Hayden v. Duffy
Petitioner: Alphonso Hayden, Jr
Respondent: Brian Duffy
Case Number: 2:2014cv01004
Filed: April 23, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Dale A. Drozd
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 14, 2021 Opinion or Order Filing 96 ORDER signed by Senior Judge William B. Shubb on 1/13/2021 ADOPTING in full 86 Findings and Recommendations and GRANTING 22 respondent's Motion to Dismiss. The court DECLINES to issue the certificate of appealability. CASE CLOSED (Kastilahn, A)
June 24, 2020 Opinion or Order Filing 86 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 06/24/20 RECOMMENDING that respondent's motion to dismiss 22 be granted. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
March 11, 2020 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Deborah Barnes on 03/10/20 DENYING petitioner's request to file an amended opposition. (Plummer, M)
December 5, 2019 Opinion or Order Filing 82 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/04/19 ORDERING pursuant to the parties request, and good cause appearing, the deadline for the parties to file supplemental briefing following the November 18, 2019 evidentiary hearing, is extended from on or before December 9, 2019 to on or before December 16, 2019. (Plummer, M)
November 20, 2019 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Deborah Barnes on 11/19/19 ORDERING that each party shall file an additional brief, not to exceed 10 pages, on or before December 9, 2019, and limited in scope to the relevance to petitioners equitable tolling argument of any new evidence and/or expert testimony offered by the parties at, or in relation to, the evidentiary hearing. (Plummer, M)
August 6, 2019 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Deborah Barnes on 8/5/2019 GRANTING 72 Unopposed Motion to Continue Evidentiary Hearing and CONTINUING the Evidentiary Hearing to 11/18/2019 at 09:00 AM in Courtroom 27. (Henshaw, R)
January 30, 2019 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Deborah Barnes on 1/30/2019 GRANTING 64 Request for Evidentiary Hearing. An Evidentiary Hearing is set for 2/28/2019 at 09:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. The Court will hear testimony only from a mental health expert regarding petitioner's mental health records from 2001-2013 and an expert on the CDCR's diagnostic and treatment processes during that same period. (Huang, H)
July 16, 2018 Opinion or Order Filing 67 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 7/13/2018 EXTENDING the briefing schedule for Evidentiary Hearing. Respondent shall file a reply by 7/12/2018 and petitioner's response shall be filed no later than 8/9/2018. (Yin, K)
December 11, 2017 Opinion or Order Filing 61 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/11/2017 ORDERING the deadline for the Petitioner to file a Motion for Evidentiary hearing (or any notice informing this Court that such a hearing is not requested) is EXTENDED to 2/26/2018; The respondent's reply shall be filed no later than 3/5/2018. (Washington, S)
March 3, 2017 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Deborah Barnes on 3/2/2017 and stipulated between the parties: Petitioner's deadline to file a motion for evidentiary hearing (or any notice informing this court that such a hearing is not requested) is 4/21/201 7; Respondent's reply brief shall be filed no later than 5/5/2017; Petitioner's reply brief, if any, shall be filed no later than 5/12/2017 ; and the Clerk shall term respondent's 22 motion to dismiss pending submission of the supplemental briefing ordered herein. (Yin, K)
November 23, 2016 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Deborah Barnes on 11/22/16 ordering the Federal Defender is appointed to represent petitioner for purposes of opposing the pending motion to dismiss. The clerk of the court is directed to serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. Within 30 days of this order, if counsel for petitioner believes that evidence supporting equitable tolling can only be presented through an evidentiary hearing or that it would be more expedie nt to present evidence via an evidentiary hearing, then counsel for petitioner shall file a motion for an evidentiary hearing. Any response to petitioners motion for an evidentiary hearing shall be filed within 14 days of petitioners motion. Any reply to petitioners motion shall be filed within 7 days of the response. (cc: Federal Defender: Attention Habeas Appointment)(Plummer, M) Modified on 11/23/2016 (Plummer, M).
September 23, 2015 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Dale A. Drozd on 9/23/2015 GRANTING petitioner's 34 motion to defer supplemental briefing and further develop the record. Within 14 days, petitioner shall file with the court copies of those records that he c laims were omitted from the Chronological Record. No later than 30 days thereafter, respondent must file with the court a document that identifies the location of any allegedly-omitted records in the Chronological Record, if present therein. No later than 30 days after respondent's filing, petitioner must file a supplemental brief that conforms to the requirements set forth in the court's 7/1/2015 order. Petitioner's brief may be no longer than 10 pages in length if typewritten, or 15 pages if handwritten. Petitioner's 36 motion to strike respondent's response is DENIED. (Yin, K)
July 1, 2015 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Dale A. Drozd on 6/30/2015 ORDERING that within 30 days, respondent shall file with the court, in chronological order, the records currently docketed at ECF Nos. 22 -1 - 22 -7; after making this chronological fil ing, respondent shall serve upon petitioner a paper copy of the filed documents that contain the filing's ECF date stamp. Within 30 days of service of the chronologically-organized records, petitioner and respondent shall file briefs as described in this order. The Clerk shall term respondent's 22 motion to dismiss pending submission of the supplemental briefing ordered herein. The Clerk shall substitute Robert W. Fox as the respondent in this action. (Yin, K)
May 18, 2015 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Dale A. Drozd on 5/15/15 ORDERING that petitioner's March 11, 2015 motion (ECF No. 23 ) is denied as having been rendered moot. (Dillon, M)
September 26, 2014 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Dale A. Drozd on 9/26/14 ORDERING that 2 Motion to Proceed IFP is GRANTED. Petitioners application for a writ of habeas corpus is dismissed with leave to file an amended petition within thirty days after the filing date of this order. Clerk of the Court is directed to send petitioner a blank copy of this courts form for seeking a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.(Dillon, M)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Hayden v. Duffy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Alphonso Hayden, Jr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Brian Duffy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?