Ervine v. Davis
Petitioner: Dennis Newton Ervine
Respondent: Ron Davis
Case Number: 2:2015cv01916
Filed: September 10, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Presiding Judge: Troy L. Nunley
Nature of Suit: Death Penalty
Cause of Action: 28:2254
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
March 6, 2018 Opinion or Order Filing 55 ORDER signed by District Judge Troy L. Nunley on 3/5/2018 ADOPTING 54 Findings and Recommendations in full. Petitioner's 37 Motion for Stay/Abeyance is GRANTED. Respondent's 33 Motion to Dismiss is DENIED. Petitioner is ORDERED to file a notice with this Court within thirty days of a decision by the California Supreme Court on his exhaustion petition. CASE STAYED. (Zignago, K.)
January 10, 2018 Opinion or Order Filing 54 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/9/2018 RECOMMENDING 37 Motion to Stay be granted and 33 Motion to Dismiss be denied. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
November 15, 2017 Opinion or Order Filing 52 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 11/14/2017 CONTINUING the 37 Motion to Stay Hearing to 1/5/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Hunt, G)
September 27, 2017 Opinion or Order Filing 46 ORDER signed by Magistrate Judge Deborah Barnes on 9/26/2017 GRANTING respondent's 45 motion for a continuance. The hearing on petitioner's 37 Motion to Stay and Abeyance is CONTINUED to 12/15/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Respondent's opposition is due on 11/3/2017 and any reply brief is due on 11/10/2017. (Yin, K)
August 8, 2017 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Deborah Barnes on 8/7/2017 STRIKING the 7/28/2017 stipulation from the record; and the court finds good cause for respondent's 41 unopposed motion for extension of time and CONFIRMS the dates set out in the 7/31/2017 order. (Yin, K)
July 31, 2017 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Deborah Barnes on 7/31/2017 GRANTING 41 Motion to Continue Hearing on Petitioner's Motion for Stay and Abeyance and Modify Briefing Schedule. Hearing on Petitioner's Motion for Say and Abeyance continued to 10/20/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Opposition due on 9/22/2017 and any reply brief due on 9/29/2017. (Henshaw, R)
May 9, 2017 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Deborah Barnes on 05/09/17 as to 37 MOTION to STAY ( Motion Hearing continued to 8/11/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) Respondents opposition to the motion for stay and abeyance is due on July 21, 2017 and petitioners reply is due July 28, 2017. (Plummer, M)
October 7, 2016 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Deborah Barnes on 10/06/16 granting in part 23 Motion for Protective Order. Within five days of the filed date of this order, petitioner shall file a copy of exhibit 290 with the jurors name redacted. The Clerk of the Court is directed to file under seal exhibits 290-301 to the petition. Within five days of the filed date of this order, petitioner shall serve copies of exhibits 291-301 on respondent, subject to the protective order set out in paragraph 2, belo w. By January 31, 2017, respondent shall file and serve a motion to dismiss or other pleading responsive to the petition. Within thirty days of service of the motion, petitioner shall file an opposition. Within fifteen days thereafter, respondent shall file any reply. The court will schedule oral argument if necessary. (See order for further details). (Plummer, M) Modified on 10/7/2016 (Plummer, M).
November 17, 2015 Opinion or Order Filing 19 ORDER signed by Magistrate Judge Allison Claire on 11/16/15 ORDERING that Respondents November 5, 2015 Request to Seal is GRANTED. The Clerk of the Court is directed to file under seal respondents November 5, 2015Request to Seal Documents and CD and respondents Proposed Order Sealing LodgedDocuments. The Clerk is directed to lodge under seal the appropriate documents and CD (see order for details).(Dillon, M)
October 19, 2015 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Dale A. Drozd on 10/16/15 ORDERING that by August 19, 2016, petitioner shall file the petition pursuant to 28 U.S.C. § 2254. By November 6, 2015, respondent shall file a Notice of Lodging and lodge with the court the state court record (see order for details). (Dillon, M)
September 22, 2015 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Dale A. Drozd on 9/21/15 ORDERING that the Office of the Federal Defender, Capital Habeas Unit, is appointed to representpetitioner pursuant to 18 U.S.C § 3599. See Local Rule 191(c). On October 16, 2015 at 9:3 0 a.m., the undersigned will hold a case management conference. Clerk of the Court is directed to file under seal the Selection Boards September 14, 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 Eastern District of California.(Dillon, M)
September 14, 2015 Opinion or Order Filing 5 ORDER signed by Magistrate Judge Dale A. Drozd on 9/11/2015 GRANTING Mr. Ervine's 2 request to proceed IFP. Mr. Ervine's 1 application for appointment of counsel is GRANTED. Counsel will be appointed following notice from the Eastern District Selection Board either that the Federal Defender, Capital Habeas Unit, or that other qualified counsel available for appointment has been identified. Mr. Ervine's 1 request for stay of execution is DENIED without prejudice to renewal should any proceedings related to the execution of his sentence of death be instituted in state court during the pendency of the instant proceedings.. (Yin, K)
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Respondent: Ron Davis
Represented By: Laura Wetzel Simpton
Represented By: Kenneth Norman Sokoler
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Petitioner: Dennis Newton Ervine
Represented By: Jennifer Marie Corey Mann
Represented By: Karl Saddlemire
Represented By: Tivon Schardl
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