petitioners February 7, 2014, motion for stay and abeyance (ECF No. 6 ) is granted. This action is stayed pending exhaustion of the two claims identified in petitioners motion to stay. The Clerk is directed to administratively terminate the case. Petitioner must promptly present his claims in state court if he has not already done so. Petitioner must inform the court within thirty (30) days of any order by the California Supreme Court disposing of his two claims.(Dillon, M)
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Filing
12
ORDER denying 11 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 03/17/14. (Plummer, M)
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Filing
3
ORDER signed by Magistrate Judge Edmund F. Brennan on 01/28/14 ordering 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. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. (Plummer, M)
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| Petitioner: George Wallace | |
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| Respondent: Ron E. Barnes | |
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