Joseph Ronald Schessler v. Mike McDonald
| Joseph Ronald Schessler |
| Mike McDonald |
| 2:2011cv09077 |
| November 1, 2011 |
| US District Court for the Central District of California |
| Andre Birotte |
| John E McDermott |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 9, 2016. A more recent docket listing may be available from PACER.
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Filing 79
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #76 filed by Joseph Ronald Schessler. CCA # 16-55580. The request for a certificate of appealability is denied because appellant has not made a substantial showing of the denial of a constitutional right. (mat)
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Filing 78
NOTIFICATION by Circuit Court of Appellate Docket Number 16-55580, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals #76 as to Petitioner Joseph Ronald Schessler. (mat)
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Filing 77
PETITIONER'S APPLICATION for Certificate of Appealability In the Ninth Circuit Court of Appeals; and Motion for Appointment of Counsel, by Petitioner Joseph Ronald Schessler. (mat)
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Filing 76
NOTICE OF APPEAL to the 9th CCA filed by Petitioner Joseph Ronald Schessler. Appeal of Judgment #74 Filed On: 4/4/16; Entered On: 4/5/16; Certificate of Appealability was ruled on 4/4/16, see document 75. (mat)
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Filing 75
Order by Judge Andre Birotte Jr denying certificate of appealability. (mat)
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Filing 74
JUDGMENT by Judge Andre Birotte Jr, Related to: R&R - Accepting Report and Recommendations #73 . IT IS HEREBY ADJUDGED that the action is dismissed with prejudice. (MD JS-6, Case Terminated). (san)
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Filing 73
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS by Judge Andre Birotte Jr #64 . IT IS HEREBY ORDERED that: (1) the Petition for Writ of Habeas Corpus is denied; and (2) Judgment shall be entered dismissing the action with prejudice. (san)
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Filing 72
PETITIONER'S APPLICATION for Certificate of Appealability from the District Court; Motion for Appointment of Counsel, to USDC by Petitioner Joseph Ronald Schessler. (mat)
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Filing 71
PETITIONER'S OPPOSITION TO MAGISTRATE'S REPORT AND RECOMMENDATION #64 filed by Petitioner Joseph Ronald Schessler. (kl)
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Filing 70
MOTION TO STAY PETITION; MOTION REQUESTING DISCOVERY; MEMORANDUM; PROPOSED SPECIAL INTERROGATORIES filed by Petitioner Joseph Ronald Schessler. (san)
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Filing 69
MINUTES (IN CHAMBERS) by Magistrate Judge John E. McDermott granting #68 SECOND APPLICATION for Extension of Time to File Objection to #64 . Objections to R&R due by 1/22/2016. [See Order for details.] (san)
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Filing 68
PETITIONER'S SECOND APPLICATION FOR ENLARGEMENT OF TIME TO FILE OPPOSITION TO THE REPORT AND RECOMMENDATION #64 filed by Petitioner Joseph Ronald Schessler. (kl)
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Filing 67
MINUTES (IN CHAMBERS) by Magistrate Judge John E. McDermott granting #66 APPLICATION for Extension of Time to File Objection to re APPLICATION for Extension of Time to File Objection to Notice of Report and Recommendation, Objections to R&R due by 12/22/2015. (san)
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Filing 66
APPLICATION for Extension of Time to File Objection to Notice of Report and Recommendation, #65 filed by Petitioner Joseph Ronald Schessler. (san)
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Filing 65
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John E. McDermott and Lodging of Proposed Judgment and Order. Objections to R&R due by 11/23/2015. (Attachments: #1 Report and Recommendation of United States Magistrate Judge) (san)
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Filing 64
REPORT AND RECOMMENDATION issued by Magistrate Judge John E. McDermott #1 , #14 . THE COURT, THEREFORE, RECOMMENDS that the District Court issue an Order: (1) accepting this Report and Recommendation; (2) denying the Petition; and (3) directing that Judgment be entered dismissing this action with prejudice. [See document for details.] (san)
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Filing 63
NOTICE TO COUNSEL: Judge Andre Birotte Jr. is moving his Courtroom from the Roybal Federal Building to the Spring Street Courthouse, which is located at 312 N. Spring Street, Los Angeles, California 90012. Judge Andre Birotte Jr.s new Courtroom will be COURTROOM 4 of the SPRING STREET Courthouse. Effective February 2, 2015, all Court appearances shall be made in Courtroom 4 of the Spring Street Courthouse, and all required Mandatory Chambers Copies shall be hand-delivered and placed in the tray outside the door to Judge Birottes chambers at the Spring Street Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY Modified on 1/27/2015 (ab).
