(HC) Phea v. The People of the State of California
Petitioner: Malanje Phea
Respondent: The People of the State of California
Case Number: 2:2020cv00283
Filed: February 3, 2020
Court: US District Court for the Eastern District of California
Presiding Judge: Gregory G Hollows
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 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
October 5, 2022 Opinion or Order Filing 94 ORDER signed by Senior Judge William B. Shubb on 10/05/22 ADOPTING 93 Findings and Recommendations in full and DENYING 91 Motion for Relief from Judgment. Court DECLINES to issue COA. (Benson, A.)
September 8, 2022 Opinion or Order Filing 93 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/08/22 DENYING 92 Motion to Appoint Counsel. Also, RECOMMENDING that petitioner's motion 91 be denied. Motion 91 referred to Judge William B. Shubb. Objections due within 14 days.(Plummer, M)
January 28, 2022 Opinion or Order Filing 88 ORDER signed by Senior Judge William B. Shubb on 1/27/22 ADOPTING 52 , 63 Findings and Recommendations and DENYING 51 Motion to Stay. Petitioner's writ for habeas corpus is DISMISSED due to all claims being either procedurally defaulted, and/or without merit. The Clerk of the Court shall enter judgment in favor of respondent. The court declines to issue the certificate of appealability. (Kaminski, H)
January 24, 2022 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Kendall J. Newman on 1/24/22 DENYING 82 petitioner's motion without prejudice. (Plummer, M)
November 24, 2021 Opinion or Order Filing 76 ORDER signed by Senior Judge William B. Shubb on 11/24/2021 ADOPTING IN FULL 74 Findings and Recommendations and DENYING 73 Petitioner's Amended Motion for Relief from Judgment. (Rodriguez, E)
October 22, 2021 Opinion or Order Filing 74 ORDER and FINDINGS and RECOMMENDATIONS signed by District Judge Gregory G. Hollows on 10/21/21 LIFTING the STAY of this action and DENYING 72 petitioner's request for an evidentiary hearing. Also, RECOMMENDING that petitioner's amended motion for relief from judgment 73 be denied. Motion 73 referred to Judge William B. Shubb. Objections due within 21 days.(Plummer, M) Modified on 10/22/2021 (Plummer, M).
April 15, 2021 Opinion or Order Filing 67 ORDER signed by Senior Judge William B. Shubb on 4/15/2021 ORDERING the court DECLINES to address the pending findings and recommendations at this time, and all proceedings are hereby STAYED pending resolution of the appeal. CASE STAYED. (Zignago, K.)
March 12, 2021 Opinion or Order Filing 63 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/12/2021 DENYING 54 , 56 , and 57 Motions Seeking to Include Additional Case Law and RECOMMENDING 51 Motion to Stay be denied. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
February 17, 2021 Opinion or Order Filing 52 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/16/2021 ORDERING the Clerk to attach ECF No. 36 - 1 to these findings and recommendations as Appendix A. IT IS RECOMMENDED that petitioner's 22 wr it for habeas corpus be dismissed due to all claims being either procedurally defaulted, and/or without merit, and judgment entered in favor of respondent; and the District Court decline to issue a certificate of appealability. Referred to Judge William B. Shubb; Objections to F&R due within 21 days. (Yin, K)
November 23, 2020 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/23/20 DENYING 39 , 43 , 47 Motions to Appoint Counsel without prejudice to a renewal of the motion at a later stage of the proceedings; DENYING 46 Motion to Disqualify. (Benson, A.)
November 16, 2020 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/13/2020 STRIKING 38 Unauthorized Third Amended Habeas Petition and ORDERING Petitioner to file a traverse no later than 30 days from the date of this order. (Henshaw, R)
October 7, 2020 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/7/2020 DENYING 34 Motion to Appoint Counsel. (Henshaw, R)
August 17, 2020 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/14/2020 DENYING without prejudice 27 Motion to Appoint Counsel. (Henshaw, R)
May 14, 2020 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/14/2020 DISMISSING 17 First Amended Petition with leave to amend within 30 days from the date of this order. (Henshaw, R)
April 16, 2020 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/16/20 DENYING 18 Motion for release and DENYING 19 request to expedite motion for release. The Clerk of the Court shall substitute C. Pfeiffer as the respondent in this case. (Plummer, M)
March 20, 2020 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Gregory G. Hollows on 03/20/20 VACATING 5 The courts deadlines set forth in its February 24, 2020 order; DENYING 12 Motion to Appoint Counsel ; DENYING 13 Motion to change case name; GRANTING 8 motion to amend. Petitioner is granted thirty days from the date of this order to file an amended application for writ of habeas corpus. The Clerk of the Court is directed to send petitioner the courts form application for writ of habeas corpus. (Plummer, M)
February 6, 2020 Opinion or Order Filing 2 ORDER Transferring Case to the Sacramento Division of the Eastern District of California signed by Magistrate Judge Jennifer L. Thurston on 02/06/2020. New Case Number 2:20-cv-283 GGH.(Flores, E)
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Petitioner: Malanje Phea
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Respondent: The People of the State of California
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