Speight v. Davey
| Kristopher Deshawn Speight |
| Dave Davey |
| 2:2015cv00209 |
| January 26, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| Dale A. Drozd |
| 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
48
MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 6/16/2021 DENYING the Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus. IT IS FURTHER ORDERED THAT the Court issues a Certificate of Appealability solely with respect t o Speight's CALCRIM No 301 claim (Ground 1) as well as his claim that trial counsel was ineffective for failing to object to that instruction (Ground 7a). See 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) (To obtain a certificate of appealability, a prisoner must `demonstrat[e] that jurists of reason could disagree with the district court' resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. The Clerk of the Court is to enter judgment accordingly. CASE CLOSED.(Mena-Sanchez, L)
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Filing
44
ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2019 DENYING without prejudice 43 Motion to Appoint Counsel. (Henshaw, R)
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Filing
41
ORDER signed by District Judge Troy L. Nunley on 8/29/2017 DENYING 31 Petitioner's Motion for Certificate of Appealability. (Reader, L)
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Filing
36
ORDER signed by Magistrate Judge Deborah Barnes on 6/28/2017 GRANTING 35 Motion for Extension of Time to File Responsive Pleading. Responsive pleading to be filed by 8/2/2017. (Henshaw, R)
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Filing
33
ORDER signed by Magistrate Judge Deborah Barnes on 6/2/17 ORDERING that respondent shall file an answer to the petition within 30 days from the date of this order. (Kastilahn, A)
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Filing
27
ORDER adopting 23 FINDINGS AND RECOMMENDATIONS and granting in part and denying in part 16 Motion to Dismiss signed by District Judge Troy L. Nunley on 2/27/17. (Kaminski, H)
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Filing
23
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/06/17 recommending that respondent's motion to dismiss 16 be granted in part and denied in part as follows: Respondent's motion to dismiss the petition based on lack of jurisdiction be denied; Respondent's motion to dismiss petitioner's claims regarding his 2010 sentence be granted and the court dismiss the allegations in claim 7 that petitioner's trial counsel was ineffective for failing to object to the 25 year to life sentence on the grounds that it violates the 8th amendment. MOTION to DISMISS 16 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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| Petitioner: Kristopher Deshawn Speight | |
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| Respondent: Dave Davey | |
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