Tanner v. Sherman
Petitioner: Frederick Tanner
Respondent: Stu Sherman
Case Number: 2:2016cv00581
Filed: March 21, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
August 25, 2020 Opinion or Order Filing 70 MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 8/25/2020 ORDERING that the Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus is DENIED. The Court DECLINES to issue a Certificate of Appealability. The Clerk is to enter judgment accordingly. CASE CLOSED (Kastilahn, A)
November 28, 2018 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Kendall J. Newman on 11/28/2018 GRANTING 64 Motion for Extension of Time. The response to the petition shall be filed on or before 12/26/2018. (Huang, H)
September 26, 2018 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Kendall J. Newman on 09/26/18 ORDERING respondent is directed to file a response to petitioner's amended habeas petition within 60 days from the date of this order. (Plummer, M)
August 13, 2018 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Kendall J. Newman on 8/13/2018 GRANTING 57 Motion for Extension of Time. Petitioner to file amended petition by 9/12/2018. No further extensions of time will be granted. (Henshaw, R)
March 30, 2018 Opinion or Order Filing 52 ORDER ADOPTING 50 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 03/29/18; PARTIALLY GRANTING Respondent's 36 Motion to Dismiss. Within 30 days, Petitioner shall file an amended petition or file a request to strike unexhausted claims as set forth in the findings and recommendations. (Benson, A.)
March 8, 2018 Opinion or Order Filing 50 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/8/2018 VACATING the 3/30/2017 finding that Claim 3 was exhausted; CONSTRUING 22 and 23 Motions to Accept Newly-Exhausted Claims as a Motion to Amend and GRAN TING Petitioner leave to amend to include claim 6 nunc pro tunc as of 11/15/2016; DIRECTING Clerk of Court to strike the 5th claim from the petition as requested by Petitioner; and RECOMMENDING 36 Motion to Dismiss be partially granted and within 3 0 days from the date of this order, Petitioner to file an amended petition or file a request to strike unexhausted claims, as set forth in this Order and Findings and Recommendations. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
November 20, 2017 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Kendall J. Newman on 11/20/2017 GRANTING 42 Motion for Extension. Petitioner shall file his opposition to respondent's 36 renewed motion to dismiss on or before 1/8/2018. (York, M)
July 13, 2017 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2017 ORDERING Tony Faryar Farmani, Attorney at Law, is substituted in as appointed counsel for Petitioner in place of the Office of the Federal Defender for the Eastern District of California. (Henshaw, R)
July 7, 2017 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2017 GRANTING petitioner's 30 , 31 motions for the appointment of counsel. The Federal Defender is APPOINTED to represent petitioner. The Clerk shall serve a copy of this order on t he FD, Attention: Habeas Appointment. Petitioner's counsel shall contact the Clerk's office to make arrangements for copies of documents in the file. Petitioner is GRANTED an extension of time to file an opposition to the 36 motion to dismiss; such opposition shall be filed on or before 8/22/2017. (cc: FD, Habeas Appointment)(Yin, K)
March 3, 2017 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Kendall J. Newman on 3/3/2017 ORDERING that Petitioner's 21 , 22 , 24 motions are DENIED as moot. Respondent's 14 motion to dismiss is DENIED as moot. Petitioner's 25 motion for appointment of counsel is DENIED without prejudice. Respondent is directed to file a response to petitioner's habeas petition within sixty days from the date of this order. If the response to the habeas petition is an answer, petitioner's reply, if an y, shall be filed and served within thirty days after service of the answer. If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondent's reply, if any, shall be filed and served within fourteen days thereafter. (Zignago, K.)
October 21, 2016 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/16 ORDERING that petitioner's motions for appointment of counsel (ECF No. 4 , 11 and 18 ) are DENIED without prejudice to a renewal of the motion at a later stage of the proceedings. (Dillon, M)
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Petitioner: Frederick Tanner
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Respondent: Stu Sherman
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