Tammy Lynn Shirk v. Guillermo Garcia
| Tammy Lynn Shirk |
| Tamara Kabban-Miller |
| 2:2013cv02074 |
| March 22, 2013 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Gary A Feess |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 22 Text Only Entry (IN CHAMBERS) by Magistrate Judge Paul L. Abrams. Pursuant to the Notice of Lodging #9 , 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. (ch) TEXT ONLY ENTRY |
Filing 21
ORDER DENYING CERTIFICATE OF APPEALABILITY by Judge Gary A. Feess (car)
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| Filing 20 JUDGMENT by Judge Gary A. Feess, Pursuant to the order adopting the magistrate judges report and recommendation, IT IS ADJUDGED that the petition in this matter is dismissed without prejudice for failure to prosecute and follow Court orders, and because the Petition is a mixed petition. #19 (MD JS-6, Case Terminated). (es) |
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Filing 19
ORDER ADOPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION by Judge Gary A. Feess: The Court agrees with the recommendations of the magistrate judge. ACCORDINGLY, IT IS ORDERED: 1. The report and recommendation is adopted. 2. Respondents Motion to Dismiss is granted. 3. Judgment shall be entered consistent with this order. 4. The clerk shall serve this order and the judgment on all counsel or parties of record. (es)
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| Filing 18 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Paul L. Abrams. #8 (es) |
| Filing 17 NOTICE OF FILING OF MAGISTRATE JUDGES REPORT AND RECOMMENDATION by Magistrate Judge Paul L. Abrams. Objections to R&R due by 12/26/2013 (Attachments: #1 R & R) (es) |
| Filing 16 MINUTES (In Chambers) by Magistrate Judge Paul L. Abrams. Accordingly, NO LATER THAN NOVEMBER 18, 2013, petitioner is ordered to show cause why the Petition should not be dismissed as a "mixed" petition. Filing by petitioner, on or before November 18, 2013, of a notice of dismissal or declaration, using one of the four options detailed above, shall be deemed compliance with thisOrder to Show Cause. Petitioner is advised that her failure to timely file a response to this Order, as set forth herein, will result in a recommendation that this action be dismissed as a "mixed" petition, and for failure to prosecute and follow Court orders. The clerk is directed to send petitioner a copy of the Notice of Dismissal form, along with this Order. **SEE ORDER FOR DETAILS.** (Attachments: #1 blank Notice of Dismissal form) (ch) |
| Filing 15 OPPOSITION re: MOTION to Dismiss Case PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES #8 filed by Petitioner Tammy Lynn Shirk. (ch) |
| Filing 14 MINUTES (IN CHAMBERS) by Magistrate Judge Paul L. Abrams. The Court has reviewed petitioner's "Motion for Extension of Time to File an Opposition... #13 ," filed on August 28, 2013. Petitioner's request is GRANTED. Petitioner's Opposition to respondent's Motion to Dismiss is now due NO LATER THAN SEPTEMBER 30, 2013. Petitioner is reminded that all filings with the Court must be served on opposing counsel. (ch) |
| Filing 13 MOTION FOR EXTENSION OF TIME TO FILE AN OPPOSITION TO RESPONDENT'S MOTION TO DISMISS filed by petitioner Tammy Lynn Shirk. (ch) |
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Filing 12
(IN CHAMBERS) ORDER by Magistrate Judge Paul L. Abrams: The Court has reviewed petitioner's "Motion for Extension of Time to File an Opposition...," filed on July 17, 2013. Petitioner's request is granted. Petitioner's Opposition to respondent's Motion to Dismiss is now due no later than August 21, 2013. (es)
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| Filing 11 MOTION for Extension of Time to File An Opposition to Respondent's Motion to Dismiss Petition for Writ of Habeas Corpus filed by petitioner Tammy Lynn Shirk. (es) |
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Filing 10
ORDER RE: FILING OF OPPOSITION TO MOTION TO DISMISS by Magistrate Judge Paul L. Abrams. On April 24, 2013, respondent filed a Motion to Dismiss Petition for Writ of Habeas Corpus. Petitioner's Opposition to respondent's Motion to Dismiss was due by May 24, 2013. The Court believes that an Opposition may be of assistance in determining this matter. Therefore, it is ordered that petitioner file an Opposition no later than July 8, 2013. Petitioner is advised that failure to oppose a motion to dismiss may be construed as consent to the granting of the motion, and may result in dismissal of the action. Local Rule 7-12. Unless the Court orders otherwise, the matter will be deemed submitted on the day following the day petitioners Opposition is due. (es)
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| Filing 9 NOTICE OF LODGING filed re MOTION to Dismiss Case PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES #8 (Attachments: #1 Declaration of Service re Notice of Lodging)(Kohm, Eric) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Respondent Tamara Kabban-Miller. (Attachments: #1 Declaration of Service re Motion to Dismiss)(Kohm, Eric) |
| Filing 7 NOTICE of Appearance filed by attorney Eric J Kohm on behalf of Respondent Guillermo Garcia (Attachments: #1 Declaration of Service re Notice of Appearance)(Kohm, Eric) |
| Filing 6 MINUTES (IN CHAMBERS) by Magistrate Judge Paul L. Abrams. The Court has reviewed petitioner's "Declaration in Support of Request to Proceed In Forma Pauperis #5 ," filed on March 22, 2013. Petitioner's Request is GRANTED, and the Clerk of the Court is ordered to waive the filing fee in this matter. (ch) |
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Filing 4
ORDER REQUIRING RESPONSE TO PETITION by Magistrate Judge Paul L. Abrams. Respondent shall serve and file a Notice of Appearance NO LATER THAN APRIL 5, 2013. Respondent shall file a single motion to dismiss NO LATER THAN APRIL 25, 2013, or an Answer and Return to Petition NO LATER THAN MAY 10, 2013. **See Order for details.** Notice: The court has determined that Respondent should respond to the petition. Pursuant to the Agreement on Service between the Clerk of Court and the California Attorney General's Office, this Notice constitutes service under Fed. R Civ. P. 4. (Attachments: #1 Petition, #2 Consent) (ch)
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| Filing 5 Declaration in Support of Request to Proceed In Forma Pauperis filed by petitioner Tammy Lynn Shirk. (ch) |
| Filing 3 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 Gary A. Feess and referred to Magistrate Judge Paul L. Abrams 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 2 ELECTION REGARDING CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Tammy Lynn Shirk. (ghap) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Gary A. Feess and referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 5: FEE DUE.), filed by petitioner Tammy Lynn Shirk. (Attachments: #1 Part 1 of Petition)(ghap) |
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| Petitioner: Tammy Lynn Shirk | |
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| Respondent: Tamara Kabban-Miller | |
| Represented By: | Eric J Kohm |
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