Benjamin Tabayoyong Caridad v. Harry Oreol, et al
Petitioner: Benjamin T Caridad
Respondent: Harry Oreol and O. C. Luna
Case Number: 2:2014cv01847
Filed: August 6, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: XX US, Outside State
Presiding Judge: Allison Claire
Presiding Judge: Kimberly J. Mueller
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
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
August 27, 2019 Opinion or Order Filing 162 ORDER signed by Magistrate Judge Allison Claire on 8/27/2019 ORDERING Petitioner to file either a stipulation or motion requesting voluntary dismissal of this case or a further status report on or before 9/30/2019. (Henshaw, R)
July 30, 2019 Opinion or Order Filing 160 ORDER signed by Magistrate Judge Allison Claire on 7/30/19 ORDERING that, on or before 8/30/2019, petitioner shall file either: (a) a stipulation or motion requesting voluntary dismissal of this case, or (b) a further status report. (Kastilahn, A)
July 17, 2019 Opinion or Order Filing 158 ORDER signed by Magistrate Judge Allison Claire on 07/16/19 ORDERING that on or before 7/31/19, petitioner shall file either: a) a stipulation or motion requesting voluntary dismissal of this case, or b) a further status report. (Plummer, M)
April 25, 2019 Opinion or Order Filing 156 ORDER signed by Magistrate Judge Allison Claire on 4/24/2019 DENYING as unnecessary petitioner's 148 motion to stay. On or before 7/1/2019, petitioner shall file either: (a) a stipulation or motion requesting voluntary dismissal of this case, or (b) a status report. The Clerk shall remove nonparty Kenneth Rosenfeld from the service list in this case. (Yin, K)
January 14, 2019 Opinion or Order Filing 146 ORDER signed by Magistrate Judge Allison Claire on 01/11/19 GRANTING 144 Motion for Protective Order. Petitioners disclosure to respondent of the transcript of the June 14, 2018 state court hearing on petitioners motion pursuant to People v. Marsden, 2 Cal. 3d 118 (1970), is subject to the protective order filed by this Court on September 20, 2018 124 . (Plummer, M)
January 9, 2019 Opinion or Order Filing 143 ORDER signed by Magistrate Judge Allison Claire on 1/9/2019 ORDERING petitioner's 129 motion for an Order to Show Cause re Civil Contempt is DENIED; Petitioner's 139 request for judicial notice is DENIED; Petitioner's 127 , 136 , 138 requests for further discovery are GRANTED in part as specified below and otherwise DENIED. Petitioner is authorized to issue a subpoenas duces tecum to Gregory Sokolov, M.D., Stacy Correa, and Lisa Gara for the complete digital and /or paper files of their work in relation to Mr. Caridad's MDO status and recommitments, for the period of 1/1/2013 through 6/30/2017, including billing records if any. The Clerk of Court is directed to immediately issue to petitioner's c ounsel 3 subpoenas duces tecum forms, signed but otherwise blank, pursuant to Fed. R. Civ. P. 45(a)(3). Petitioner's expert report shall be disclosed to respondent no later than 3/11/2019. The evidentiary hearing regarding equitable tolling is hereby set for 4/8/2019 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (3 signed but otherwise blank subpoenas duces tecum forms served by mail on Marylou E. Hillberg) (Yin, K)
October 24, 2018 Opinion or Order Filing 128 ORDER signed by Magistrate Judge Allison Claire on 10/23/18 ORDERING petitioners status report filed October 22, 2018, 127 , is construed as a motion to compel discovery; the Clerk of Court is directed to so designate the matter on the docket. Mr. Rosenfeld is directed to file and serve a response to petitioners motion within 14 days after the filing date of this order; ideally, this response would demonstrate full compliance with the courts subject orders including a supporting declaration by Mr. Rosenfeld, previously due by October 17, 2018. Petitioner shall, within 7 days after service of Mr. Rosenfelds response, file and serve a reply. Counsel for respondent is requested, but not required, to file a response to these matters within 21 days after the filing date of this order.(Plummer, M) Modified on 10/24/2018 (Plummer, M).
