Rajan Rama Ayyar v. People of the State of CA
| Rajan Rama Ayyar |
| People of the State of CA and California Department of Corrections and Rehabilitation |
| 2:2011cv04528 |
| May 25, 2011 |
| US District Court for the Central District of California |
| J Spencer Letts |
| Jean P Rosenbluth |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 37 APPEAL RECORD RETURNED from 9th CCA. Received 6 Boxes of State Lodged Documents. RE: Appeal Record Sent to USCA (A-26) #35 (ema) |
Filing 36
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #33 filed by Rajan Rama Ayyar CCA # 2:11-cv-04528. The request for a certificate of appealability is denied. Order received in this district on 7/9/2013. (dmap)
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| Filing 35 RECORD ON APPEAL sent to Circuit Court Consisting of 6 Boxes of State Lodged Documents re: Appeal number, 12-56496 re Notice of Appeal to 9th Circuit Court of Appeals #33 (car) |
| Filing 34 NOTIFICATION by Circuit Court of Appellate Docket Number 12-56496 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #33 as to Petitioner Rajan Rama Ayyar. (dmap) |
| Filing 33 NOTICE OF APPEAL to the 9th CCA filed by petitioner Rajan Rama Ayyar. Appeal of Judgment #31 . Filed On: 07/05/2012; Entered On: 07/05/2012; Certificate of Appealability has been ruled on see docket entry number 32. (dmap) |
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Filing 32
Order Denying A Certificate of Appealability by Judge J. Spencer Letts (car)
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| Filing 31 JUDGMENT by Judge J. Spencer Letts. It Is Hereby Adjudged that this action is dismissed with prejudice. Related to: Petition for Writ of Habeas Corpus (2254), #1 .(MD JS-6, Case Terminated). (twdb) |
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Filing 30
ORDER by Judge J. Spencer Letts, Accepting Findings and Recommendations of U.S. Magistrate Judge #28 . IT THEREFORE IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice. (twdb)
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| RECOMMENDATION issued by Magistrate Judge Jean P Rosenbluth Re: Petition for Writ of Habeas Corpus (2254) #1 . Proposed Order Re: Certificate of Appealability forwarded to the District Judge for approval. (wr) |
| Filing 29 OBJECTION to Report and Recommendation of U.S. Magistrate Judge #28 filed by Petitioner Rajan Rama Ayyar.(mt) |
| Filing 28 REPORT AND RECOMMENDATION issued by Magistrate Judge Jean P Rosenbluth recommending that the District Court issue an Order (1) approving and accepting this Report and Recommendation and (2) directing that Judgment be entered denying the Petition #1 and dismissing this action with prejudice. (wr) |
| Filing 27 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Jean P Rosenbluth. Objections to R&R due by 6/4/2012. (wr) |
| Filing 26 REPLY TO PETITIONER'S RESPONSE TO ORDER TO SHOW CAUSE filed by Respondent California Department of Corrections and Rehabilitation. (Johnsen, Michael) |
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Filing 25
MINUTE ORDER IN CHAMBERS by Magistrate Judge Jean P Rosenbluth. On January 25, 2012, the Court ordered Petitioner to show cause why his Petition should not be denied as untimely and this action be dismissed with prejudice. On February 22, 2012, Petitioner filed his response #24 . On or before March 14, 2012, Respondent shall file a reply to Petitioner's response. The issue of the timeliness of the Petition will stand submitted at that time. (wr)
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| Filing 24 RESPONSE TO ORDER TO SHOW CAUSE #23 as to Why the Instant Petition is Not Untimely, filed by Petitioner Rajan Rama Ayyar. (dro) |
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Filing 23
ORDER by Magistrate Judge Jean P Rosenbluth: TO SHOW CAUSE; ORDER DENYING AS MOOT VARIOUS REQUESTS filed 1/18/12; Order Vacating Court's Order Requiring Petitioner to Respond to Answer to Petition on the Merits: (See document for details.) IT THEREFORE IS ORDERED that on or before February 21, 2012, Petitioner show cause in writing, if he has any, why the Court should not recommend that this action be dismissed with prejudice because it is untimely. If Petitioner does intend to rely on the equitable tolling doctrine, as his past filings seem to indicate, he must include with his response to the Order to Show Cause any additional evidence he has demonstrating that (1) he has been pursuing his rights diligently and (2) some extraordinary circumstance stood in his way of timely filing his federal Petition. (rla)
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| Filing 22 REQUEST For An Additional 30 days to Provide Evidence Supporting His Tolling Claims filed by Petitioner Rajan Rama Ayyar. (lwag) |
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Filing 21
MINUTE ORDER IN CHAMBERS by Magistrate Judge Jean P Rosenbluth: Pursuant to the Court's October 26, 2011 Order, Petitioner has filed a Reply #20 to the Amended Answer, addressing only the procedural- and time-bar arguments raised by Respondent. (See document for details). (wr)
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| Filing 20 REPLY filed by Petitioner Rajan Rama Ayyar to Amended Return to Petition (addressing only arguments in section 1 and section 2) #19 (twdb) |
| Filing 19 AMENDED RETURN TO PETITION FOR WRIT OF HABEAS CORPUS filed by Respondent California Department of Corrections and Rehabilitation. (Johnsen, Michael) |
| Filing 18 MINUTES (IN CHAMBERS): ORDER by Jean P Rosenbluth: Respondent's Application for Leave to File Amended Answer #17 is GRANTED. The prior deadline of November 11, 2011, for Petitioner to file a Reply to the Answer #16 is hereby VACATED. Petitioner is ordered to file a Reply to the Amended Answer no later than December 12, 2011. (See document for details). (wr) |
