Sean Jason West v. E Valenzuela

Sean Jason West v. E Valenzuela

Petitioner:	Sean Jason West
Respondent:	E Valenzuela
Case Number:	2:2013cv02773
Filed:	April 19, 2013
Court:	US District Court for the Central District of California
Presiding Judge:	Valerie Baker Fairbank
Presiding Judge:	Alicia G. Rosenberg
Nature of Suit:	Habeas Corpus (General)

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
August 5, 2013	Filing 9 ORDER ADOPTING THE REPORT AND RECOMMENDATION AS SUPPLEMENTED: DISMISSING THE HABEAS PETITION BECAUSE IT IS UNTIMELY and PRECLUDED BY A PENDING FEDERAL CLASS ACTION; DECLINING A CERTIFICATE OF APPEALABILITY by Judge Valerie Baker Fairbank for Report and Recommendation (Issued) 6 . The Report and Recommendation is ADOPTED as supplemented. The habeas corpus petition is DISMISSED both because it is untimely and because it is precluded by the pendency of a federal class action in which petitioner is a class member. Based on the untimeliness of the habeas corpus petition, the dismissal is with prejudice. The Court DECLINES to issue a certificate of appealability. This is a final order, but it will not be appealable until and unless petitioner obtains a certificate of appealability from the U.S. Court of Appeals. As required by Fed. R. Civ. P. 58(a)(1), the judgment is being issued as a separate document. IT IS SO ORDERED. (See Order for details.) (mp)
April 29, 2013	Filing 3 ORDER TO SHOW CAUSE by Magistrate Judge Alicia G. Rosenberg. Response to Order to Show Cause due by 5/29/2013. On April 19, 2013, Petitioner filed a Petition for Habeas Corpus pursuant to28 U.S.C. § 2254. For the reasons discussed below, it appe ars the one-yearstatute of limitations has expired. The court, therefore, orders Petitioner to show cause, on or before May 29, 2013, why this court should not recommend dismissal of the petition with prejudice based on expiration of the one-year statute of limitations. (SEE ORDER FOR DETAILS.) (mp)

Date Filed

Document Text

August 5, 2013

Filing 9 ORDER ADOPTING THE REPORT AND RECOMMENDATION AS SUPPLEMENTED: DISMISSING THE HABEAS PETITION BECAUSE IT IS UNTIMELY and PRECLUDED BY A PENDING FEDERAL CLASS ACTION; DECLINING A CERTIFICATE OF APPEALABILITY by Judge Valerie Baker Fairbank for Report and Recommendation (Issued) 6 . The Report and Recommendation is ADOPTED as supplemented. The habeas corpus petition is DISMISSED both because it is untimely and because it is precluded by the pendency of a federal class action in which petitioner is a class member. Based on the untimeliness of the habeas corpus petition, the dismissal is with prejudice. The Court DECLINES to issue a certificate of appealability. This is a final order, but it will not be appealable until and unless petitioner obtains a certificate of appealability from the U.S. Court of Appeals. As required by Fed. R. Civ. P. 58(a)(1), the judgment is being issued as a separate document. IT IS SO ORDERED. (See Order for details.) (mp)

April 29, 2013

Filing 3 ORDER TO SHOW CAUSE by Magistrate Judge Alicia G. Rosenberg. Response to Order to Show Cause due by 5/29/2013. On April 19, 2013, Petitioner filed a Petition for Habeas Corpus pursuant to28 U.S.C. § 2254. For the reasons discussed below, it appe ars the one-yearstatute of limitations has expired. The court, therefore, orders Petitioner to show cause, on or before May 29, 2013, why this court should not recommend dismissal of the petition with prejudice based on expiration of the one-year statute of limitations. (SEE ORDER FOR DETAILS.) (mp)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Central District Court's Electronic Court Filings (ECF) System

Search for this case: Sean Jason West v. E Valenzuela
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Sean Jason West
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: E Valenzuela
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?