Avery v. Kernan
Petitioner: Brenton Duane Avery
Respondent: Scott Kernan
Case Number: 4:2005cv00700
Filed: February 16, 2005
Court: US District Court for the Northern District of California
Office: Oakland Office
Presiding Judge: Claudia Wilken
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 12, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2010 EXHIBITS DISPOSED (cp, COURT STAFF) (Filed on 1/12/2010)
January 9, 2009 Filing 31 CLERKS NOTICE re withdrawal of exhibits (cp, COURT STAFF) (Filed on 1/9/2009)
September 5, 2008 Filing 30 JUDGMENT (scc, COURT STAFF) (Filed on 9/5/2008)
September 5, 2008 Opinion or Order Filing 29 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS. Signed by Judge Claudia Wilken on 9/5/08. (scc, COURT STAFF) (Filed on 9/5/2008)
January 16, 2008 Opinion or Order Filing 28 ORDER GRANTING EXTENSION OF TIME FOR PETITIONER TO FILE TRAVERSE.. Signed by Judge Claudia Wilken on 1/16/08. (scc, COURT STAFF) (Filed on 1/16/2008)
December 14, 2007 Filing 27 Traverse byBrenton Duane Avery. (Attachments: #1 envelope)(kc, COURT STAFF) (Filed on 12/14/2007)
September 17, 2007 Opinion or Order Filing 26 ORDER by Judge Claudia Wilken granting 22 Motion for Extension of Time to File Traverse; denying 23 Motion to Appoint Counsel ; granting 24 Motion for Extension of Time to File Traverse (scc, COURT STAFF) (Filed on 9/17/2007)
May 11, 2007 Opinion or Order Filing 25 ORDER RE ELECTRONIC FILING IN CASES WITH UNREPRESENTED PARTIES: Case designated for electronic filing. Effective immediately all represented parties will e-file their submissions to the court. Represented parties will be required to serve paper copies by mail on unrepresented parties. Unrepresented litigants will continue to file and serve all submissions to the court in paper form unless prior leave is obtained from the assigned judge. Signed by Chief Judge Vaughn Walker dated 5/11/07. Copy mailed to counsel of record. (cp, COURT STAFF) (Filed on 5/11/2007)
November 16, 2006 Filing 24 MOTION for Extension of Time to File traverse pending court ruling filed by Brenton Duane Avery. (cp, COURT STAFF) (Filed on 11/16/2006)
November 15, 2006 Filing 23 MOTION to Appoint Counsel filed by Brenton Duane Avery. (cp, COURT STAFF) (Filed on 11/15/2006)
October 18, 2006 Filing 22 MOTION for Extension of Time to File a traverse filed by Brenton Duane Avery. (cp, COURT STAFF) (Filed on 10/18/2006)
September 14, 2006 Filing 21 NOTICE by Scott Kernan of lodging exhibits re 20 Memorandum in Support, 19 Answer to Habeas Petition, (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Filing 20 MEMORANDUM in Support re 19 Answer to Habeas Petition, filed byScott Kernan. (Related document(s) 19 ) (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Filing 19 ANSWER to Petition for Writ of Habeas Corpus byScott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibit C1 by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibit B by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibit A2 by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibit C2 by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibit C4 by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibits D,E,F,G by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibit C6 by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibit C5 by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibit A1 by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
September 14, 2006 Received Document: Exhibit C3 by Scott Kernan. (cp, COURT STAFF) (Filed on 9/14/2006)
August 10, 2006 Opinion or Order Filing 18 ORDER by Judge Claudia Wilken GRANTING 16 Third Motion for Extension of Time to Answer to and including September 15, 2006. If Petitioner wishes to respond to the answer, he shall file a traverse within thirty days of receipt of the answer. No further extensions will be granted absent extraordinary good cause. (kc, COURT STAFF) (Filed on 8/10/2006)
August 3, 2006 Filing 17 Declaration of Kelly M. Croxton in Support of 16 MOTION for Extension of Time to File Answer re 1 Petition for Writ of Habeas Corpus filed byScott Kernan. (Related document(s) 16 ) (cp, COURT STAFF) (Filed on 8/3/2006)
August 3, 2006 Filing 16 MOTION for Extension of Time to File Answer re 1 Petition for Writ of Habeas Corpus to and including 9/15/06 by Scott Kernan (cp, COURT STAFF) (Filed on 8/3/2006) Modified on 8/4/2006 (cp, COURT STAFF).
