Leonard v. Davis
Petitioner: Eric Royce Leonard
Respondent: Ron Davis
Case Number: 2:2017cv00796
Filed: April 17, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Presiding Judge: John A. Mendez
Nature of Suit: Death Penalty
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
May 17, 2019 Opinion or Order Filing 59 ORDER signed by District Judge John A. Mendez on 5/17/19 ADOPTING the findings and recommendations filed 4/23/19 (ECF No. 58 ), in full; GRANTING Petitioner's motion for stay and abeyance (ECF No. 49 ); DENYING Respondent's motion to dismiss (ECF No. 51 ) as moot; and the Petitioner shall file his state exhaustion petition no later than forty-five days after the filing of this order. (Becknal, R)
April 23, 2019 Opinion or Order Filing 58 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/22/2019 RECOMMENDING petitioner's 49 motion for stay and abeyance be granted, and that respondent's 51 motion to dismiss be denied as moot. In the event th ese findings and recommendations are adopted and the motion to stay is granted, petitioner be ordered to file his state exhaustion petition no later than 45 days after the filing of this court's order. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
March 26, 2019 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Allison Claire on 3/25/2019 VACATING 13 Scheduling Order pending resolution of 51 Motion to Dismiss and 49 Motion to Stay. (Henshaw, R)
January 24, 2019 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Allison Claire on 1/24/2019 GRANTING 46 Motion for Leave to File a Motion to Dismiss; ORDERING Respondent to file Motion to Dismiss within 7 days of the filing of this order; and VACATING the 2/6/2019 hearing on the motion. Respondent to notice the Motion to Dismiss to be heard at the same time as 49 Motion for Stay and Abeyance. (Henshaw, R)
January 24, 2018 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Allison Claire on 1/24/2018 GRANTING petitioner's 34 motion to permit filing of the petition without citations to the electronic record. Petitioner may file an initial petition without citations to the elec tronic record in this case. Within 60 days of the filing of the petition, petitioner shall file an amended petition that includes the required citations to the electronic record. The 2/7/2018 hearing on the motion is VACATED. Petitioner's 35 request to shorten the time for noticing the motion is DENIED as moot. (Yin, K)
November 21, 2017 Opinion or Order Filing 33 ORDER ON REQUEST TO SEAL DOCUMENTS signed by Magistrate Judge Allison Claire on 11/20/2017 GRANTING Respondent's 32 Request to file under seal. (Hunt, G)
August 31, 2017 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Allison Claire on 8/31/2017 GRANTING 23 Motion for Extension of Time. Respondent has an additional 60 days, to and including 10/30/2017, to lodge the record in this matter. (Henshaw, R)
May 31, 2017 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Allison Claire on 5/30/2017 ORDERING petitioner shall file the petition pursuant to 28 U.S.C. § 2254 by 3/29/2018. Respondent shall file a Notice of Lodging and lodge with the court the state record by 8/31/201 7. Petitioner does not currently intend to file a motion for equitable tolling. 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 U.S.C. § 2254(d). A briefing schedule will be set after the petition and answer have been filed. (See Order for Details)(Yin, K)
April 27, 2017 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Allison Claire on 4/26/2017 APPOINTING Attorney John Robert Mills for Eric Royce Leonard and DIRECTING Clerk of Court to file Selection Board letter UNDER SEAL. (Henshaw, R)
April 20, 2017 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Allison Claire on 4/20/17 granting 2 Motion to Proceed IFP. Mr. Leonard's application for appointment of counsel 1 is granted. The matter is referred to the Selection Board for the Eastern District of California for recommendation of counsel. (Plummer, M)
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Respondent: Ron Davis
Represented By: Clara Morgan Levers
Represented By: Kenneth Norman Sokoler
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Petitioner: Eric Royce Leonard
Represented By: Jennifer Marie Corey Mann
Represented By: John Robert Mills(Designation CJA Appointment)
Represented By: Harry Willard Simon
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