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Filing 62
PETITIONER'S REQUEST FOR JUDICIAL NOTICE OF ATTEMPTS TO ACQUIRE A TRIAL STRATEGY DECLARATION filed by Petitioner Joseph Ronald Schessler. (kl)
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Filing 61
SUPPLEMENTAL REPLY filed by Petitioner Joseph Ronald Schessler #60 , #59 . (san)
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Filing 60
MINUTES (IN CHAMBERS): ORDER RE PETITIONER'S APPLICATION TOFILE SUPPLEMENTAL BRIEF by Magistrate Judge John E. McDermott granting #59 Application. The Court construes the Application as seeking leave to file a Supplemental Reply. So construed, Petitioner's Application is GRANTED. The clerk is directed to FILE the supplemental brief lodged concurrently with the Application as a "Supplemental Reply". (san)
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Filing 59
APPLICATION to File Supplemental Brief filed by petitioner Joseph Ronald Schessler. (Attachments: #1 First Supplemental Brief)(es)
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Filing 58
ORDER OF THE CHIEF JUDGE (#14-033) approved by Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Andre Birotte Jr., this case is transferred from Judge Josephine L. Staton to the calendar of Judge Andre Birotte, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge CV11-09077-AB(JEM). (kp)
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Filing 57
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge John E. McDermott: denying #55 Application for Appointment of Counsel; The Court finds that an evidentiary hearing is not necessary at this stage of the proceedings, and the interests of justice do not require the appointment of counsel. Accordingly, Petitioner's motion request for appointment of counsel is DENIED without prejudice. See minute order for further details. (jy)
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Filing 56
TRAVERSE filed by petitioner Joseph Ronald Schessler. (jy)
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Filing 55
MOTION to Request Appointment of Counsel filed by petitioner Joseph Ronald Schessler. (jy)
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Filing 54
ORDER by Magistrate Judge John E. McDermott granting #53 Application for Extension of Time. IT IS HEREBY ORDERED that the Application is GRANTED and Petitioner shall have to and including November 12, 2013, in which to file a Reply to Respondent's Answer. (san)
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Filing 53
Petitioner's Second Application for Enlargement of Time to File Traverse filed by petitioner Joseph Ronald Schessler. (Attachments: #1 Proposed Order)(jy)
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Filing 52
TEXT ONLY ENTRY: Judge Josephine Staton Tucker has restored her former name, which is Josephine L. Staton. On all documents filed in this case on or after October 1, 2013, substitute the initials JLS after the case number in place of JST. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ehu) TEXT ONLY ENTRY
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Filing 51
NOTICE of Change of address Filed by Petitioner Joseph Ronald Schessler. (jy)
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Filing 50
ORDER by Magistrate Judge John E. McDermott: granting #47 Application for Leave to File Excess Pages; Good cause appearing, IT IS HEREBY ORDERED that Petitioner's Application is GRANTED and may file a Reply to Respondent's Answer to the Petition for Writ of Habeas Corpus in excess of twenty-five pages. (jy)
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Filing 49
ORDER by Magistrate Judge John E. McDermott: granting #46 Application for Extension of Time to File: IT IS HEREBY ORDERED that the Application is GRANTED and Petitioner shall have to and including October 10, 2013, in which to file a Reply to Respondent's Answer. (jy)
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Filing 48
NOTICE of Supplemental Lodging filed by Petitioner Joseph Ronald Schessler. (jy)
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Filing 47
PETITIONER'S APPLICATION for Leave to File Reply with Supporting Memorandum of Points and Authorities in Excess of Twenty-Five Pages filed by Petitioner Joseph Ronald Schessler. (jy)
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Filing 46
PETITIONER'S APPLICATION for Enlargement of Time to File Traverse filed by petitioner Joseph Ronald Schessler. (jy)
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Filing 45
ORDER by Magistrate Judge John E. McDermott granting #42 Application for Leave to File Excess Pages. (san)
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Filing 44
NOTICE OF LODGING filed SUPPLEMENTAL re Return to Habeas Petition (2254) #43 (Cook, David)
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Filing 43
ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Respondent Mike McDonald.(Cook, David)
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Filing 42
