Randy Purcell v. Michael Biter
Petitioner: Randy Purcell
Respondent: Michael Biter
Case Number: 2:2012cv08456
Filed: October 2, 2012
Court: US District Court for the Central District of California
Presiding Judge: Dean D Pregerson
Referring Judge: Jean P Rosenbluth
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
Docket Report

This docket was last retrieved on July 31, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2018 Filing 46 TEXT ONLY ENTRY (IN CHAMBERS) by Magistrate Judge Jean P. Rosenbluth. Pursuant to the Notice of Lodging of State Documents filed with the court on 3/25/2013, the Respondent has not requested that the documents be returned to the Office of the Attorney General. The state lodged documents have been forwarded to the Records Department for destruction. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bem) TEXT ONLY ENTRY
March 24, 2015 Opinion or Order Filing 45 Order by Judge Dean D. Pregerson denying Certificate of Appealability. (mat)
March 24, 2015 Filing 44 JUDGMENT by Judge Dean D. Pregerson, Related to: R&R - Accepting Report and Recommendations, #43 . IT IS HEREBY ADJUDGED that this action is dismissed with prejudice. (MD JS-6, Case Terminated). (bem)
March 24, 2015 Opinion or Order Filing 43 ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Dean D. Pregerson for Report and Recommendation (Issued), #27 . Having made a de novo determination of the R&R, to which Petitioner fully objected, the Court accepts the findings and recommendations of the Magistrate Judge. IT THEREFORE IS ORDERED that the Petition is denied, Petitioner's request for an evidentiary hearing is denied, and Judgment be entered dismissing this action with prejudice. (See Order for details) (bem)
December 29, 2014 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.(bem)
December 11, 2014 Filing 42 OBJECTION TO REPORT AND RECOMMENDATION OF US MAGISTRATE JUDGE #27 filed by Petitioner Randy Purcell. (kl)
October 29, 2014 Opinion or Order Filing 41 MINUTES (IN CHAMBERS) ORDER re Request for Extension of Time by Magistrate Judge Jean P. Rosenbluth: On October 28, 2014, Petitioner filed a request for an extension of time to file objections to the Report and Recommendation. Objections were originally due on October 7, 2013. Thus, Petitioner has already received extensions totaling more than a year. The Court will grant him this one last extension, limited to 60 days, but the Court is not likely to grant any further extension requests absent extraordinary circumstances. #27 #40 (bem)
October 28, 2014 Filing 40 APPLICATION for Enlargement of Time to File Objections to Report and Recommendation (Issued), #27 filed by petitioner Randy Purcell. (bem)
July 23, 2014 Opinion or Order Filing 39 MINUTES (IN CHAMBERS) ORDER by Magistrate Judge Jean P. Rosenbluth: Petitioner's application for enlargement of time, filed July 21, 2014, is GRANTED. Petitioner's objections to the Report and Recommendation are now due on or before October 21, 2014. #27 #38 (bem)
July 21, 2014 Filing 38 APPLICATION for Enlargement of Time to File Objections to the Report and Recommendation (Issued), #27 filed by petitioner Randy Purcell. (bem)
May 27, 2014 Opinion or Order Filing 37 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Jean P. Rosenbluth: Granting #36 Application for Extension of Time to File Objection. Petitioners objection to the Report and Recommendation is now due on or before July 28, 2014. (lbe)
May 22, 2014 Filing 36 APPLICATION for Extension of Time to File Objection to Report and Recommendation (Issued), #27 filed by petitioner Randy Purcell. (twdb)
March 26, 2014 Opinion or Order Filing 35 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Jean P. Rosenbluth: Granting #32 Application for Extension of Time to File. Petitioner's motion for extension of time, filed March 10, 2014, is GRANTED. Petitioner's Objection to Report and Recommendation is now due on or before May 27, 2014. (lbe)