| Filing 17 APPLICATION for Leave to File AMENDED ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS filed by Respondent California Department of Corrections and Rehabilitation. (Attachments: #1 Proposed Order)(Johnsen, Michael) |
| Filing 16 MINUTES (IN CHAMBERS): ORDER by Jean P Rosenbluth: Petitioner's "Request for an Additional 30 Days to File Reply" #15 is GRANTED; Petitioner's Reply is due no later than November 11, 2011. Petitioner's "Request that Respondent Provide Copies of All Documents Lodged with Court" #14 is DENIED without prejudice. If Petitioner contends he needs access to specific documents in the file in order to respond to Respondent's procedural-default argument, he may submit a renewed request for copies of those specific documents, explaining why he needs them to address Respondent's procedural-default argument. (wr) |
| Filing 15 REQUEST for Extension of Time to File Reply to answer to petition filed by petitioner Rajan Rama Ayyar. (twdb) |
| Filing 14 REQUEST for Leave for respondent to provide petitioner with copies of all documents lodged with court filed by petitioner Rajan Rama Ayyar. (twdb) |
| Filing 13 NOTICE Respectful Refusal to consent to the transfer of this case from The Hon. Magistrate Judge Charles F. Eick to Hon. Magistrate Judge Jean P. Rosenbluth filed by petitioner Rajan Rama Ayyar. (twdb) |
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Filing 12
ORDER OF THE CHIEF MAGISTRATE JUDGE OCMJ# 11-054 by Chief Magistrate Judge Stephen J. Hillman. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Magistrate Judge Jean P. Rosenbluth, this case is transferred from the calendar of Magistrate Judge Charles F. Eick to the calendar of Magistrate Judge Jean P. Rosenbluth for all further proceedings. All documents subsequently filed shall bear this new case designation CV 11-4528 JSL(JPR). (sn)
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| Filing 11 NOTICE OF LODGING filed 09/21/2011 re Answer to Complaint #10 (Johnsen, Michael) |
| Filing 10 ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS filed by Respondent California Department of Corrections and Rehabilitation.(Johnsen, Michael) |
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Filing 9
ORDER by Judge J. Spencer Letts. Petitioner filed a "Petition for Writ of Habeas Corpus By a Person in State Custody" on 5/25/11. On 6/24/11, Respondent "People of the State of California" filed a "Motion to Dismiss for Lack of Personal Jurisdiction, etc.", contending that the Court lacks personal jurisdiction because Petitioner assertedly has not named the proper Respondent. Petitioner filed "Petitioner's Response to Respondent's Motion, etc." on 7/29/11. This Court deems Petitioner's proper custodian to be the California Department of Corrections and Rehabilitation. The Court concludes that Petitioner is "in custody" within the meaning of section 2254(a). The Petition is deemed amended to substitute the "California Department of Corrections and Rehabilitation" in place of the "People of the State of California" as the Respondent in this action. The Motion is otherwise denied. Within 30 days of the date of this Order, Respondent shall file an Answer to the Petition. Petitioner may file a Reply within 15 days of the date the Answer is filed. (sp)
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| Filing 8 RESPONSE to MOTION to Dismiss for Lack of Jurisdiction #6 filed by Petitioner Rajan Rama Ayyar. (hr) |
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Filing 7
MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick: re: MOTION to Dismiss for Lack of Jurisdiction #6 . The Court is in receipt of Respondents Motion to Dismiss, etc. (the motion), filed June 24, 2011. Petitioner shall file a response to the motion within thirty (30) days of the date of this Order. At that time, the Court will take the motion under submission without oral argument, unless the Court otherwise orders. Respondent need not file an Answer to the Petition until further order of this Court. (rp)
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| Filing 6 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Respondent People of the State of CA. (Johnsen, Michael) |
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Filing 4
ORDER by Magistrate Judge Charles F. Eick. It is Ordered that Petitioner shall serve upon Respondent or, if appearance has been entered by counsel, upon Respondent's attorneys, a copy of every future pleading or other document submitted for consideration by the Court. (sp)
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Filing 3
ORDER REQUIRING ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Charles F. Eick. It is Hereby Ordered that Respondent file an Answer to the Petition within 23 days of the date of this Order. It is Further Ordered that, if Petitioner desires to file a Reply to the Answer, Petitioner shall do so within 15 days of the date that the Answer is filed. It is further Ordered that Respondent shall give timely notice of any court proceeding to any person who is a "crime victim" within the meaning of 18 U.S.C. section 3771. (sp)
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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 J. Spencer Letts and referred to Magistrate Judge Charles F. Eick to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (ghap) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge J. Spencer Letts and referred to Magistrate Judge Charles F. Eick.(Filing fee $ 5: FEE DUE.), filed by petitioner Rajan Rama Ayyar. ( EVIDENTIARY HEARING REQUESTED) (Attachments: #1 Part 1 of Petition, #2 Part 2 of Petition, #3 Part 3 of Petition, #4 Part 4 of Petition, #5 Part 5 of Petition, #6 Part 6 of Petition)(ghap) |
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