Timothy Clark v. Josie Gastelo
| Timothy Clark |
| Josie Gastelo |
| 2:2020cv07084 |
| August 4, 2020 |
| US District Court for the Central District of California |
| Andre Birotte |
| Rozella A Oliver |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Kristen Joy Inberg counsel for Respondent Josie Gastelo. Adding Kristen J. Inberg as counsel of record for Josie Gastelo for the reason indicated in the G-123 Notice. Filed by Respondent Josie Gastelo. (Attorney Kristen Joy Inberg added to party Josie Gastelo(pty:res))(Inberg, Kristen) |
Filing 6
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Rozella A. Oliver. Respondent Josie Gastelo file Answer to the Petition not later than 11/6/2020. 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 Election Re Consent) (dml)
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| Filing 5 REPLY filed by Petitioner Timothy Clark to (IN CHAMBERS) ORDER RE: REVIEW OF HABEAS PETITION #4 (dml) |
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Filing 4
(IN CHAMBERS) ORDER RE: REVIEW OF HABEAS PETITION by Magistrate Judge Rozella A. Oliver. The Court has conducted a preliminary review of the petition. Based on its review of the Petition, the Court concludes that the pending habeas action is subject to summary dismissal. However, in the interests of fairness, the Court will give Petitioner an opportunity to explain why his federal case is timely under AEDPA. IT IS HEREBY ORDERED that Petitioner shall file a written statement explaining why the Petition is not time barred. Petitioner shall file these documents with the Court by or before September 11, 2020. After the Court receives Petitioner's statement, it will determine whether to serve the petition on the California Attorney General. SEE ORDER FOR DETAILS. (Attachments: #1 Dismissal Form) (dml)
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| 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 Rozella A. Oliver, 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. (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 Timothy Clark. (ghap) |
| 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 Rozella A. Oliver.(Filing fee $ 5: FEE DUE.), filed by petitioner Timothy Clark. (ghap) |
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| Petitioner: Timothy Clark | |
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| Respondent: Josie Gastelo | |
| Represented By: | Kristen Joy Inberg |
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