Jackson v. Warden of CSP-Solano
| Racardo Jackson |
| Warden of CSP-Solano |
| 2:2014cv02268 |
| September 29, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| Morrison C. England |
| 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
79
ORDER signed by Senior Judge Morrison C. England, Jr on 11/20/2023 DENYING 1 Petition for Writ of Habeas Corpus. CASE CLOSED. (Clemente Licea, O)
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Filing
76
ORDER signed by Senior Judge Morrison C. England, Jr on 12/06/21 ADOPTING 75 Findings and Recommendations in full GRANTING 72 Motion to Stay pending appeal. (Benson, A.)
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Filing
75
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/26/21 RECOMMENDING that respondent's motion for stay pending appeal 72 be granted. Motion 72 referred to Judge Morrison C. England Jr. Objections due within 14 days.(Plummer, M)
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Filing
70
STIPULATION and ORDER CONCERNING RELEASE OR RETRIAL signed by Senior Judge Morrison C. England, Jr on 4/14/2021. Respondent shall release Petitioner Racardo Jackson unless the state commences proceedings to retry him within ninety (90) days of thi s Court's 3/18/2021, Order granting the petition for writ of habeas corpus. Respondent reserves the right to move this Court for a stay of Petitioner's conditional date of release in the event Respondent files a Notice of Appeal in this Court. (Mena-Sanchez, L)
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Filing
64
ORDER signed by Senior Judge Morrison C. England, Jr. on 3/17/2021 ADOPTING in FULL 59 Findings and Recommendations. GRANTED in PART and DENIED in PART Petitioner's petition for a writ of habeas corpus. The court DECLINES to issue the Certificate of Appealability referenced in 28 U.S.C. § 2253. CASE CLOSED(Reader, L)
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Filing
59
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/29/2020 RECOMMENDING petitioner's petition for a writ of habeas corpus be granted on the bases that: (1) the prosecutors questions and argument regarding petitioners pos t-Miranda silence violated petitioners Fifth Amendment rights, and (2) petitioners Sixth Amendment right to the effective assistance of counsel was violated by his trial attorneys failure to object to the prosecutors questions and argument regarding petitioners silence but in all other respects, the petition should be denied. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after beings erved with these findings and recommendations. (Henshaw, R)
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Filing
57
ORDER signed by Magistrate Judge Deborah Barnes on 8/27/2018 ORDERING pursuant to 56 Stipulation, Petitioner's traverse to be due on or before 10/29/2018. (Henshaw, R)
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Filing
51
ORDER signed by Magistrate Judge Deborah Barnes on 4/9/2018 GRANTING 50 Motion for Extension of Time. Respondent may have until 6/7/2018 to file his answer to the application for writ of habeas corpus. (Henshaw, R)
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Filing
48
ORDER signed by District Judge Morrison C. England, Jr on 12/6/2017 ORDERING that the STAY is EXTEDNED to 1/3/2018; and the Amended Petition shall be filed by 1/3/2018. (Washington, S)
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Filing
44
ORDER signed by District Judge Morrison C. England, Jr. on 09/28/17 ORDERING that the stay of these proceedings is EXTENDED to 11/27/17; by 11/27/17, petitioner shall filed his amended petition. (Benson, A.)
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Filing
42
ORDER adopting in full 41 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 3/3/17. Petitioner's 36 motion to stay these proceedings pending exhaustion is GRANTED. Petitioner is advised that the court expects him to pursue his remaining state court post-conviction remedies without delay. Petitioner is ORDERED to inform this court within 30 days of a decision by the California Supreme Court on his exhaustion petition. (Kastilahn, A)
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Filing
41
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/30/2017 RECOMMENDING petitioner's 36 motion to stay these proceedings pending exhaustion be granted; and petitioner be advised that the court expects him to pursue his remaining state court post-conviction remedies without delay and petitioner be ordered to inform this court within 30 days of a decision by the CA Supreme Court on his exhaustion petition. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Yin, K)
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Filing
34
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 07/13/16 ordering for the above reasons, the parties stipulate that petitioners amended petition and motion to stay and abey may be filed on July 22, 2016. It is further stipulat ed that, in addition to the forgoing agreement with respect filing dates,the parties also agree that none of respondents defenses to the amended petition will be waived by this stipulation. Possible defense include, but are not limited to, respondent s possible defense that one or more of petitioners federal claims, as may be set forth in the amended petition, are untimely and therefore time barred. Nor does this stipulation waive respondents right to object to petitioners motion to stay and abey the presently pending federal petition. (Plummer, M) Modified on 7/13/2016 (Plummer, M).
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Filing
31
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/16 ORDERING that within thirty days of this order, the parties shall file a joint status report. Upon receipt of the joint status report, the court will determine whether and when a status conference is necessary. (Mena-Sanchez, L)
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Filing
28
ORDER signed by Magistrate Judge Dale A. Drozd on 10/08/15 ordering that Michael B. Bigelow, 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. (Plummer, M)
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Filing
26
ORDER signed by Magistrate Judge Dale A. Drozd on 09/18/15 denying 8 Motion to Dismiss. The Federal Defender is appointed to represent petitioner. The clerk of the court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment; and petitioner's counsel shall contact the Clerk's office to make arrangements to obtain copies of documents in the file if necessary. (cc: Federal Defender, Habeas Appointment) (Plummer, M) Modified on 9/18/2015 (Plummer, M).
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Filing
22
ORDER signed by Chief Judge Morrison C. England, Jr. on 8/20/2015 FINDINGS AND RECOMMENDATIONS 21 are ADOPTED in FULL; and Petitioner's 13 Motion to Stay and Abeyance is DENIED. (Reader, L)
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Filing
21
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/24/2015 RECOMMENDING that petitioner's 13 motion for a stay and abeyance be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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| Petitioner: Racardo Jackson | |
| Represented By: | Joel Ming Chan |
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| Respondent: Warden of CSP-Solano | |
| Represented By: | Gregory Albert Ott |
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