California Eastern District Court
Judge:Kirk E Sherriff
Referred: Stanley A Boone
Case #: 1:06-cv-00942
Nature of Suit535 Prisoner Petitions - Habeas Corpus - Death Penalty
Cause28:2254 Ptn for Writ of H/C - Stay of Execution
Case Filed:Jul 20, 2006
Last checked: Thursday Jun 16, 2016 4:07 AM PDT
Petitioner
Rodney Jesse San Nicolas
H-48300
San Quentin, CA 94974
Represented By
Wesley Andrew Van Winkle
Law Offices Of Wesley A. Van Winkle
contact info
Joseph Schlesinger
California Appellate Project
contact info
Harry Willard Simon
Federal Public Defender'S Office
contact info
Respondent
Robert Ayers
Represented By
Patrick James Whalen
Law Offices Of Brooks Ellison
contact info
Charles Austin French
California Attorney General'S Office
contact info
Ward Allen Campbell
California Department Of Justice
contact info
Angelo Sipin Edralin
Office Of The Attorney General
contact info

GPO Sep 27 2006
ORDER Granting 7 MOTION for EXTENSION stay of execution filed by Rodney Jesse San Nicolas. Certificate of Inmate Account due by 10/10/2006. The request for extension of the temporary stay ofexecution is granted and all court and other proceedingsrelated to the execution of his sentence of death,including preparation for execution and the setting of anexecution date, are stayed to 11/14/2006. signed by Judge Anthony W. Ishii on 9/26/2006. (Timken, A)
GPO Oct 23 2006
ORDER GRANTING MOTION to PROCEED IN FORMA PAUPERIS filed by Rodney Jesse San Nicolas 9 2; motions terminated; stay extended to 11/13/06; order signed by Judge Anthony W. Ishii on 10/20/06. (Rooney, M)
GPO Nov 28 2006
ORDER signed by Judge Anthony W. Ishii on 11/27/06 ORDERING 11 SECOND MOTION to STAY Execution of add'l 45 days filed by Rodney Jesse San Nicolas, is GRANTED.All court and other proceedings related to the execution of his sentence of death, including preparation for execution and the setting of an execution date, are stayed an additional forty-five days, through 12/28/06. Case Management due by 12/28/2006. (Carter-Ford, R)
GPO Jan 18 2007
ORDER RE: Appointment of Interim Counsel. Signed by Judge Anthony W. Ishii on 1/18/07. (Hellings, J)
GPO Feb 02 2007
ORDER Appointing interim counsel Attorney Wesley Andrew Van Winkle for Rodney Jesse San Nicolas added. signed by Judge Anthony W. Ishii on 2/1/7. (Kusamura, W)
GPO Mar 01 2007
ORDER determining timeliness of respondent's opposition to equitable tolling motion signed by Judge Lawrence J. O'Neill on 2/28/2007. (Timken, A)
GPO Mar 09 2007
ORDER VACATING March 12, 2007 hearing date and granting 25 MOTION for EXTENSION Equitable tolling of 188 days by Rodney Jesse San Nicolas signed by Judge Lawrence J. O'Neill on 3/9/2007. (Timken, A)
GPO Mar 30 2007
ORDER following Phase I case management conference. State Record due by 4/17/2007. Phase II CMC set for 6/21/2007 at 08:45 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. Order signed by Judge Lawrence J. O'Neill on 3/30/2007. (Timken, A)
GPO Mar 30 2007
ORDER Appointing Counsel. Attorney Harry Willard Simon for Rodney Jesse San Nicolas added as co-counsel. Order signed by Judge Lawrence J. O'Neill on 3/30/2007. (Timken, A)
GPO Jun 22 2007
ORDER following Phase II-A case management conference; order signed by Judge Lawrence J. O'Neill on 6/22/07. (Rooney, M)
GPO Aug 22 2007
ORDER signed by Judge Lawrence J. O'Neill on 8/22/07 denying 51 Motion to Stay Litigation of Federal Habeas Proceedings, vacating hearing date and admonishing Respondent's Counsel. (Lundstrom, T)
GPO Sep 17 2007
ORDER DENYING Respondent's Request for Modification of August 22, 2007 Order 61: The Warden's request to modify the August order to delete three identified passages is DENIED. Signed by Judge Lawrence J. O'Neill on 9/17/07. (Hellings, J)
GPO Feb 11 2008
ORDER Granting Leave For Respondent to File Opposition Brief Under Seal signed by District Judge Lawrence J. O'Neill on 2/11/2008. (Esteves, C)
GPO Mar 03 2008
ORDER (1) Granting Petitioner's Request to Hold Federal Proceedings in Abeyance; (2) Dismissing Without Prejudice Claims 2 and 3 in Addendum Petition; and (3) Granting Petitioner's Request to File Addendum Petition Under Seal signed by District Judge Lawrence J. O'Neill on 3/3/08. (Verduzco, M)
GPO Feb 20 2014
ORDER DIRECTING RESPONDENT to File an Answer to the Petition signed by District Judge Lawrence J. O'Neill on 2/19/2014. (Jessen, A)
GPO Apr 23 2014
ORDER REFERRING 116 Respondent's Motion to Dismiss to Magistrate Judge Stanley A. Boone, signed by District Judge Lawrence J. O'Neill on 4/22/2014. Motion Hearing RESET for 4/24/2014 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Jessen, A)
