Jessie Heredia v. Larry Small

Jessie Heredia v. Larry Small

Petitioner:	Jessie Heredia
Respondent:	Larry Small
Case Number:	2:2009cv03669
Filed:	May 22, 2009
Court:	US District Court for the Central District of California
Office:	Western Division - Los Angeles Office
County:	Imperial
Presiding Judge:	Hillman
Presiding Judge:	Klausner
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
May 11, 2012	Filing 46 ORDER DENYING RESPONDENTS EX PARTE APPLICATION FOR STAY PENDING APPEAL, SETTING BRIEFING SCHEDULE, AND APPOINTING COUNSEL OF RECORD FOR PETITIONER by Judge R. Gary Klausner:After considering respondents Application, as well as the documents filed in support thereof, the Court hereby DENIES respondents Application as respondent has failed to show cause for an expedited ruling. See generally Mission Power Engg Co. v. Contl Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995) ([T]he evidence must show that the moving partys cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures.). The Court notes that petitioners release was ordered within 180 days of the Amended Order, giving respondent un til October 7, 2012 to retry or release petitioner, and therefore, respondent could have applied for a stay pending appeal by regular noticed motion, affording petitioner the opportunity to oppose the same. As such, on the Courts own motion, the Cour t hereby sets a hearing on respondents Application for June 21, 2012, at 10:00 a.m. in Courtroom 4. The Court further sets the following briefing schedule: Respondent shall file a motion for stay pending appeal on or before May 18, 2012, in complianc e with Local Rules 7-4 through 7-8. Petitioner shall file an opposition to the motion on or before May 31, 2012, pursuant to Local Rule 7-9. Respondent shall file his reply to the opposition on or before June 7, 2012, pursuant to Local Rule 7-10. Pet itioner need not be present as the Court is also appointing counsel hereby. The Court requests that the Federal Public Defender for the Central District of California locate counsel for appointment. The Federal Public Defender shall provide the name of counsel for appointment to the Court within 7 days of the date of this Order. Appointed counsel is directed to immediately make arrangements to review the file and secure copies of whatever is necessary in order to properly consult with and advise petitioner regarding the motion. The attorney assigned to this matter shall enter a Notice of Appearance as soon as possible, but no later than 14 days from the date of this Order. 38 (am)
April 10, 2012	Filing 34 JUDGMENT by Judge R. Gary Klausner: IT IS ADJUDGED that the Petition is denied with respect to Grounds One and Three. IT IS FURTHER ADJUDGED that the Petition is granted with respect to Ground Two. Respondent is ordered to either release petitioner or retry him within 120 days of the date of this order.(MD JS-6, Case Terminated). (am)

Date Filed

Document Text

May 11, 2012

Filing 46 ORDER DENYING RESPONDENTS EX PARTE APPLICATION FOR STAY PENDING APPEAL, SETTING BRIEFING SCHEDULE, AND APPOINTING COUNSEL OF RECORD FOR PETITIONER by Judge R. Gary Klausner:After considering respondents Application, as well as the documents filed in support thereof, the Court hereby DENIES respondents Application as respondent has failed to show cause for an expedited ruling. See generally Mission Power Engg Co. v. Contl Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995) ([T]he evidence must show that the moving partys cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures.). The Court notes that petitioners release was ordered within 180 days of the Amended Order, giving respondent un til October 7, 2012 to retry or release petitioner, and therefore, respondent could have applied for a stay pending appeal by regular noticed motion, affording petitioner the opportunity to oppose the same. As such, on the Courts own motion, the Cour t hereby sets a hearing on respondents Application for June 21, 2012, at 10:00 a.m. in Courtroom 4. The Court further sets the following briefing schedule: Respondent shall file a motion for stay pending appeal on or before May 18, 2012, in complianc e with Local Rules 7-4 through 7-8. Petitioner shall file an opposition to the motion on or before May 31, 2012, pursuant to Local Rule 7-9. Respondent shall file his reply to the opposition on or before June 7, 2012, pursuant to Local Rule 7-10. Pet itioner need not be present as the Court is also appointing counsel hereby. The Court requests that the Federal Public Defender for the Central District of California locate counsel for appointment. The Federal Public Defender shall provide the name of counsel for appointment to the Court within 7 days of the date of this Order. Appointed counsel is directed to immediately make arrangements to review the file and secure copies of whatever is necessary in order to properly consult with and advise petitioner regarding the motion. The attorney assigned to this matter shall enter a Notice of Appearance as soon as possible, but no later than 14 days from the date of this Order. 38 (am)

April 10, 2012

Filing 34 JUDGMENT by Judge R. Gary Klausner: IT IS ADJUDGED that the Petition is denied with respect to Grounds One and Three. IT IS FURTHER ADJUDGED that the Petition is granted with respect to Ground Two. Respondent is ordered to either release petitioner or retry him within 120 days of the date of this order.(MD JS-6, Case Terminated). (am)

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Respondent: Larry Small
Represented By:	Chung L Mar
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Petitioner: Jessie Heredia
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