Chris A. Belton v. Milusnic
Petitioner: Chris A. Belton
Respondent: Warden Milusnic
Case Number: 3:2019cv00321
Filed: December 23, 2019
Court: US District Court for the District of Alaska
Presiding Judge: Timothy M Burgess
Referring Judge: Deborah M Smith
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2019 Filing 15 Case transferred in from District of California Central; Case Number 2:19-cv-03994. Original file certified copy of transfer order and docket sheet received.
December 19, 2019 Opinion or Order Filing 14 ORDER: (1) ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; AND (2) TRANSFERRING THE ACTION TO THE DISTRICT OF ALASKA by Judge Michael W. Fitzgerald for Report and Recommendation (Issued) #13 , Motion to Dismiss or Transfer #5 . IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss the Petition (Dkt. 5) is GRANTED in part as follows: (a) the Petition is recharacterized as a Motion pursuant to 28 U.S.C. 2255; and (b) so recharacterized, the action is transferred to the United States District Court for the District of Alaska. (see document for further details) Original file, certified copy of the transfer order and docket sheet sent electronically. (MD JS-6. Case Terminated.) (Attachments: #1 Transmittal Letter) (hr) [Transferred from California Central on 12/23/2019.]
August 19, 2019 Filing 13 REPORT AND RECOMMENDATION issued by Magistrate Judge John D. Early. IT IS THEREFORE RECOMMENDED that the District Court issue an Order (1) approving and accepting this Report and Recommendation; (2) granting #5 Respondent's Motion to Dismiss in part as follows: (a) recharacterizing the Submission as a motion under 28 U.S.C. 2255; and (b) transferring the case to the United States District Court for the District of Alaska #1 . (mba) [Transferred from California Central on 12/23/2019.]
August 19, 2019 Filing 12 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John D. Early. Objections to R&R due by 9/9/2019. (mba) [Transferred from California Central on 12/23/2019.]
June 25, 2019 Opinion or Order Filing 11 MINUTES (IN CHAMBERS) Order Re: Motion for Appointment of Counsel #9 by Magistrate Judge John D. Early. The Motion (Dkt. 9) is DENIED without prejudice. (see document for details) (hr) [Transferred from California Central on 12/23/2019.]
June 21, 2019 Filing 10 FINANCIAL AFFIDAVIT in Support of #9 Motion for Appointment of Counsel, filed as to Petitioner Chris A. Belton. (mba) [Transferred from California Central on 12/23/2019.]
June 21, 2019 Filing 9 MOTION for Appointment of Counsel, filed by Petitioner Chris A. Belton. (mba) [Transferred from California Central on 12/23/2019.]
June 7, 2019 Filing 8 CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Respondent Milusnic. (McLain, Billy) [Transferred from California Central on 12/23/2019.]
June 7, 2019 Filing 7 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) #6 , Motion to Dismiss Petition or Transfer #5 by Magistrate Judge John D. Early. Please re-file the Consent to Proceed Before a United States Magistrate Judge (CV-11B), attached at Docket No. 5-5, as a separate document using the correct event. (hr) [Transferred from California Central on 12/23/2019.]
June 7, 2019 Filing 6 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss Petition or Transfer #5 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is Motion, Dismiss. Other error(s) with document(s): The Consent to Proceed Before a United States Magistrate Judge (CV-11B), attached at Docket No. 5-5, should be filed as a separate document using the event Consent to Proceed before US Magistrate Judge - NON-FINAL. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) [Transferred from California Central on 12/23/2019.]
June 6, 2019 Filing 5 MOTION to Dismiss Petition or Transfer to the District of Alaska filed by Respondent Milusnic. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Consent To Proceed Before Magistrate, #6 Proposed Order, #7 Certificate of Service)(McLain, Billy) Modified on 6/7/2019 (hr). [Transferred from California Central on 12/23/2019.]
May 27, 2019 Filing 4 NOTICE of Appearance filed by attorney Billy Joe McLain on behalf of Respondent Milusnic (Attorney Billy Joe McLain added to party Milusnic(pty:res))(McLain, Billy) [Transferred from California Central on 12/23/2019.]
May 13, 2019 Opinion or Order Filing 3 ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge John D. Early. That Respondent Milusnic file Answer to the Petition not later than 6/27/2019. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. Motions to Dismiss shall be filed by 6/12/2019. (Attachments: #1 Petition, #2 Blank Consent Form, #3 IFP Request) (mba) [Transferred from California Central on 12/23/2019.]
May 7, 2019 Filing 2 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Michael W. Fitzgerald and referred to Magistrate Judge John D. Early, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (Attachments: #1 CV111 Notice of Discrepancies for filing of Habeas Corpus Petition and CV69 ifp, #2 CV69 ifp) (et) [Transferred from California Central on 12/23/2019.]
May 7, 2019 Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Michael W. Fitzgerald and referred to Magistrate Judge John D. Early. (Filing fee $ 5 FEE DUE.), filed by Petitioner Chris A. Belton. (et) [Transferred from California Central on 12/23/2019.]

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Petitioner: Chris A. Belton
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Respondent: Warden Milusnic
Represented By: Billy Joe McLain
Represented By: Assistant 2241-194 US Attorney LA-CV
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