Burton v. Director

Petitioner: Eric Wilton Burton
Respondent: Director
Case Number: 3:2008cv00325
Filed: April 18, 2008
Court: California Southern District Court
Office: Habeas Corpus (General) Office
County: Kings
Presiding Judge: Larry Alan Burns
Referring Judge: Louisa S Porter
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
October 24, 2011 245 Opinion or Order of the Court ORDER Re: Certificate of Appealability. Burton's habeas petition presented four claims, all of which the Court rejected. The first two claims alleged that Burton's right under Faretta v. California to represent himself at trial was violate d. The Court GRANTS Burton a certificate of appealability as to those two claims. While the Court found them to fail, the record allows for the possibility that a reasonable jurist might reach a different conclusion. The Court DENIES Burton a cert ificate of appealability, however, as to his claims under Brady and Batson. Those claims are implausible. IT IS SO ORDERED. Signed by Judge Larry Alan Burns on 10/24/2011. (Order electronically transmitted to US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
September 30, 2011 238 Opinion or Order of the Court ORDER ADOPTING REPORT AND RECOMMENDATION. Burton's petition for a writ of habeas corpus is denied. The Clerk may close this case. Signed by Judge Larry Alan Burns on 9/30/11. (All non-registered users served via U.S. Mail Service)(kaj)(jrd)
March 8, 2011 215 Opinion or Order of the Court ORDER denying without prejudice as premature petitioner's request for authentication, denying without prejudice petitioner's request for an evidentiary hearing, and denying without prejudice petitioner's motion for appointment of counsel 211 . Signed by Magistrate Judge Louisa S Porter on 3/8/11. (All non-registered users served via U.S. Mail Service)(kaj)
November 29, 2010 200 Opinion or Order of the Court ORDER denying petitioner's 195 Motion for Reconsideration. Signed by Magistrate Judge Louisa S Porter on 11/29/10. (All non-registered users served via U.S. Mail Service)(kaj)
August 23, 2010 186 Opinion or Order of the Court ORDER ADOPTING REPORT AND RECOMMENDATIONS 168 173 ; Respondent's motion to dismiss Burton's First Amended Petition 143 is denied, and the Petitioner's motion to amend his Petition 156 is denied. Signed by Judge Larry Alan Burns on 8/22/10.(All non-registered users served via U.S. Mail Service)(kaj) (jrl).
August 20, 2010 185 Opinion or Order of the Court ORDER denying 180 Motion to Compel Discovery: In light of Petitioner's failure to present specific allegations showing he may, if the facts are fully developed, be able to demonstrate he is entitled to relief, the Court denies Petitioner's Motion to Compel Discovery without prejudice.Signed by Magistrate Judge Louisa S Porter on 8/20/10. (All non-registered users served via U.S. Mail Service)(lmt)
July 12, 2010 171 Opinion or Order of the Court ORDER denying 140 Motion for Discovery. It is hereby ordered that with regard to Petitioner's first request, because Petitioners Marsden motion hearing transcript is a part of the record and in light of Petitioner's failure to present spe cific allegations showing he may, if the facts are fully developed, be able to demonstrate he is entitled to relief, the Court denies Petitioner's request without prejudice. With regard to his second request, in light of Petitioner's failur e to present specific allegations showing he may, if the facts are fully developed, be able to demonstrate he is entitled to relief, the Court denies Petitioner's request without prejudice. Signed by Magistrate Judge Louisa S Porter on 7/12/2010. (All non-registered users served via U.S. Mail Service)(leh)
December 11, 2009 135 Opinion or Order of the Court ORDER Denying 101 Motion to Dismiss Without Prejudice and ORDER for Petitioner to File Lodgment 17: Petitioner shall file a legible copy of his Petition for Writ of Habeas Corpus, filed with the California Supreme Court on September 4, 2008, case n o. S166540, on or before January 11, 2010. If Respondent still contends Petitioner has failed to exhaust his state remedies with regard to Ground 3 after Petitioner files a legible copy of Lodgment 17, Respondent shall file a motion to dismiss no la ter than February 11, 2010. A hearing date is not required for the motion to dismiss. If Respondent files a motion to dismiss, Petitioner shall file his opposition no later than March 11, 2010. Signed by Magistrate Judge Louisa S Porter on 12/11/09. (All non-registered users served via U.S. Mail Service) (pdc) (jrl).
April 7, 2009 89 Opinion or Order of the Court ORDER denying w/o prejudice Respondent's 41 Motion to Dismiss; Granting Petitioner's 47 Motion to Stay and 61 Motion to Stay. Court adopts 65 Report and Recommendations. Case is stayed pending resolution of Petitioner's state h abeas petition. Petitioner to provide a status update of his habeas petition in the CA Supreme Court w/in 30 days of the date of this Orde is entered. Court recommends that Atty General refile its motion to dismiss once all of the issues are fully before the Court. Signed by Judge Larry Alan Burns on 4/7/2009. (All non-registered users served via U.S. Mail Service).(jah) (jrl).

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Petitioner: Eric Wilton Burton
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Respondent: Director
Represented By: Attorney General
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