Lamel Wilson v. Warden
| Lamel Wilson |
| Warden |
| 2:2019cv07866 |
| September 11, 2019 |
| US District Court for the Central District of California |
| Steve Kim |
| R Gary Klausner |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 6 JUDGMENT by Judge R. Gary Klausner. Pursuant to the Order Dismissing Petition and Denying Certificate of Appealability, IT IS ADJUDGED that the petition for writ of habeas corpus and this action are dismissed with prejudice. (MD JS-6, Case Terminated). (clee) |
Filing 5
ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY by Judge R. Gary Klausner. THEREFORE, the Petition is ordered DISMISSED for being unexhausted and untimely. Judgment dismissing this habeas action with prejudice will be entered accordingly. FURTHERMORE, a Certificate of Appealability is DENIED because Petitioner has not shown both that jurists of reason would find it debatable whether the Petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the Court is correct in its procedural rulings. See 28 U.S.C. 2253(c)(2); Fed. R. App. P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484 (2000). IT IS SO ORDERED. (SEE ORDER FOR DETAILS). (clee)
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Presented By Order issued by Magistrate Judge Steve Kim Re Petition for Writ of Habeas Corpus (2254) #1 forwarded to District Judge R. Gary Klausner for review.(clee)
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| Filing 4 RESPONSE to Order to Show Cause #3 , filed by Petitioner Lamel Wilson (hr) |
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Filing 3
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: EXHAUSTION AND TIMELINESS by Magistrate Judge Steve Kim.THEREFORE, Petitioner is ORDERED TO SHOW CAUSE on or before October 17, 2019 why this action should not be dismissed for lack of exhaustion and untimeliness. If Petitioner no longer wishes to pursue this action, he may voluntarily dismiss the action using the attached Notice of Voluntary Dismissal Form CV-09. See Fed. R. Civ. P. 41(a). But if Petitioner files no notice of voluntary dismissal or timely response to this order explaining how his claims are exhausted and timely, the Court may also recommend involuntary dismissal of the petition for failure to prosecute. See Fed. R. Civ. P. 41(b) L.R. 41-1. (SEE ORDER FOR DETAILS). (Attachments: #1 Voluntary Dismissal Form) (clee)
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| Filing 2 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge R. Gary Klausner and referred to Magistrate Judge Steve Kim, 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 Notice Re: Discrepancies in Filing of Habeas Corpus Petition) (car) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge R. Gary Klausner and referred to Magistrate Judge Steve Kim.(Filing fee $ 5. FEE DUE), filed by Petitioner Lamel Wilson. (car) |
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