Thornberry v. Lizarraga
| Daniel Lee Thornberry |
| Joseph Lizarraga |
| 3:2016cv02083 |
| August 15, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| Amador |
| Cynthia Bashant |
| Nita L. Stormes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
82
ORDER granting Respondent's 64 Motion to Dismiss. Court overrules Petitioner's Objections 75 , 79 , 81 , and adopts in its entirety the Magistrate Judge's 74 Report and Recommendation. Because the Petitioner has not made a su bstantial showing of the denial of a constitutional right, Court denies him a certificate of appealability. The Clerk shall enter judgment and close the case. Signed by Judge Cynthia Bashant on 11/17/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
74
REPORT AND RECOMMENDATION re 64 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Scott Kernan. Court recommends that the district judge grant Respondent's motion and dismiss the Second Amended Petition. Objections to R&R due by 10/6/2017. Replies due by 10/16/2017. Signed by Magistrate Judge Nita L. Stormes on 9/15/2017. (jah). Modified on 9/15/2017 - Copy of this Order mailed to Petitioner via U.S. Mail Service. NEF Regenerated (jah).
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Filing
63
ORDER denying Petitioner's 55 Second Motion to Expand the Record. Petitioner fails to show that the factual predicate of his claim could not have been discovered during the course of his state court proceedings or that he can establish by clear and convincing evidence that he is eligible for Prop 47 relief. Signed by Magistrate Judge Nita L. Stormes on 6/2/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
35
ORDER ADOPTING REPORT AND RECOMMENDATION. Court approves and adopts 20 Report and Recommendation in its entirety, and grants Petitioner Daniel Lee Thornberry's 13 Motion to Amend the Petition. Court orders the Clerk to file pages 3-16 of P etitioner's 13 Motion to Amend the Petition as Petitioner's First Amended Petition. Court overrules Petitioner's 21 Objection to Judge Stormes' 11/9/2016 Order Denying Motion to Expand the Record. Signed by Judge Cynthia Bashant on 12/6/2016. (All non-registered users served via U.S. Mail Service) (jah). Modified on 12/7/2016 - Edited file date. Regenerated NEF (jah).
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| Petitioner: Daniel Lee Thornberry | |
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| Respondent: Joseph Lizarraga | |
| Represented By: | Attorney General |
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