APPLICATION to Exceed Page Limitation ANSWER WITH SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES filed by Respondent Mike McDonald. (Cook, David)
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Filing 41
NOTICE OF APPEARANCE of California Attorney General Office David C. Cook on behalf of Respondent Mike McDonald. California Attorney General E Carlos Dominguez terminated. (Cook, David)
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Filing 40
ORDER by Magistrate Judge John E. McDermott, Good cause appearing, IT IS HEREBY ORDERED that Respondent is GRANTED until August 6, 2013, to file an Answer to the Petition for Writ of Habeas Corpus. No further extensions will be granted. #39 Ex Parte Application for Extension of Time to File (lmh)
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Filing 39
Fourth EXPARTE APPLICATION for Extension of Time to File Answer to Petition for Writ of Habeas Corpus; Declaration of E. Carlos Dominguez filed by Respondent Mike McDonald. (Attachments: #1 Proposed Order)(Dominguez, E)
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Filing 38
ORDER by Magistrate Judge John E. McDermott, Good cause appearing, IT IS HEREBY ORDERED that Respondent is GRANTED until July 7, 2013, to file an Answer to the Petition for Writ of Habeas Corpus. #37 Ex Parte Application for Extension of Time to File (lmh)
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Filing 37
Third EXPARTE APPLICATION for Extension of Time to File Answer to Petition for Writ of Habeas Corpus; Declaration of E. Carlos Dominguez filed by Respondent Mike McDonald. (Attachments: #1 Proposed Order)(Dominguez, E)
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Filing 36
NOTICE of Opposition and Objection to Further Enlargements of Time for Respondent filed by Petitioner Joseph Ronald Schessler. (lmh)
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Filing 35
ORDER by Magistrate Judge John E. McDermott, Good cause appearing, IT IS HEREBY ORDERED that Respondent is GRANTED until June 7, 2013, to file an Answer to the Petition for Writ of Habeas Corpus. #34 Ex Parte Application for Extension of Time to File (lmh)
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Filing 34
Second EXPARTE APPLICATION for Extension of Time to File Answer to Peition for Writ of Habeas Corpus; Declaration of E. Carlos Dominguez filed by Respondent Mike McDonald. (Attachments: #1 Proposed Order)(Dominguez, E)
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Filing 33
NOTICE OF REASSIGNMENT of California Attorney General Office E. Carlos Dominguez on behalf of Respondent Mike McDonald. California Attorney General David C Cook terminated. (Dominguez, E)
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Filing 32
ORDER by Magistrate Judge John E. McDermott, Having considered Respondents Application for Enlargement of Time, filed April 3, 2013, and good cause appearing, IT IS HEREBY ORDERED that the Application is GRANTED and Respondent shall have to and including May 8, 2013, in which to file an answer to the Petition for Writ of Habeas Corpus. #31 Application for Extension of Time to File (lmh)
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Filing 31
APPLICATION for Extension of Time to File ANSWER to Petition For Writ of Habeas Corpus filed by Respondent Mike McDonald. (Attachments: #1 Proposed Order)(Cook, David)
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Filing 30
MINUTES (IN CHAMBERS) ORDER by Magistrate Judge John E. McDermott, The Court is in receipt of Petitioners Declaration in Support of Request to Proceed In Forma Pauperis. The request is GRANTED. #8 Request for Leave to Proceed without Prepayment of Filing Fee. (lmh)
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Filing 29
MINUTE ORDER IN CHAMBERS by Magistrate Judge John E. McDermott, On October 23, 2011, Petitioner constructively filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Petition). On March 7, 2012, Respondent filed a Motion to Dismiss. On July 17, 2012, the Court filed a Report and Recommendation recommending that the Motion to Dismiss be granted. On August 10, 2012, Petitioner filed Objections to the Report and Recommendation. In light of the issues raised by the parties in connection with the Motion to Dismiss and the procedural posture of this case, the Court hereby withdraws the Report and Recommendation and takes the matter under submission for further consideration. Respondent is ordered to file an Answer to the Petition no later than April 8, 2013. Petitioner shall file a Reply to the Answer within thirty days of service thereof. re: Report and Recommendation (Issued) #24 , MOTION to Dismiss Petition for Writ of Habeas Corpus #14 . (lmh)
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Filing 28
OBJECTION to Report and Recommendation (Issued) #24 filed by Petitioner Joseph Ronald Schessler. (lmh)
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Filing 27
