Ayala v. Ornoski, et al
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|Date Filed||#||Document Text|
|May 13, 2009
ORDER granting in part and denying in part 261 Petitioner's Application for a Certificate of Appealability and Issuing a Limited COA. Petitioner's Application raises several issues on which reasonable jurists could disagree, or that deser ve encouragement to proceed further. For the foregoing reasons, the Court GRANTS Petitioner's Application for a COA on Claims 1, 2, 4, 5, and 26 and DENIES Petitioner's Application for a COA on Claims 22, 24, and 27. The Court ISSUES a COA limited to Claims 1, 2, 4, 5, and 26. Signed by Judge Irma E. Gonzalez on 5/13/2009. (cc: US Court of Appeals). (akr)
|February 17, 2009
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is entered in favor of Respondent against Petitioner. Court denies Petitioner's Motion for Summary Adjudication on Claim 26. Respondent's Motion for Summary Adjudiction on Claim 26 is granted. Respondent's Motion to Dismiss Claim 26 pursuant to Teague v. Lane is granted. Third Amended Petition for Writ of Habeas Corpus is denied as to all claims. Case is closed. (jah)
|February 13, 2009
ORDER denying Petitioner's 252 Motion for Stay and Abeyance. Court finds Petitioner has failed to meet burden of demonstrating that a stay is warranted under Rhines. Signed by Judge Irma E. Gonzalez on 2/13/2009. (jah)
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