Wesley Garcia v. R Smith
Petitioner: Wesley Garcia
Respondent: R Smith
Case Number: 2:2019cv09535
Filed: November 6, 2019
Court: US District Court for the Central District of California
Presiding Judge: Andre Birotte
Referring Judge: Alka Sagar
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2019 Opinion or Order Filing 7 ORDER by Magistrate Judge Alka Sagar: granting #6 EX PARTE APPLICATION for Extension of Time to File. Respondent is granted to and including January 12, 2020, to file a Motion to Dismiss, and to and including February 12, 2020, to file an Answer to the Petition for Writ of Habeas Corpus. (hr)
December 10, 2019 Filing 6 First EX PARTE APPLICATION for Extension of Time to File a Motion to Dismiss or Answer to the Petition for Writ of Habeas Corpus filed by Respondent R Smith. (Attachments: #1 Proposed Order Granting Respondent to and including January 11, 2020, to File a Motion to Dismiss or to and including February 12, 2020, to File an Answer.) (Estaville, Toni)
November 27, 2019 Filing 5 NOTICE of Appearance filed by attorney Toni R Johns Estaville on behalf of Respondent R Smith (Attorney Toni R Johns Estaville added to party R Smith(pty:res))(Estaville, Toni)
November 12, 2019 Opinion or Order Filing 4 ORDER REQUIRING RESPONSE TO PETITION (28 U.S.C. 2254) by Magistrate Judge Alka Sagar. IT IS ORDERED that: Before November 27, 2019, Respondent shall file and serve a Notice of Appearance. If Respondent contends that the Petition can be decided without the Court's reaching the merits of Petitioner's claims, Respondent shall file a Motion to Dismiss on or before December 12, 2019. If Respondent does not contend that the Petition can be decided without the Court reaching the merits of Petitioner's claims, Respondent shall file and serve an Answer to the Petition on or before January 13, 2020. (see document for further details) 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. (Attachments: #1 Petition, #2 Petitioner's Declined Consent) (hr)
November 6, 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 Andre Birotte Jr and referred to Magistrate Judge Alka Sagar, 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)
November 6, 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 Wesley Garcia. The Petitioner does not consent. (car)
November 6, 2019 Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Andre Birotte Jr and referred to Magistrate Judge Alka Sagar.(Filing fee $ 5. FEE DUE), filed by Petitioner Wesley Garcia. (car)

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Petitioner: Wesley Garcia
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Respondent: R Smith
Represented By: Toni R Johns Estaville
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