Shankel Patel v. Giselle Matteson et al
| Shanker C Patel |
| Warden Mrs. Giselle Matteson, People of The State of California, Xavier Becerra and Gisselle Matteson |
| 2:2020cv09126 |
| October 5, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| Stanley Blumenfeld |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 12
MINUTES (IN CHAMBERS): Order Denying Petitioner's Stay Motion Without Prejudice(ECF No. 6) by Magistrate Judge Maria A. Audero: It is further ORDERED that, absent any extensions, Respondent shall file a Motion to Dismiss by January 4, 2021 or an Answer by January 19, 2021. [See document for details.] (es)
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| Filing 11 REPLY In Support of Motion to Stay and Abey NOTICE OF MOTION AND MOTION to Stay Case pending Petitioner's exhaustion of his state-court remedies. #6 filed by Petitioner Shanker C Patel. (Parker, Corey) |
| Filing 10 NOTICE OF LODGING filed re Objection/Opposition (Motion related) #9 (Attachments: #1 Lodged Doc. 1, #2 Lodged Doc. 2, #3 Lodged Doc. 3, #4 Lodged Doc. 4, #5 Lodged Doc. 5, #6 Lodged Doc. 6, #7 Lodged Doc. 7, #8 Lodged Doc. 8, #9 Lodged Doc. 9, #10 Lodged Doc. 10)(Duarte, Ana) |
| Filing 9 OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay Case pending Petitioner's exhaustion of his state-court remedies. #6 Memorandum of Points and Authorities filed by Respondent Gisselle Matteson. (Duarte, Ana) |
| Filing 8 CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), (Parker, Corey) |
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Filing 7
MINUTES (In Chambers): Order Regarding Petitioner's Motion for Stay and Abeyance (ECF No. 6) by Magistrate Judge Maria A. Audero: On November 3, 2020, pursuant to Rhines v. Weber, 544 U.S. 269 (2005), Petitioner filed a Motion for Stay and Abeyance ("Motion"). (Mot., ECF No. 6.) Accordingly, the Court sets the following briefing schedule: Opposition: Respondent may file either an Opposition to the Motion or a Statement of Non-Opposition to the Motion within thirty days after the date of this Order, or December 4, 2020. Failure to file an opposition within the set deadline may be deemed consent to the granting of the Motion. C.D. Cal. L.R. 7-12. Reply: If Respondent files an Opposition to the Motion, Petitioner may file an optional Reply to Respondent's Opposition within fifteen days after the filing of the Opposition to the Motion. [See document for details.] (es)
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| Filing 6 NOTICE OF MOTION AND MOTION to Stay Case pending Petitioner's exhaustion of his state-court remedies. filed by Petitioner Shanker C Patel. Motion set for hearing on 11/17/2020 at 10:00 AM before Magistrate Judge Maria A. Audero. (Attachments: #1 Exhibit Exhibit 1 - Email from Corey Parker dated September 15, 2020, #2 Exhibit Exhibit 2 - People v. Shanker Patel-KA100865, Notice of Motion and Motion for Post-Conviction Discovery Hearing, #3 Exhibit Exhibit 3 - Letter from John Kennedy dated October 1, 2020, #4 Proposed Order PROPOSED Order Granting Petitioner's Motion for Stay and Abeyance) (Parker, Corey) |
| Filing 5 NOTICE OF APPEARANCE of California Attorney General Office Ana R. Duarte on behalf of Respondent Gisselle Matteson. (Attorney Ana R Duarte added to party Gisselle Matteson(pty:res))(Duarte, Ana) |
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Filing 4
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Maria A. Audero. Petitioner shall file a completed Form CV-11B with the Clerk and serve Respondents with same within twenty-eight (28) days after the date of this Order. Within fourteen (14) days after the date of this Order, Respondents shall file and serve a Notice of Appearance. Respondents may file and serve an Answer to the Petition within forty-five (45) days after the date of this Order 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 for writ of Habeas Corpus, #2 Part 1 to Petition, #3 Part 2 to Petition, #4 Part 3 to Petition, #5 Part 4 to Petition, #6 Part 5 to Petition, #7 Part 6 to Petition, #8 Part 7 to Petition, #9 Consent Form) (et)
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| Filing 3 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition for Writ of Habeas Corpus #1 . The following error(s) was found: Attachment # 1 Memorandum In Support of Petition for Writ of Habeas Corpus, Attachment # 6 Civil Cover Sheet should not have been attached to Docket Entry No.1 Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (et) |
| Filing 2 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Stanley Blumenfeld, Jr and referred to Magistrate Judge Maria A. Audero, 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. (et) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in State Custody (28 USC 2254), Receipt No. ACACDC-28390325 for $5 filing fee, filed by Petitioner Shanker C Patel. (Attachments: #1 Memorandum Memorandum In Support of Petition for Writ of Habeas Corpus, #2 Exhibit Attachment A - CA 2nd COA PATEL OPINION OF COURT OF APPEAL, #3 Exhibit Attachment B - CA SC Petition For Review, #4 Exhibit Attachment C - CA SC Order Denying Petition for Review, #5 Exhibit Attachment D - US SC Order Denying Petition for Writ of Certiorari, #6 Civil Cover Sheet Civil Cover Sheet) (Attorney Corey Evan Parker added to party Shanker C Patel(pty:pet))(Parker, Corey) |
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