March 10, 2014 Filing 34 PROOF OF SERVICE filed by petitioner Randy Purcell, re APPLICATION for Extension of Time to File Objection to Report and Recommendation (Issued), #27 #32 , Declaration (non-motion) #33 served on 03/06/2014. (dro)
March 10, 2014 Filing 33 DECLARATION of Randy Purcell re APPLICATION for Extension of Time to File Objection to Report and Recommendation (Issued), #27 #32 filed by Petitioner Randy Purcell. (dro)
March 10, 2014 Filing 32 APPLICATION for Enlargement of Time to File Objection to Report and Recommendation (Issued), #27 filed by petitioner Randy Purcell. (dro)
January 6, 2014 Opinion or Order Filing 31 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Jean P. Rosenbluth: granting #30 Application for Extension of Time to File. Petitioner's objections are now due on or before March 7, 2014. (wr)
December 30, 2013 Filing 30 APPLICATION for Enlargement of Time to File Objections to the Report and Recommendation filed by Petitioner Randy Purcell. (wr)
October 9, 2013 Opinion or Order Filing 29 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Jean P. Rosenbluth: granting #28 Application for Extension of Time to File Objections. Petitioner's objections are now due on or before January 7, 2014. (wr)
October 4, 2013 Filing 28 APPLICATION for Extension of Time to File Objections to the U.S. Magistrate Judge's Report and Recommendation filed by petitioner Randy Purcell. (dro)
September 13, 2013 Filing 27 REPORT AND RECOMMENDATION issued by Magistrate Judge Jean P. Rosenbluth recommending that the District Judge issue an Order (1) approving and accepting this Report and Recommendation, (2) denying Petitioner's request for an evidentiary hearing, and (3) directing that Judgment be entered denying the Petition and dismissing this action #1 with prejudice. (wr)
September 13, 2013 Filing 26 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Jean P. Rosenbluth. Objections to R&R due by 10/7/2013. (wr)
May 9, 2013 Filing 25 REPLY filed by Petitioner Randy Purcell to Answer/Return to Habeas Petition (2254) #19 (twdb)
April 24, 2013 Opinion or Order Filing 24 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Jean P Rosenbluth granting #23 Petitioner's Motion requesting for a copy of the docket sheet in this matter and docket item 20, Respondent's Notice of Lodging of Documents re Return to Habeas Petition. The Clerk shall forthwith mail a copy of each document to Petitioner at his address of record. (dv)
April 19, 2013 Filing 23 MOTION for COPY OF DOCUMENTS THAT IS IN THE POSSESSION OF THE COURT AND THE RESPONDENT, THAT THE PRISONER REQUIRES TO BE ABLE TO LITIGATE THIS ACTION; filed by petitioner Randy Purcell. Lodged Proposed Order. (rla)
April 17, 2013 Opinion or Order Filing 22 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Jean P Rosenbluth: granting #21 Motion for Extension of Time to File. Petitioner's Reply is now due on or before May 10, 2013. The Court also notes that Petitioner's mailing address within Calipatria State Prison has changed. The clerk is directed to update Petitioner's address on the docket to reflect that change. (wr)
April 15, 2013 Filing 21 MOTION to Extend Time by Not More than 45-Days to Prepare a Reply to Respondent's Answer filed by Petitioner Randy Purcell. (wr)
March 25, 2013 Filing 20 NOTICE OF LODGING filed Of Documents re Return to Habeas Petition (2254) #19 (Kim, Susan)
March 25, 2013 Filing 19 Answer /Answer to Petition for Writ of Habeas Corpus; Memorandum of P's & A's filed by Respondent Michael Biter.(Kim, Susan)
March 22, 2013 Opinion or Order Filing 18 ORDER by Magistrate Judge Jean P Rosenbluth: granting #17 Ex Parte Application for Leave to File Excess Pages. Respondent's memorandum is limited to 44 pages. (wr)
