Harmless v. Lizzaraga
Petitioner: Howard Martin Harmless
Respondent: J Lizzaraga
Case Number: 2:2014cv00223
Filed: January 23, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Dale A. Drozd
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
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
February 28, 2020 Opinion or Order Filing 59 MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 2/28/2020 DENYING the Petition 28:2254 for Writ of Habeas Corpus. IT IS FURTHER ORDERED that the Court DECLINES to issue a Certificate of Appealability. Any further request for a Certificate of Appealability must be addressed to the Ninth Circuit Court of Appeals. The Clerk of the Court is to enter judgment accordingly. CASE CLOSED (Reader, L)
August 21, 2018 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Deborah Barnes on 08/21/18 DENYING 52 Motion for an evidentiary hearing. (Plummer, M)
November 20, 2017 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Deborah Barnes on 11/17/2017 GRANTING 53 Motion for Extension. Respondent shall file an opposition to Petitioner's 52 Second Motion for an Evidentiary Hearing, within 30 days from the date of this order. (York, M)
June 30, 2017 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Deborah Barnes on 6/29/2017 DENYING without prejudice 36 Motion for Evidentiary Hearing; DENYING without prejudice 36 Motion to Appoint Counsel; DENYING without prejudice 41 Motion to Expand the Record; and DENYING without prejudice 42 Motion for Discovery. (Henshaw, R)
June 12, 2014 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Dale A. Drozd on 6/12/2014 GRANTING petitioner's 7 motion to proceed IFP; GRANTING petitioner's 5 motion to "stay and abey" this action pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003); this action is STAYED pending exhaustion of state court remedies on petitioner's unexhausted claims; petitioner is DIRECTED to file in this court, every 90 days commencing with the filing date of this order, a status report that details petitioner's progress in exhausting his unexhausted claims in the state courts; petitioner shall also file in this court, within 30 days after the CA Supreme Court issuses a final order resolving petitioner's unexhausted claims, a motion r equesting that the instant stay be lifted, and that leave be granted to file a Second Amended Petition and petitioner shall include his proposed Second Amended Petition; and the Clerk shall administratively close this case until further order or this court. CASE STAYED. CASE CLOSED. (Yin, K)
January 28, 2014 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Dale A. Drozd on 1/27/2014 ORDERING that within 30 days, petitioner shall file an amended petition that complies with the requirements of the Fed.R.Civ.P. and the Rules Governing Section 2254 Cases; petitioner shall s ubmit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee; petitioner's failure to comply with this order will result in the dismissal of this action; and the Clerk shall provide petitioner with form petition for a writ of habeas corpus and ifp form. (Yin, K)
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Petitioner: Howard Martin Harmless
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Respondent: J Lizzaraga
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