October 12, 2018 Opinion or Order Filing 126 ORDER RE DISCOVERY signed by Magistrate Judge Allison Claire on 10/12/2018. (See Order for Details) (Yin, K)
September 20, 2018 Opinion or Order Filing 124 PROCEDURE AND PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 9/19/2018 ORDERING discovery of state attorney files shall be governed by the procedures set forth in this order, an any and all materials produced shall be subject to this Protective Order. (See Order for Details) (Yin, K)
August 2, 2018 Opinion or Order Filing 114 ORDER signed by Magistrate Judge Allison Claire on 08/01/18 ORDERING as to 104 Motion to Quash and petitioner's anticipated motion to compel discovery,( Motion Hearing set for 9/12/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judg e Allison Claire.) Petitioner shall file and serve any motion to compel on or before August 15, 2018. Any other third-party motions to quash shall be filed and served by August 15, 2018. All responses to all motions to quash, and to petitioners moti on to compel, shall be filed and served on or before August 29, 2018. Any reply to the responses noted in Paragraph 4 shall be filed and served no later than September 5, 2018. Counsel for both parties and for all third parties with whom there is a d iscovery dispute shall appear before the undersigned on Wednesday, September 12, 2018, at 10:00 a.m., in Courtroom No. 26. Within seven (7) days after the filing date of this order, petitioners counsel shall file and serve a notice identifying the appropriate respondent in this case.. (Plummer, M) Modified on 8/2/2018 (Plummer, M).
July 24, 2018 Opinion or Order Filing 112 ORDER signed by Magistrate Judge Allison Claire on 7/24/2018 ORDERING the 1/25/2018 hearing on Mr. Rosenfeld's motion to quash is VACATED, to be reset as further ordered below; petitioner's 110 motion to continue is GRANTED; the hearing n ow set for 8/20/2018 is VACATED and will be reset at or following hearing on discovery motions; petitioner's 111 motion to shorten time is DENIED as moot; the parties to this action and to the instant discovery dispute(s) shall, no later th an 7/31/2018, file a stipulation and proposed order setting forth dates for the filing of petitioner's motion to compel, any outstanding briefing regarding discovery motions, and a single hearing on all discovery motions. The provisions of Local Rule 251, with the exception of the meet and confer requirement, shall not apply. (Yin, K)
July 18, 2018 Opinion or Order Filing 108 ORDER signed by Magistrate Judge Allison Claire on 7/18/18 as to 104 Motion to Quash ( Motion Hearing set for 7/25/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) Petitioner shall file and serve a response to the motion on or before 7/23/18. (Plummer, M)
April 20, 2018 Opinion or Order Filing 101 ORDER signed by Magistrate Judge Allison Claire on 4/19/2018 GRANTING 99 Request for Issuance of 6 Subpoenas Duces Tecum and DIRECTING Clerk of Court to immediately issue to Petitioner's counsel 6 subpoenas duces tecum forms, signed by otherwise blank. 6 subpoenas duces tecum forms signed but otherwise blank issued by Clerk and sent to Marylou Elin Hillberg, Law Office of Marylou Hillberg, P.O. Box 1879, Sebastopol, CA 95472. (Henshaw, R)
March 7, 2018 Opinion or Order Filing 98 ORDER signed by Magistrate Judge Allison Claire on 3/7/2018 GRANTING petitioner's 93 motion for an evidentiary hearing, subject to the schedule set forth in this order. Respondent's 80 motion to dismiss shall remain pending until the conclusion of the evidentiary hearing. The Evidentiary Hearing is set for 8/20/2018 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (See Order for Details) (Yin, K)
January 5, 2018 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Allison Claire on 1/4/2018 GRANTING 90 Motion for Extension of Time. Petitioner shall file and serve his opposition to 88 Motion to Dismiss on or before 2/7/2018. Respondent shall file and serve a reply on or before 2/21/2018. The current Motion hearing is VACATED and RESCHEDULED for 3/7/2018, at 10:00 AM, in Courtroom 26 (AC), before Magistrate Judge Allison Claire. (York, M)
November 20, 2017 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Allison Claire on 11/17/2017 DISREGARDING Respondent's previously-filed 85 Motion to Dismiss and DENYING AS MOOT Petitioner's 86 Motion for Extension. (York, M)
November 16, 2017 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Allison Claire on 11/15/2017 ORDERING that Respondent shall, within 10 days after the filing date of this order, re-file and re-serve the 85 motion to dismiss in conformance with Local Rule 230(b)-(i). (York, M)
June 30, 2017 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Allison Claire on 06/30/17 granting 73 Motion for leave to proceed on his proposed third amended petition and attached exhibits. The clerk of the court is directed to: A. Separately file and docket petitioner' ;s Third Amended Petition and exhibits (currently docketed at ECF Nos. 73 -1 and 73 -2; and B. Indicate on the docket that petitioner's Third Amended Petition is the only currently operative petition in this case. The deadlines set forth in t he court's order filed 6/28/17 72 are vacated and rescheduled as follows: A. Petitioner shall, within 30 days after the filing date of this order, file and servea motion to stay the instant action pending exhaustion of his claims in the state courts; B. Respondent shall file and serve a response within 28 days after service ofpetitioners motion; and C. Petitioner may file and serve a reply within 14 days after service ofrespondents reply.. (Plummer, M)
June 28, 2017 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Allison Claire on 06/27/17 ordering petitioner's motion to proceed on his proposed amended petition 65 is granted. Petitioner's amended motion to amend 69 is denied as moot. The following briefing sche dule shall govern petitioners anticipated motion to stay the present action pending exhaustion of his claims in the state courts: A. Petitioner shall, within 30 days after the filing date of this order, file and serve a motion to stay the instant act ion pending exhaustion of his claims in the state courts; B. Respondent shall file and serve a response within 28 days after service of petitioners motion. C. Petitioner may file and serve a reply within 14 days after service of respondents reply. T he Clerk of Court is directed to: A. Separately file and docket petitioner's proposed second amended petition and exhibits (currently docketed as ECF Nos. 65 -1 and 65 -2; and B. Indicate on the docket that petitioner's initial motion to amend 65 is granted and petitioner's subsequent motion 69 is denied as moot. (Plummer, M) Modified on 6/28/2017 (Plummer, M).
