Bunyard v. Davis
| Jerry Bunyard |
| Ron Davis |
| 2:2015cv01790 |
| August 24, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Allison Claire |
| William B. Shubb |
| Death Penalty |
| 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
61
ORDER signed by Senior Judge William B. Shubb on 1/4/19 ADOPTING 58 FINDINGS AND RECOMMENDATIONS to the extent that they are not inconsistent with the reasoning of this order. Petitioner's 51 motion to stay and abey federal habeas corpus proceedings is GRANTED. Respondent's 45 motion to dismiss is DENIED as moot. (Kastilahn, A)
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Filing
58
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/19/18 RECOMMENDING that petitioner's motion for stay and abeyance 51 be granted, and that respondent's motion to dismiss 45 be denied as moot. Motions 45 and 51 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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Filing
38
ORDER signed by Senior Judge William B. Shubb on 1/28/16: The findings and recommendations filed January 12, 2016, are adopted in full. Petitioner's motion for equitable tolling 20 is GRANTED IN PART, for a period of sixty-eight (68) days, and the filing date for the petition accordingly is extended to August 31, 2016. (Kaminski, H)
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Filing
33
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/12/16 RECOMMENDING that petitioners motion for equitable tolling, ECF No. 20 , be GRANTED IN PART, for a period of 68 days, and that the filing date for the petition accordingly be extended to August 31, 2016. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
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Filing
22
ORDER signed by Magistrate Judge Allison Claire on 12/11/15 ORDERING that the time for electronically lodging the record, and request to seal documents is extended through and including December 23, 2015.(Dillon, M)
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Filing
12
ORDER signed by Magistrate Judge Allison Claire on 10/14/15 ordering by 6/24/16, unless a different date is subsequently ordered by the court, petitioner shall file the petition pursuant to 28 USC 2254. By 12/14/15, respondent shall file a Notice o f Lodging and lodge with court the state court record as specified below. (See order for further details). Petitioner intends to file a motion for equitable tolling. Such a motion shall be filed no later than 11/16/15. The answer shall be filed no later than 12 months after the filing date of the petition. The petition and answer need not include points and authorities regarding application of 28 USC 2254 (d). A briefing schedule will be set after the petition and answer have been filed.(Plummer, M)
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Filing
6
ORDER signed by Magistrate Judge Allison Claire on 8/28/15 ORDERING that Saor E. Stelter, and Richard G. Novak, are appointed to represent petitioner. On September 18, 2015, at 10:00 a.m., the undersigned will hold a case managementconference. Clerk of the Court is directed to file under seal the Selection Boards August 27, 2015 letter to the undersigned. In addition to serving this order upon counsel, the Clerk is directed to serve it upon Kurt Heiser, CJA Administrator, Office of the Federal Defender for the EasternDistrict of California.(Dillon, M)
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Filing
5
ORDER signed by Magistrate Judge Allison Claire on 08/24/15 granting 2 Motion to Proceed IFP. Mr. Bunyard's application for appointment of counsel 1 is granted. Counsel will be appointed following notice from the Eastern District Selectio n Board either that the Federal Defender, Capital Habeas Unit, or that other qualified counsel available for appointment has been identified. There being no scheduled execution date pending, Mr. Bunyard's request for a stay of execution is deni ed without prejudice to renewal should any proceedings related to the execution of his sentence of death, including preparation for execution and the setting of an execution date, be instituted in state court during the pendency of the instant proceedings. (Plummer, M)
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| Respondent: Ron Davis | |
| Represented By: | Robert C Nash |
| Represented By: | Kenneth Norman Sokoler |
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| Petitioner: Jerry Bunyard | |
| Represented By: | Jennifer Marie Corey Mann |
| Represented By: | Richard G. Novak |
| Represented By: | Saor E Stetler |
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