Russell Thomas May v. Eric Bradley
| Russell Thomas May |
| Eric Bradley |
| 2:2020cv10119 |
| November 4, 2020 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Percy Anderson |
| Sheri Pym |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 25
ORDER by Magistrate Judge Sheri Pym: Granting #24 EX PARTE APPLICATION. Respondent, shall have up to and including, January 27, 2021 to file an Answer to the Petition. (kca)
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| Filing 24 EX PARTE APPLICATION for Order for ENLARGING TIME TO RESPOND TO PETITION FOR WRIT OF HABEAS CORPUS, 28 U.S.C. 2241 filed by Respondent Eric Bradley. (Attachments: #1 Proposed Order, #2 Proof of Service) (Gamble, Gwen) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Gwen M. Gamble counsel for Respondent Eric Bradley. Adding Gwen M. Gamble as counsel of record for Eric Bradley for the reason indicated in the G-123 Notice. Filed by Respondent Eric Bradley. (Attachments: #1 POS)(Attorney Gwen M. Gamble added to party Eric Bradley(pty:res))(Gamble, Gwen) |
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Filing 22
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Sheri Pym (SEE ORDER FOR 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 United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (Attachments: #1 Petition) (dsb)
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| Filing 21 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Percy Anderson and referred to Magistrate Judge Sheri Pym, 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. (Additional attachment(s): #1 CV-38) (lh). |
| Filing 20 ORIGINAL file, certified copy of transfer order and docket sheet received from Pennsylvania Western |
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Filing 19
MEMORANDUM OPINION AND ORDER - In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that this case be transferred to the United States District Court for the Central District of California FORTHWITH. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. #15 ), as supplemented herein, is ADOPTED as the opinion of the court. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Appellate Procedure 4(a)(1)(B), Petitioner has sixty (60) days after judgment is entered to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 11/4/2020. (dlg) [Transferred from Pennsylvania Western on 11/5/2020.]
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| Case electronically transferred to the United States District Court for the Central District of California. (dlg) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 18 OBJECTIONS to #15 Report and Recommendation, by RUSSELL THOMAS MAY. (Attachments: #1 Envelope) (jjg) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 17 NOTICE of Change of Address by RUSSELL THOMAS MAY. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to RUSSELL THOMAS MAY. (sdp) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 16 TEXT ORDER - The BOP Inmate Locator reflects that Petitioner has been transferred to FCI Oakdale I. In light of this transfer, the Court will extend the time to file objections to the Amended Report and Recommendation, a copy of which is attached. Petitioner, because he is a non-electronically registered party, must file objections to this Report and Recommendation by November 2, 2020, and Respondent, because he is an electronically registered party, must file objections, if any, by October 29, 2020. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Set Response: Petitioner's objections to Amended Report and Recommendation due by 11/2/2020; Respondent's objections due by 10/29/2020. See ECF 16 . (bsc) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 15 AMENDED REPORT AND RECOMMENDATION re #3 Petition for Writ of Habeas Corpus filed by RUSSELL THOMAS MAY. For the reasons more fully stated within, it is recommended that this case be transferred to the United States District Court for the Central District of California. Any party is permitted to file Objections to this Report and Recommendation to the assigned United States District Judge. Petitioner, because he is a non-electronically registered party, must file objections to this Report and Recommendation by October 2, 2020, and Respondent, because he is an electronically registered party, must file objections, if any, by September 29, 2020. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/14/2020. (bsc) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 14 TEXT ORDER - In light of Petitioner's filing indicating he has been transferred to a new facility, the Court will reissue its Report and Recommendation and provide additional time for Petitioner to file any objections. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 13 NOTICE of Change of Address by RUSSELL THOMAS MAY. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to RUSSELL THOMAS MAY. (Attachments: #1 Envelope) (ma) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 12 REPORT AND RECOMMENDATION re #3 Petition for Writ of Habeas Corpus filed by RUSSELL THOMAS MAY. For the reasons more fully stated within, it is recommended that this case be transferred to the United States District Court for the Central District of California. Any party is permitted to file Objections to this Report and Recommendation to the assigned United States District Judge. Petitioner, because he is a non-electronically registered party, must file objections to this Report and Recommendation by September 21, 2020, and Respondent, because he is an electronically registered party, must file objections, if any, by September 16, 2020. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/1/2020. (bsc) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Judge Kim R. Gibson added. Judge Stephanie L. Haines no longer assigned to case. (cel) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Judge Stephanie L. Haines and Magistrate Judge Cynthia Reed Eddy added. (cel) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 11 RESPONSE to #3 Petition for Writ of Habeas Corpus, filed by ERIC BRADLEY. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B) (Fischer, Adam) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 10 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by RUSSELL THOMAS MAY. (Attachments: #1 Envelope) (ma) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 9 TEXT ORDER granting #8 MOTION for Extension of Time to File Response as to #3 Petition for Writ of Habeas Corpus by ERIC BRADLEY. Respondent is granted an extension until 8/26/2020 to file a response. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 7/1/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 8 MOTION for Extension of Time to File Response/Reply as to #3 Petition for Writ of Habeas Corpus by ERIC BRADLEY. (Attachments: #1 Proposed Order) (Fischer, Adam) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Update Answer Deadline: Answer due from ERIC BRADLEY on 8/26/2020 (bsc) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 7 TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 7/31/2020, Petitioner shall complete the attached election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. Respondent''s election form has been filed at ECF 6. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 6/30/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 6 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ERIC BRADLEY. (Fischer, Adam) [Transferred from Pennsylvania Western on 11/5/2020.] |
| Filing 5 NOTICE of Appearance by Adam Fischer on behalf of ERIC BRADLEY. (Fischer, Adam) [Transferred from Pennsylvania Western on 11/5/2020.] |
| FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) [Transferred from Pennsylvania Western on 11/5/2020.] |
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Filing 4
ORDER: IT IS ORDERED that the United States Marshal shall make service of this Order by certified mail, together with a copy of the Petition for Writ of Habeas Corpus (the Petition), upon the Warden of U.S. Penitentiary Lompoc, the United States Attorney for the Western District of Pennsylvania, and the Attorney General of the United States of America. Costs to be borne by the United States. IT IS FURTHER ORDERED that within sixty (60) days of this Order, the Respondents shall answer or otherwise respond to the allegations of the Petition. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 5/13/2020. (nll) [Transferred from Pennsylvania Western on 11/5/2020.]
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| Filing 3 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 34668005294), filed by RUSSELL THOMAS MAY. (Attachments: #1 Receipt) (plp) [Transferred from Pennsylvania Western on 11/5/2020.] |
| IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) [Transferred from Pennsylvania Western on 11/5/2020.] |
| IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) [Transferred from Pennsylvania Western on 11/5/2020.] |
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Filing 2
ORDER denying #1 Motion for Leave to Proceed in forma pauperis. Petitioner's account statement indicates that there are sufficient funds to pay the $5 filing fee. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/24/2020. (nll) [Transferred from Pennsylvania Western on 11/5/2020.]
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by RUSSELL THOMAS MAY. (Attachments: #1 Inmate Account Statement, #2 Authorization, #3 Proposed Habeas Petition, #4 Exhibit, #5 Envelope) (ma) [Transferred from Pennsylvania Western on 11/5/2020.] |
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| Petitioner: Russell Thomas May | |
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| Respondent: Eric Bradley | |
| Represented By: | Adam B. Fischer |
| Represented By: | Gwen M. Gamble |
| Represented By: | Assistant 2241-194 US Attorney LA-CV |
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