March 17, 2017 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Allison Claire on 03/16/17 ordering that on or before 06/20/17, petitioner shall 1: File and serve his second amended petition for writ of habeas corpus, or a fully-briefed request that this action be voluntarily dismissed; OR 2. Show cause why additional time is needed. (Plummer, M)
September 30, 2016 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Allison Claire on 9/29/16 ORDERING that that MARYLOU HILLBERG, Attorney at Law, shall be substituted in as appointed counsel for Petitioner in place of the Office of the Federal Defender for the Eastern District of California.(Dillon, M)
September 22, 2016 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Allison Claire on 09/21/16 denying 51 Motion to Dismiss. Petitioner's request for appointment of counsel 30 previously denied without prejudice 32 is now granted. The Federal Defender is appointed to rep resent petitioner. Petitioner's counsel shall within 90 days after the filing date of this order, file a second amended petition for writ of habeas corpus or a fully-briefed request that this action be voluntarily dismissed. The clerk of the court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. (cc: Federal Defender: Habeas Appointment) (Plummer, M) Modified on 9/22/2016 (Plummer, M).
August 25, 2016 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Allison Claire on 08/25/16 ordering petitioner shall within 14 days after the filing date of this order, file and serve an opposition or statement of non-opposition to respondent's motion to dismiss; no extensio ns of time will be granted. Respondent may within 5 days after service of petitioner's response, file and serve a reply. Due to petitioners temporary detention in the county jail and the possible inaccessibility of his pertinent legal document s, the court will, in an abundance of caution, provide petitioner with copies of the documents essential to preparing his opposition or statementof opposition. The Clerk of Court is directed to send petitioner, together with a copy of this order, cop ies of the following documents: Petitioners First Amended Petition (FAP), ECF No. 27 (11 pp.). Respondents motion to dismiss, ECF No. 51 (6 pp.). Respondents earlier motion for enlargement of time, which contains the relevant chronology and documents in support of respondents motion, ECF No. 49 (23 pp.).(Plummer, M) Modified on 8/25/2016 (Plummer, M).
June 12, 2015 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Allison Claire on 06/11/15 denying 40 Motion to Dismiss. Respondent is directed to file a response to petitioner's habeas petition within 60 days after the filing date of this order. (Plummer, M)
June 3, 2015 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Allison Claire on 06/02/15 ordering counsel for respondent shall within 21 days after the filing date of this order, file (or lodge) the following documents with this court, and serve the same on petitioner: Copies o f the California Supreme Court orders dated 1/15/14, 4/16/14, and 9/10/14 denying Mr. Caridad's habeas petitions. Also, within 21 days after the filing date of this order, counsel for respondent shall file and serve a supplemental brief in supp ort of respondent's motion to dismiss that: 1)Addresses the effect, if any, of the contemporaneous signing on 1/06/12 of petitioner's recommitment orders for the periods 06/07/10 to 06/07/11; 06/07/11 to 06/07/12; and 06/07/12 to 06/07/13, on the validity of petitioner's commitment prior to 1/06/12 and for the period 06/07/12 to 06/07/13. 2) Addresses whether petitioner exhausted any of his instant federal claims based on the content of the "supporting facts" set forth i n his 10/03/13 California Supreme Court habeas petition (Case No. S213786); and 3) Addresses whether petitioner's instant federal habeas petition is moot and/or meets the "in custody" requirement. Petitioner may within 14 days after s ervice or respondent's supplemental brief and exhibits, file and serve a supplemental opposition. Alternatively, counsel for respondent may, within 7 days after the filing date of this order, request that the court vacate the pending motion to dismiss with leave to file an amended motion to dismiss within 30 days. In this event, petitioner shall refrain from filing any response pending further order of the court. (Plummer, M)
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Petitioner: Benjamin T Caridad
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Respondent: Harry Oreol
Represented By: Matthew C Mulford, NCAED
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Respondent: O. C. Luna
Represented By: Matthew C Mulford, NCAED
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