MINUTES (IN CHAMBERS) ORDER by Magistrate Judge John E. McDermott, Before the Court are Petitioners Request for Enlargement of Time to file Opposition to Report and Recommendation of United States Magistrate Judge (Request for Enlargement of Time) and Petitioners Motion to Hold Report and Recommendation of United States Magistrate Judge in Stay and Abeyance (Motion for Stay and Abeyance), filed July 30, 2012. Petitioner has failed to demonstrate that a stay and abeyance of these proceedings is warranted. Accordingly, his Motion for Stay and Abeyance is DENIED. Petitioners Request for Enlargement of Time is GRANTED. Petitioners Objections to the Report and Recommendation are now due no later than September 5, 2012. #25 Request for Extension of Time to File Objection to R&R; #26 Motion to Stay Case (lmh)
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Filing 26
MOTION to Hold Report and Recommendation of United States Magistrate Judge in Stay and Abeyance filed by Petitioner Joseph Ronald Schessler. (lmh)
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Filing 25
REQUEST for Extension of Time to File Objection to Report and Recommendation (Issued) #24 filed by Petitioner Joseph Ronald Schessler. (lmh)
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Filing 24
REPORT AND RECOMMENDATION issued by Magistrate Judge John E. McDermott. Re Petition for Writ of Habeas Corpus (2254) #1 (lmh)
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Filing 23
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John E. McDermott and Lodging of Proposed Judgment and Order. Objections to R&R due by 8/6/2012. (Attachments: #1 Report & Recommendation) (lmh)
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Filing 22
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge John E. McDermott, ORDERING Request for Production of Documents submitted by Petitioner Joseph Ronald Schessler received on June 20, 2012 is not to be filed but instead rejected. Denial based on: Discovery is to be conducted between the parties and not filed on the record. (lmh)
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Filing 21
MINUTE ORDER IN CHAMBERS by Magistrate Judge John E. McDermott, Before the Court is Petitioners letter received May 11, 2012. First, Petitioner is admonished that Local Rule 83-2.11 forbids all parties from communicating with the court by letter and without notification to the other parties in the case. Second, it appears that the Petitioner is requesting a copy of the local rules. The Court is not in a position to provide litigants with voluminous documents, such as the Local Rules. Petitioner must use the law library where he is housed. If Petitioner cannot access the law library, he can obtain a copy of the Local Rules from any of the sources listed on the attached sheet. Clerk is directed to return Petitioners letter to him. (Attachments: #1 Local Rules Sheet) (lmh)
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Filing 20
REPLY in support To Petitioner's Response to Respondent's Motion to Dismiss Petition For Writ of Habeas Corpus filed by Respondent Mike McDonald. (Cook, David)
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Filing 19
MINUTES (IN CHAMBERS): ORDER REQUEST FOR APPOINTMENT OF COUNSEL by Magistrate Judge John E. McDermott denying #18 Request for Appointment of Counsel. The Court finds that an evidentiary hearing is not necessary at this stage of the proceedings, and the interests of justice do not require the appointment of counsel. Accordingly, Petitioner's request for appointment of counsel is DENIED without prejudice. [See Order for details.] (san)
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Filing 18
REQUEST for Appointment of Counsel filed by Petitioner Joseph Ronald Schessler. (san)
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Filing 17
PETITIONER'S RESPONSE TO RESPONDENT'S MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS #14 filed by Petitioner Joseph Ronald Schessler. (san)
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Filing 16
MINUTE ORDER (IN CHAMBERS) ORDER RE: EXTENSION OF TIME TO FILE OPPOSITION TO MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge John E. McDermott. Petitioner's Opposition to Respondent's Motion to Dismiss was due March 28, 2012. To date, no opposition has been filed. The Court, sua sponte, extends the time for petitioner to file an opposition to April 11, 2012. If Petitioner does not file an opposition, the matter will be deemed submitted upon the expiration of the opposition filing deadline. [SEE ORDER FOR DETAILS] #14 (gr)
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Filing 15
NOTICE OF LODGING filed re MOTION to Dismiss Petition for Writ of Habeas Corpus #14 (Cook, David)
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Filing 14
NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Respondent Mike McDonald. (Cook, David)
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Filing 13