July 21, 2006 Filing 15 Letter dated 7/14/06 from Brenton Avery regarding motion for enlargement of time to file answer. (kc, COURT STAFF) (Filed on 7/21/2006)
July 10, 2006 Opinion or Order Filing 14 ORDER by Judge Claudia Wilken granting 12 Motion for Extension of Time to Answer until 8/18/06; traverse, if any, is due 30 days of receipt of the answer (cp, COURT STAFF) (Filed on 7/10/2006) Modified on 7/12/2006 (cp, COURT STAFF).
June 30, 2006 Filing 13 Declaration of Kelly M. Croxton in Support of 12 MOTION for Enlargement of Time to File Answer re 1 Petition for Writ of Habeas Corpus filed byScott Kernan. (Related document(s) 12 ) (kc, COURT STAFF) (Filed on 6/30/2006)
June 30, 2006 Filing 12 MOTION for Enlargement of Time to File Answer re 1 Petition for Writ of Habeas Corpus filed by Scott Kernan. (kc, COURT STAFF) (Filed on 6/30/2006)
June 30, 2006 Proposed Order re 12 MOTION for Extension of Time to File Answer re 1 Petition for Writ of Habeas Corpus by Scott Kernan. (kc, COURT STAFF) (Filed on 6/30/2006)
June 12, 2006 Opinion or Order Filing 11 ORDER by Judge Claudia Wilken granting 9 Motion for Extension of Time to Answer to 7/19/06; petitioner may file a traverse and serve it on respondent within 30 days of his receipt of the answer (cp, COURT STAFF) (Filed on 6/12/2006)
June 2, 2006 Filing 10 Declaration of Kelly M. Croxton in Support of 9 MOTION for Extension of Time to File Answer filed byScott Kernan. (Related document(s) 9 ) (cp, COURT STAFF) (Filed on 6/2/2006)
June 2, 2006 Filing 9 MOTION for Extension of Time to File Answer to the petition for writ of habeas corpus filed by Scott Kernan. (cp, COURT STAFF) (Filed on 6/2/2006)
April 20, 2006 Opinion or Order Filing 7 ORDER REOPENING CASE; granting leave to file the amended petition as filed on 2/16/05; respondent to show cause why the petition should not be granted within 60 days of the issuance of this order. Signed by Judge Claudia Wilken on 4/20/06. (cp, COURT STAFF) (Filed on 4/20/2006)
January 3, 2006 Received Document: Amended Petition for Habeas Corpus by Brenton Duane Avery. (cp, COURT STAFF) (Filed on 1/3/2006)
November 9, 2005 Filing 6 JUDGMENT: dismissing petition without prejudice for failure to exhaust state remedies. ***Civil Case Terminated.. Signed by Judge Claudia Wilken on 11/9/05. (cp, COURT STAFF) (Filed on 11/9/2005)
November 9, 2005 Opinion or Order Filing 5 ORDER by Judge Claudia Wilken dismissing action without prejudice;granting 4 Motion for Leave to Proceed in forma pauperis, granting 2 Motion for Leave to Proceed in forma pauperis (cp, COURT STAFF) (Filed on 11/9/2005)
March 17, 2005 Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Brenton Duane Avery. (cp, COURT STAFF) (Filed on 3/17/2005)
February 16, 2005 Filing 8 AMENDED PETITION for Writ of Habeas Corpus. Filed byBrenton Duane Avery. (cp, COURT STAFF) (Filed on 2/16/2005)
February 16, 2005 Filing 3 CLERK'S NOTICE re insufficient In Forma Pauperis Application (cp, COURT STAFF) (Filed on 2/16/2005)
February 16, 2005 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Brenton Duane Avery. (cp, COURT STAFF) (Filed on 2/16/2005)
February 16, 2005 Filing 1 PETITION for Writ of Habeas Corpus (no process). Filed byBrenton Duane Avery. (cp, COURT STAFF) (Filed on 2/16/2005)

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Petitioner: Brenton Duane Avery
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Respondent: Scott Kernan
Represented By: Kelly Michelle Croxton
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