Hoyos v. Wong

Petitioner: Jaime Hoyos
Respondent: Robert K. Wong
Case Number: 3:2009cv00388
Filed: February 26, 2009
Court: California Southern District Court
Office: Death Penalty - Habeas Corpus Office
County: San Diego
Presiding Judge: M. James Lorenz
Referring Judge: Nita L. Stormes
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Ptn for Writ of H/C - Stay of Execution

Available Case Documents

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

Date Filed#Document Text
January 4, 2011 72 Opinion or Order of the Court ORDER: Denying (Doc. 61 ) Respondent's Motion to Dismiss For Failure to Exhaust; Granting Petitioner's Motion to Stay Federal Petition Under Kelly v. Small; and Setting Deadlines For Withdrawal of Unexhausted Claim Under Kelly and For Commencement of State Exhaustion Proceedings. The Court Denies Respondent's Motion to Dismiss, Grants Petitioner's Motion for Stay and Abeyance, and Sets deadlines as follows: the court grants Petitioner a thirty (30) day period i n which to commence litigation on the unexhausted claim in state court. Petitioner shall present Claim 14 to the state court within thirty (30) days of the date this Order is stamped "Filed," and file proof of that submission in this Court. Thereafter, Petitioner shall file a brief report with this Court every ninety (90) days informing the Court of the status of the state court petition. Finally, Petitioner shall file his Second Amended Petition in this case within thirty (30) days of the state court's resolution of his state habeas petition. If Petitioner does not file an Amended Petition within this time frame, the stay and abeyance shall be lifted, and the matter shall proceed accordingly. During the state court proceedin gs, all proceedings on the federal petition will be stayed. This will allow the California Supreme Court to complete the litigation of the state habeas petition before the substantive litigation on the federal habeas petition proceeds in this Court. Signed by Judge M. James Lorenz on 1/4/2011. (All non-registered users served via U.S. Mail Service) (srm)
February 16, 2010 36 Opinion or Order of the Court ORDER Granting 30 Petitioner's MOTION for Equitable Tolling; Granting Request for Permission to File a First Amended Petition; Tolling the Deadline for Filing the First Amended Petition to September 1, 2010; and Denying Petitioner's Reque st for an Order Prohibiting Respondent from Filing a Responsive Pleading: The First Amended Petition for Writ of Habeas Corpus is due on or before Wednesday, September 1, 2010. After the First Amended Petition is filed, the Court ORDERS the parties t o confer and attempt to reach an agreement on which claims are unexhausted, and to discuss how to proceed in this matter. After conferring, the parties are ordered to file a Joint Statement on or before Wednesday, September 15, 2010. Signed by Judge M. James Lorenz on 2/16/2010.(All non-registered users served via U.S. Mail Service)(mjj)
March 6, 2009 2 Opinion or Order of the Court ORDER Staying Execution of Death Sentence and referring Matter to Selection board for Suggestion of Appointed Counsel: Petitioners request for appointment of counsel is GRANTED. The execution of Petitioner's sentence of death, and all court and other proceedings related to the execution of that sentence, including preparation for execution and the setting of an execution date, are stayed for forty-five (45) days, up to and including Monday, April 13, 2009. Signed by Judge M. James Lorenz on 3/5/2009. (All non-registered users served via U.S. Mail Service)(Certified copies mailed as per the order).(mjj) (Attachment(s) added on 3/6/2009 to correct main document image) (mjj). Modified on 3/6/2009 to add text (mjj) (jrl).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Hoyos v. Wong
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Jaime Hoyos
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Robert K. Wong
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?