Fernando Hernandez v. Warren L. Montgomery
Defendant: Warren L. Montgomery
Petitioner: Fernando Hernandez
Case Number: 2:2019cv02727
Filed: April 10, 2019
Court: US District Court for the Central District of California
Presiding Judge: Andre Birotte
Referring Judge: Ronald SW Lew
2 Judge: Jean P Rosenbluth
3 Judge: Karen L Stevenson
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2019 Filing 16 NOTICE OF LODGING filed NOTICE OF LODGING IN 28 U.S.C. SECTION 2254 CASE re NOTICE OF MOTION AND MOTION to Dismiss PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES #15 (Attachments: #1 LD1 - Clerk's Transcripts and Supplemental (5 Volumes) - Part 1, #2 LD1 - Clerk's Transcripts and Supplemental (5 Volumes)(Part 2), #3 LD2 - Reporter's Transcripts (6 Volumes), #4 LD3 - Petitioner's Opening Brief, #5 LD4 - Petitioner's Supp. Opening Brief, #6 LD5 - Jessica Vega's Opening Brief, #7 LD6 - Jessica Vega's Notice of Joinder, #8 LD7 - Jorge Hernandez's Opening Brief, #9 LD8 - Yonkany Bojorquez's Opening Brief, #10 LD9 - Respondent's Brief, #11 LD10 - Petitioner's Reply Brief, #12 LD11 - Jessica Vega's Reply Brief, #13 LD12 - Jorge Hernandez's Reply Brief, #14 LD13 - Yonkany Bojorquez's Reply Brief, #15 LD14 - CA COA Opinion, #16 LD15 - Petitioner's Petition for Review, #17 LD16 - Jessica Vega's Petition for Review, #18 LD17 - Jorge Hernandez's Petition for Review, #19 LD18 - Yonkany Bojorquez's Petition for Review, #20 LD19 - Cal. Supreme Court Denial Order, #21 LD20 - Petitioner's Cal. Supreme Court Habeas Petition, #22 LD21 - LAC Superior Court Docket (KA111191))(Nguyen, Taylor)
June 14, 2019 Filing 15 NOTICE OF MOTION AND MOTION to Dismiss PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Respondent Warren L. Montgomery. (Nguyen, Taylor)
June 14, 2019 Filing 14 OBJECTIONS to Petition for Writ of Habeas Corpus (2254) #1 OPPOSITION TO PETITIONER'S MOTION FOR STAY AND ABEYANCE; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant Warren L. Montgomery. (Nguyen, Taylor)
June 3, 2019 Opinion or Order Filing 13 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:18-cv-10201 AB(KS). Case transferred from Judge Ronald S.W. Lew to Judge Andre Birotte Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-02727 AB(KS). Signed by Judge Andre Birotte Jr (rn)
May 14, 2019 Opinion or Order Filing 11 ORDER #10 by Magistrate Judge Karen L. Stevenson. IT IS HEREBY ORDERED that Respondent is GRANTED to and including June 16, 2019, to file a Motion to Dismiss the Petition for Writ of Habeas Corpus and an opposition to Petitioner's stay motion, and to and including July 1, 2019, to file an Answer to the Petition, in the alternative. (gr)
May 13, 2019 Opinion or Order Filing 12 ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 19-03 -Related Case- filed. Related Case No: 2:18-cv-10201 AB(KS). Case referred from Magistrate Judge Jean P. Rosenbluth to Magistrate Judge Karen L. Stevenson for 194. The case number will now read as follows: 2:19-cv-02727 RSWL(KS). Signed by Magistrate Judge Karen L. Stevenson. (rn)
May 10, 2019 Filing 10 First APPLICATION for Extension of Time to File RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS AND STAY MOTION; DECLARATION OF TAYLOR NGUYEN filed by Respondent Warren L. Montgomery. (Attachments: #1 Proposed Order) (Nguyen, Taylor)
May 9, 2019 Filing 9 NOTICE of Related Case(s) filed by Respondent Warren L. Montgomery. NOTICE OF RELATED CASE Related Case(s): CV18-10201-AB-KS (Nguyen, Taylor)
May 9, 2019 Filing 8 NOTICE OF APPEARANCE of California Attorney General Office Taylor Nguyen, Deputy Attorney General, on behalf of Respondent Warren L. Montgomery. California Attorney General Seth Patrick McCutcheon terminated. (Attorney Taylor T Nguyen added to party Warren L. Montgomery(pty:dft))(Nguyen, Taylor)
April 23, 2019 Filing 7 NOTICE of Appearance filed by attorney Seth Patrick McCutcheon on behalf of Defendant Warren L. Montgomery (Attorney Seth Patrick McCutcheon added to party Warren L. Montgomery(pty:dft))(McCutcheon, Seth)
April 19, 2019 Filing 6 MINUTES (IN CHAMBERS) by Magistrate Judge Jean P. Rosenbluth: Petitioner's request to proceed in forma pauperis, filed April 15, 2019, is GRANTED. #5 . (yl)
April 17, 2019 Opinion or Order Filing 4 ORDER REQUIRING RESPONSE TO PETITION AND STAY MOTION by Magistrate Judge Jean P. Rosenbluth: that Respondent Warren L. Montgomery file Answer to the Petition not later than 6/3/2019. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the California Attorney Generals Office, this Notice constitutes service under Fed. R. Civ. P. 4. Motions to Dismiss shall be filed by 5/17/2019. (Attachments: #1 Attachment 1) (sbou)
April 15, 2019 Filing 5 REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Petitioner Fernando Hernandez. (bem)
April 10, 2019 Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Ronald S.W. Lew and referred to Magistrate Judge Jean P. Rosenbluth, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (Attachments: #1 CV-111 and CV-69) (ghap)
April 10, 2019 Filing 2 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Fernando Hernandez. The Petitioner does not consent. (ghap)
April 10, 2019 Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Ronald S.W. Lew and referred to Magistrate Judge Jean P. Rosenbluth.(Filing fee $ 5: FEE DUE.), filed by petitioner Fernando Hernandez. (ghap)

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Petitioner: Fernando Hernandez
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Defendant: Warren L. Montgomery
Represented By: Seth Patrick McCutcheon
Represented By: Taylor T Nguyen
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