GPO Apr 29 2014
ORDER Redacting Confidential Portions of the Transcript of the April 24, 2014 Hearing signed by Magistrate Judge Stanley A. Boone on 4/29/2014. (Jessen, A)
GPO May 09 2014
FINDINGS and RECOMMENDATIONS Recommending Granting Respondent's 116 Motion to Dismiss for Lack of Jurisdiction, signed by Magistrate Judge Stanley A. Boone on 5/9/14. Referred to Judge O'Neill; 14-Day Deadline. (Verduzco, M)
GPO May 16 2014
ORDER signed by Magistrate Judge Stanley A. Boone on 5/15/2014 redacting confidential portions of the transcript of April 24, 2014 hearing re 122. (Lundstrom, T)
GPO May 29 2014
ORDER GRANTING 131 Request to Seal Supplemental Allegations in Support of Petitioner's Objections to Magistrate's Findings and Recommendations Granting Respondent's Motion to Dismiss for Lack of Exhaustion signed by Magistrate Judge Stanley A. Boone on 5/29/2014. (Jessen, A)
GPO Aug 29 2014
ORDER REMANDING Petitioner's Sealed Claim to the California Supreme Court for Clarification With Specific Questions, signed by District Judge Lawrence J. O'Neill on 8/28/14. (Hellings, J)
GPO Oct 23 2014
MEMORANDUM DECISION and ORDER GRANTING 135 Motion to Reconsider Order Remanding Petitioner's Sealed Claim to the California Supreme Court; DECLINING TO ADOPT 125 FINDINGS AND RECOMMENDATIONS Re Respondent's Motion to Dismiss for Lack of Exhaustion; and DENYING 116 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 10/22/2014. (Sant Agata, S)
GPO Feb 06 2015
ORDER directing respondent to file an answer. Order directing parties to file joint statement regarding merits briefing. Signed by Magistrate Judge Stanley A. Boone on 2/6/2015. (Hernandez, M)
GPO Mar 16 2015
ORDER GRANTING Respondent's Unopposed 140 Application to Modify Scheduling Order signed by Magistrate Judge Stanley A. Boone on 3/13/2015. (Sant Agata, S)
GPO Jul 30 2015
ORDER GRANTING 143 Respondent's Request to Seal Answer to Sealed Addendum to Petition for Writ of Habeas Corpus signed by Magistrate Judge Stanley A. Boone on 7/29/2015. (Jessen, A)
GPO Aug 19 2015
ORDER DIRECTING Court Clerk to Return Respondent's Lodged Document 6, signed by Magistrate Judge Stanley A. Boone on 8/19/15. (Marrujo, C)
GPO Aug 25 2015
ORDER SETTING Case Management Conference and Initiating Phase III Budget signed by Magistrate Judge Stanley A. Boone on 8/25/2015. Telephonic Conference set for 9/22/2015 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Sant Agata, S)
GPO Sep 23 2015
SCHEDULING ORDER Following Case Management Conference, signed by Magistrate Judge Stanley A. Boone on 9/23/15. (Verduzco, M)
GPO Dec 23 2016
ORDER granting 161 Request to Seal Document signed by District Judge Dale A. Drozd on 12/23/2016. (Lundstrom, T)
GPO Dec 28 2016
ORDER upon 162 Stipulation modifying 156 Scheduling Order signed by District Judge Dale A. Drozd on 12/28/2016. (Lundstrom, T)
GPO Sep 18 2017
ORDER GRANTING Request to File Document under SEAL signed by District Judge Dale A. Drozd on 9/18/2017. (Sant Agata, S)
GPO Jan 09 2018
ORDER GRANTING Petitioner's Unopposed 171 Motion for First Extension of Time to File Reply Memoranda Regarding 28 U.S.C. 2254(d); ORDER MODIFIYING Scheduling Order signed by District Judge Dale A. Drozd on 1/9/2017. (Sant Agata, S)
GPO Jan 29 2018
ORDER granting unopposed request to file documents under seal 174, 175 & 176 signed by District Judge Dale A. Drozd on 1/28/2018. (Lundstrom, T)
GPO Jan 25 2024
ORDER (1) GRANTING 182 Motion to Withdraw by Co-Counsel Wesley A. Van Winkle, and (2) REFERRING Case to the Selection Board for Recommendation of Replacement Counsel signed by Chief District Judge Kimberly J. Mueller on 1/24/2024. (Sant Agata, S)
GPO May 15 2024
ORDER Appointing Replacement Counsel signed by District Judge Kirk E. Sherriff on 5/14/2024. Attorney John Robert Mills for Rodney Jesse San Nicolas added. (Lawrence, A)

Docket last updated: 05/02/2025 11:59 PM PDT
Thursday, May 16, 2024
187 187 notice Notice of Appearance Thu 05/16 11:45 AM
NOTICE of APPEARANCE by John Robert Mills on behalf of Rodney Jesse San Nicolas. (Mills, John)
Related: [-]
Wednesday, May 15, 2024
186 186 misc Sealed Event Wed 05/15 10:03 AM
SEALED EVENT. (Lawrence, A)
Related: [-]
185 185 3 pgs order Order ~Util - Add and Terminate Attorneys Wed 05/15 10:00 AM
ORDER Appointing Replacement Counsel signed by District Judge Kirk E. Sherriff on 5/14/2024. Attorney John Robert Mills for Rodney Jesse San Nicolas added. (Lawrence, A)
Related: [-]