John A Abraham v. Scott Kernan
| John A Abraham, . |
| Scott Kernan |
| 2:2004cv03296 |
| May 11, 2004 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Margaret A Nagle |
| George H Wu |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on December 31, 2010. A more recent docket listing may be available from PACER.
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Filing 68
Order by Judge George H Wu Denying Certificate of Appealability (car)
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| Filing 67 JUDGMENT by Judge George H Wu, Related to: R&R Adopting Report and Recommendations, #66 . IT IS ADJUDGED that this action is dismissed with prejudice. (MD JS-6, Case Terminated). (mz) |
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Filing 66
ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge George H Wu for Report and Recommendation (Issued), #64 . (mz)
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| Filing 65 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Margaret A. Nagle. Objections to R&R due by 8/31/2010 (ec) |
| Filing 64 REPORT AND RECOMMENDATION issued by Magistrate Judge Margaret A. Nagle. Re Petition for Writ of Habeas Corpus (2254) 1 (ec) |
| Filing 63 NOTICE OF REQUEST FOR A STATUS REPORT filed by Petitioner John A Abraham. (mz) |
| Filing 62 REPLY TO RESPONDENT'S SUPPLEMENTAL ANSWER #54 filed by Petitioner John A Abraham. (mz) |
| Filing 61 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Margaret A. Nagle, re: REQUEST for Issuance of Petitioner's Copy Of Respondent's Supplemental Answer Filed On July 22, 2008 #60 . IT IS ORDERED that the Request is GRANTED as follows: The Clerk shall send to Petitioner, by United States mail, a copy of this Order and a copy of the Supplemental Answer. (mz) |
| Filing 60 REQUEST For Petitioner's Copy Of Respondent's Supplemental Answer Filed On July 22, 2008 filed by Petitioner John A Abraham. (mz) |
| Filing 58 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Margaret A. Nagle responding to petitioner's "Notice". (Attachments: #1 8/4/08 minute order, #2 Supplement Answer) (ec) |
| Filing 59 NOTICE filed by petitioner John A. Abraham. (pcl) |
| Filing 55 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Margaret A. Nagle regarding letter and sua sponte extending briefing deadline. Petitioners time to file and serve his Supplemental Reply is extended to November 18, 2008. (ec) |
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Filing 56
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge Margaret A. Nagle ORDERING Letter From Petitioner submitted by Petitioner John A Abraham received on 7/29/08 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (mz)
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| Filing 57 Letter from John A. Abraham. (mz) |
| Filing 54 Supplemental Answer to Pet. for Writ of Habeas Corpus; Memo. of P's & A's filed by Respondent Scott Kernan.(Kim, Susan) |
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Filing 53
ORDER by Magistrate Judge Margaret A. Nagle, re: EXPARTE APPLICATION for Extension of Time to File Supplemental Answer #52 . IT IS ORDERED that Respondent's application for an extension of time is GRANTED, and Respondent has to and including July 22, 2008, in which to file and serve the Supplemental Answer addressing the supplemental claims of the Lodged Petition. No further extensions of time will be granted absent a showing of exceptional circumstances. IT IS FURTHER ORDERED that the Court's Order of January 24, 2008, shall otherwise remain in effect. (mz)
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| Filing 52 EXPARTE APPLICATION for Extension of Time to File Supplemental Answer filed by Respondent Scott Kernan. (Attachments: #1 Proposed Order)(Kim, Susan) |
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Filing 51
ORDER by Judge Margaret A. Nagle granting EXPARTE APPLICATION for Extension of Time to File Supplemental Answer #50 (ec)
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| Filing 50 EXPARTE APPLICATION for Extension of Time to File Supplemental Answer filed by Respondent Scott Kernan. (Attachments: #1 Proposed Order)(Kim, Susan) |
| Filing 49 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret A. Nagle denying petitioner's request for default judgment against respondent Scott Kernan #48 . (ec) |
| Filing 48 REQUEST for Default against respondent Scott Kernan filed by petitioner John A Abraham. (ec) |
| Filing 47 PETITIONER'S OBJECTIONS To Respondent's Further Request For Enlargement Of Time #44 filed by Petitioner John A Abraham. (mz) |
| Filing 46 NOTICE of Change of Address changing address to R.J. Donovan Correctional Facility, P.O. Box 799001, San Diego, CA 92179-9001. Filed by petitioner John A. Abraham (ec) |
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Filing 45
ORDER by Judge Margaret A. Nagle granting EXPARTE APPLICATION for Extension of Time to File Supplemental Answer #44 (ec)
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| Filing 44 EXPARTE APPLICATION for Extension of Time to File Supplemental Answer filed by Respondent Scott Kernan. (Attachments: #1 Proposed Order)(Kim, Susan) |