ORDER by Magistrate Judge John E. McDermott. Having considered Respondent's Application for Enlargement of Time, filed January 30, 2012, and good cause appearing, IT IS HEREBY ORDERED that the Application is GRANTED and Respondent shall have to and including March 7, 2012, in which to file a motion to dismiss the Petition for Writ of Habeas Corpus, or to and including March 22, 2012, in which to file an answer to the Petition for Writ of Habeas Corpus. #12 (gr)
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Filing 12
APPLICATION for Extension of Time to File motion to dismiss Petition for Writ of Habeas Corpus and Answer filed by Respondent Mike McDonald. (Attachments: #1 Proposed Order)(Cook, David)
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Filing 11
ORDER by Magistrate Judge John E. McDermott: granting #10 Application for Extension of Time. IT IS HEREBY ORDERED that the Application is GRANTED and Respondent shall have to and including February 6, 2012, in which to file a motion to dismiss the Petition for Writ of Habeas Corpus, or to and including February 21, 2012, in which to file an answer to the Petition for Writ of Habeas Corpus. (san)
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Filing 10
APPLICATION for Extension of Time to File motion to dismiss and answer to the Petition for Writ of Habeas Corpus filed by Respondent Mike McDonald. (Attachments: #1 Proposed Order)(Cook, David)
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Filing 9
ORDER by Magistrate Judge John E. McDermott, Re Application for Extension of Time to File. IT IS HEREBY ORDERED that the Application is GRANTED and Respondent shall have to and including January 7, 2012, in which to file a motion to dismiss the Petition for Writ of Habeas Corpus, or to and including January 22, 2012, in which to file an answer to the Petition for Writ of Habeas Corpus #7 . (gr)
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Filing 8
Declaration in Support REQUEST to Proceed In Forma Pauperis, filed by petitioner Joseph Ronald Schessler. (es)
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Filing 7
APPLICATION for Extension of Time to File motion to dismiss and Answer to Petition for Writ of Habeas Corpus filed by Respondent Mike McDonald. (Attachments: #1 Proposed Order)(Cook, David)
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Filing 6
NOTICE of Appearance filed by attorney David C Cook on behalf of Respondent Mike McDonald (Cook, David)
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Filing 5
MINUTES (IN CHAMBERS) ORDER RE MOTION FOR APPOINTMENT OF COUNSEL by Magistrate Judge John E. McDermott. The Court finds that an evidentiary hearing is not necessary at this stage of the proceedings, and the interests of justice do not require the appointment of counsel. Accordingly, Petitioner's motion for appointment of counsel is DENIED without prejudice #3 . (gr)
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Filing 4
ORDER REQUIRING RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge John E. McDermott that Respondent Mike McDonald file answer to the petition not later than 12/23/2011. Motions to Dismiss shall be filed by 12/8/2011. The Clerk of this Court shall promptly (a) serve copies of the Petition, Petitioner's executed consent to magistrate judge jurisdiction form (if Petitioner has filed such a consent), and this Order on Respondent and the Attorney General for the State of California, or his authorized agent; and (b) serve a copy of this Order on Petitioner. If Respondent is also willing to consent to magistrate judge jurisdiction, the Attorney General shall execute and e-file the consent form concurrently with the filing of the initial response to the Petition. Within 14 days, Respondent shall file and serve a Notice of Appearance, notifying the Court of the name of the attorney who will have principal charge of the case, together with the address where the attorney may be served, and the attorney's telephone and fax number. This information is important to assure accurate service of court documents. [See Order for further details.] (san)
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Filing 3
MOTION for Appointment of Counsel filed by Petitioner Joseph Ronald Schessler. (et)
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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 Josephine Staton Tucker and referred to Magistrate Judge John E. McDermott to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (et)
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Filing 1
PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Josephine Staton Tucker and referred to Magistrate Judge John E. McDermott.(Filing fee $ 5 Due.), filed by Petitioner Joseph Ronald Schessler. (Attachments: #1 Part 1 to Petition, #2 Part 2 to Petition). (et)
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| Petitioner: Joseph Ronald Schessler | |
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| Respondent: Mike McDonald | |
| Represented By: | David C. Cook |
| Represented By: | E Carlos Dominguez |
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