Esparza v. Anderson
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|Date Filed||#||Document Text|
|March 22, 2013
Opinion and Order. Petitioner Gregory Esparza's Motion for Certificate of Appealability Pursuant to 28 U.S.C. § 2253(c) (Related doc # 208 ) is denied. Judge Christopher A. Boyko on 3/22/2013. (H,CM)
|February 27, 2013
Order granting in part and denying in part Petitioner's Motion to alter/amend judgment (Related Doc # 197 ); granting Petitioner's Motion for order to expand the record(Related Doc # 200 ); granting in part and denying in part Petitioner's Motion to alter/amend judgment (Related Doc # 201 ). Judge Christopher A. Boyko on 2/27/2013.(R,D)
|July 12, 2012
Memorandum of Opinion and Order. Pursuant to the United States Supreme Court's decision in Mitchell v. Esparza, 540 U.S. 12 (2003), that portion of this Court's 10/13/2000 Opinion & Order granting Claim 1 of Esparza's Petition for Writ of Habeas Corpus is vacated. In addition, the Court vacates those portions of this Court's 10/13/2000 Opinion & Order granting Claims 39, 44, and 52. Upon renewed consideration of these Claims, the Court finds that Claims 39, 44, and 5 2 are without merit and denied. Accordingly, Esparza's Petition for Writ of Habeas Corpus is denied. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could be taken in good faith as to Claims 39 and 44, and the Court issues a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Federal Rule Appellate Procedure 22(b) as to those Claims only. As to Claim 52, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). Judge Christopher A. Boyko on 7/12/2012. (H,CM)
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