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Filing 43
ORDER by Judge Margaret A. Nagle granting EXPARTE APPLICATION for Extension of Time to File Supplemental Answer #42 (ec)
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| Filing 42 EXPARTE APPLICATION for Extension of Time to File Supplemental Answer filed by Respondent Scott Kernan. (Attachments: #1 Proposed Order)(Kim, Susan) |
| Filing 41 FIRST AMENDED PETITON FOR WRIT OF HABEAS CORPUS against Respondent Scott Kernan amending Petition for Writ of Habeas Corpus (2254) 1 , filed by Petitioner John A Abraham. Attachments: #1 (mz) |
| Filing 40 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret A. Nagle directing amendment of petition and further briefing. [see order for details] (ec) |
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Filing 39
ORDER OF THE CHIEF JUDGE (#07-135) approved by Chief Judge Alicemarie H. Stotler. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge George H. Wu, this case is transfered from Judge George H. King to the calendar of Judge George H Wu for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 04-3296-GW(MAN).(stsh, )
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| Filing 38 NOTICE of Change of Address changing address of John A Abraham T26337, to FI-02-116, PO Box 799001, San Diego, CA 92179-9001. Filed by Plaintiff John A Abraham (mg, ) |
| Filing 37 NOTICE of Change of Address changing address to FSP, Bld 2-B2-19, PO Box 715071, Represa, CA 95671. Filed by Plaintiff John A Abraham (mg, ) |
| Filing 36 AMENDED NOTICE of Appearance filed by attorney Susan S Kim on behalf of Respondent Scott Kernan (mg, ) |
| Filing 35 Petitioner's REPLY to Respondent's BRIEF filed by Petitioner John A Abraham (shb, ) |
| Filing 34 RESPONDENT'S OPPOSITION TO AMENDMENT OF THE PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES; EXHIBITS filed by Respondent Scott Kernan. (shb, ) |
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Filing 33
MINUTES OF IN CHAMBERS ORDER by Judge Margaret A. Nagle regarding proposed filing and directing briefing. (ec, )
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| Filing 31 NOTICE OF LODGING document filed by plaintiff John A Abraham. (mg, ) |
| Filing 32 NOTICE OF LODGING Exhibit (J) of Reply to replace incorrected copy filed by petitioner John A Abraham. (jp, ) |
| Filing 30 REPLY to the Answer for Writ of Habeas Corpus (2254) 1 filed by Petitioner John A Abraham. (mg, ) |
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Filing 28
MINUTES OF IN CHAMBERS ORDER by Judge Margaret A. Nagle granting petitioner's request for extension of time. Petitioner's time to file and serve the reply is extended to 5/13/05. (ec, )
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| Filing 29 REQUEST for Extension of Time to File a Reply filed by Petitioner John A Abraham. (pbap, ) |
| Filing 27 NOTICE OF DISCREPANCY AND ORDER: by MagistrateJudge Margaret A. Nagle, ORDERING Letter and Reply to answer to Petition submitted by Petitioner John A Abraham received on 1/26/05 is not to be filed but instead rejected. Denial based on: No copy provided for judge or original for court file. Inaccurate proof of service attached to document(s); Petitioner has submitted his personal copy of the documents and request that the Court copy and return them, then serve them on opposing counsel.(pbap, ) |
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Filing 26
MINUTES OF IN CHAMBERS ORDER by Judge Margaret A. Nagle rejecting petitioner's reply received but not filed on 1/26/05. [See order for details] (ec, )
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| Filing 25 NOTICE of Change of Address changing Address to CDC T-26337 Centinela State Prison 2302 Brown Road PO Box 731 Imperial CA 92251-0731. Filed by Petitioner John A Abraham (dw, ) |
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Filing 24
ORDER by Judge Margaret A. Nagle: IT IS ORDERED that Petitioner's confidential probation report is hereby lodged under seal.granting 21 Application for Order (dw, )
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| Filing 23 ANSWER (RETURN) to Petition for Writ of Habeas Corpus (2254) 1 ; Memorandum of Points and Authorities filed by Respondent Scott Kernan.(pbap, ) |
| Filing 22 NOTICE of Lodging Documents filed by Respondent Scott Kernan. Documents include Reporter's Transcript and Clerk's Transcript. See document for details. (dp, ) |
| Filing 21 APPLICATION for Order for Lodging Under Seal filed by Respondent Scott Kernan. Lodged order & docs to be sealed. (pbap, ) |
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Filing 20
MINUTES OF In Chambers - Order by Judge Margaret A. Nagle deeming petition to be amended and directing response to petition. Within sixty (60) days of this Order, Respondent shall file and serve an answer to the petition. Within sixty (60) days of receipt of the answer, petitioner shall file and serve his reply. (ec, )