March 21, 2013 Filing 17 EX PARTE APPLICATION to Exceed Page Limitation Memorandum of P's & A's in Support of the Answer to the Petition for Writ of Habeas Corpus filed by Respondent Michael Biter. (Attachments: #1 Proposed Order, #2 Memorandum)(Kim, Susan)
March 4, 2013 Filing 16 NOTICE of Change of address. CSP, D-5, 235; PO Box 5007, Calipatria, CA 92233-5007. Filed by Petitioner Randy Purcell. (rla)
February 22, 2013 Opinion or Order Filing 15 ORDER by Magistrate Judge Jean P Rosenbluth granting #14 Ex Parte Application for Enlargement of Time to File. Good cause appearing, IT IS HEREBY ORDERED that Respondent is granted to and including March 24, 2013, in which to file and serve an Answer to the Petition for Writ of Habeas Corpus. IT IS FURTHER ORDERED that the Court's Order of October 10, 2012, shall otherwise remain in effect. No further extension will be granted. (dro)
February 20, 2013 Filing 14 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Answer to the Petition for Writ of Habeas Corpus ; Declaration of Susan S. Kim filed by Respondent Michael Biter. (Attachments: #1 Proposed Order)(Kim, Susan)
January 18, 2013 Opinion or Order Filing 13 ORDER by Magistrate Judge Jean P Rosenbluth: granting #12 Ex Parte Application for Enlargement of Time to File. (wr)
January 17, 2013 Filing 12 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Answer to the Petition for Writ of Habeas Corpus ; Declaration of Susan S. Kim filed by Respondent Michael Biter. (Attachments: #1 Proposed Order)(Kim, Susan)
December 21, 2012 Opinion or Order Filing 11 ORDER by Magistrate Judge Jean P Rosenbluth: granting #10 Ex Parte Application for Enlargement of Time to File. (wr)
December 20, 2012 Filing 10 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Answer to the Petition for Writ of Habeas Corpus ; Declaration of Susan S. Kim filed by Respondent Michael Biter. (Attachments: #1 Proposed Order)(Kim, Susan)
November 8, 2012 Filing 9 ELECTION REGARDING CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b). Petitioner does not consent. Filed by petitioner Randy Purcell. (rla) Modified on 11/15/2012 (rla).
November 8, 2012 Opinion or Order Filing 8 ORDER by Magistrate Judge Jean P Rosenbluth: granting #7 Ex Parte Application for Enlargement of Time. (wr)
November 7, 2012 Filing 7 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Motion to Dismiss the Petition for Writ of Habeas Corpus/Answer to the Petition ; Declaration of Susan S. Kim filed by Respondent Michael Biter. (Attachments: #1 Proposed Order)(Kim, Susan)
October 23, 2012 Filing 6 NOTICE of Appearance filed by attorney Susan S Kim on behalf of Respondent Michael Biter (Kim, Susan)
October 18, 2012 Opinion or Order Filing 5 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Jean P Rosenbluth: granting #4 Request for Leave to Proceed without Prepayment of Filing Fee. (wr)
October 15, 2012 Filing 4 Declaration in Support of REQUEST to Proceed without Prepayment of Filing Fees, filed by petitioner Randy Purcell. (twdb)
October 10, 2012 Opinion or Order Filing 3 ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Jean P Rosenbluth.The parties to this action are directed to read this order carefully, as it may differ from other judges' orders regarding responses to habeas petitions. (twdb)
October 2, 2012 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 Dean D. Pregerson and referred to Magistrate Judge Jean P Rosenbluth 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)
October 2, 2012 Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Dean D. Pregerson and referred to Magistrate Judge Jean P Rosenbluth.(Filing fee: IFP GRANTED), filed by petitioner Randy Purcell.(ghap) Modified on 10/18/2012 (wr).

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Petitioner: Randy Purcell
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Respondent: Michael Biter
Represented By: Susan S Kim
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