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| Filing 19 NOTICE of Voluntary Dismissing Grounds filed by Petitioner John A Abraham. as to Scott Kernan (pbap, ) |
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Filing 18
ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE by Judge George H. King: Court accepts and adopts the Magistrate Judge's Report and Recommendation 17 and the findings of fact, conclusions of law, and recommendations therein. Ordered that respondent's Motion to Dismiss 6 is granted and if petitioner wishes this action to continue, then within 30 days of the filing of this Order, petitioner must file and serve a notice of the voluntary dismissal, without prejudice, of the following Grounds of the Petition: 1-20, 22-24, 26 and 27 (except for the claim that petitioner was deprived of his right to a jury trial on the serious or violent nature of the prior convictions). Should petitioner fail to so act within 30 days, the Court will enter judgment dismissing this action, without prejudice, for failure to exhaust available state remedies. (gk, )
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| Filing 17 REPORT AND RECOMMENDATION issued by Magistrate Judge Margaret A. Nagle re MOTION to Dismiss Petition for Writ of Habeas Corpus 6 (ec, ) |
| Filing 16 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Margaret A. Nagle. Objections to R&R due by 10/12/2004(ec, ) |
| Filing 15 REPLY to Opposition to Motion for Summary Dismissal of Petition for Writ of Habeas Corpus 6 filed by respondent Scott Kernan; memorandum of points and authorities. (gk, ) |
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Filing 14
MINUTES OF In Chambers - Order by Judge Margaret A. Nagle directing service of petitioner's opposition on respondent and extending respondent's time to respond to the opposition. Respondent's time to file and serve his reply is extended to 8/13/04. (ec, )
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| Filing 13 Motion for OPPOSITION to MOTION for Dismissal of Petition for Writ of Habeas Corpus 6 filed by Petitioner John A Abraham. (pbap, ) |
| Filing 12 SUPPLEMENT to MOTION for Summary Dismissal of Petition for Writ of Habeas Corpus 6 filed by Respondent Scott Kernan. (dw, ) |
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Filing 11
NOTICE OF DISCREPANCY AND ORDER: by Judge Margaret A. Nagle, ORDERING Letter submitted by Petitioner John A Abraham received on 7/8/04 is not to be filed but instead rejected. Denial based on: Duplicative of lettr filed 6/30/04. See the Court's Order of 7/1/04.(ec, )
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Filing 9
MINUTES OF In Chambers - Order by Judge Margaret A. Nagle directing filing and service of motion page and extending time for opposition. IT IS ORDERED that Respondent shall file and serve a supplement to the motion for summary dismissal of petition, containing page 11. Additionally, IT IS FURTHER ORDERED that petitioner's time to file and serve his opposition to the motion is extended to 7/31/04. (ec, )
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| Filing 10 Letter from Petitioner re MOTION to Dismiss Petition for Writ of Habeas Corpus 6 (dw, ) |
| Filing 8 NOTICE of Lodging Documents filed by Respondent Scott Kernan. Lodged 1 box w/CRD(pbap, ) |
| Filing 7 NOTICE of Interested Parties filed by Respondent Scott Kernan. (gk, ) |
| Filing 6 MOTION for Summary Dismissal of Petition for Writ of Habeas Corpus filed by respondent Scott Kernan; memorandum of points and authorities; exhibits. (gk, ) |
| Filing 5 RETURN RECEIPT OF CERTIFIED MAIL showing delivery of Petition served upon Office of the Attorney General Head of the Criminal Division California State Department of Justice, received by T. Grace on 5/18/04. (dw, ) |
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Filing 4
MINUTES OF In Chambers - Order by Judge Margaret A. Nagle denying petitioner's motion for appointment of counsel. (ec )
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Filing 3
ORDER REQUIRING ANSWER/RETURN TO PETITION. ORDER by Magistrate Judge Margaret A. Nagle that Respondent Scott Kernan file return or motion to dismiss to the petition not later than 7/13/2004.(ec )
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| Filing 2 NOTICE OF REFERENCE TO A U.S. MAGISTRATE JUDGE. Pursuant to the provisions of the Local Rules, the within action has been assigned to the calendar of Judge George H. King and referred to Magistrate Judge Margaret A Nagle to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (rrey, ) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254). Case assigned to Judge George H. King and referred to Magistrate Judge Margaret A Nagle.(Filing fee waived) , filed by petitioner John A Abraham.(rrey, ) |
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| Respondent: Scott Kernan | |
| Represented By: | Alan D Tate |
| Represented By: | Susan S Kim |
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| Petitioner: John A Abraham, . | |
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