Robert Chucku White v. SW Phelps
| Robert Chucku White |
| S W Phelps |
| 2:2021cv04002 |
| May 12, 2021 |
| US District Court for the Central District of California |
| John W Holcomb |
| Shashi H Kewalramani |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 40 OBJECTION to REPORT AND RECOMMENDATION #24 , re: Minutes of In Chambers Order #39 , filed by Petitioner Robert Chucku White. (hr) |
Filing 39
MINUTE ORDER IN CHAMBERS- ORDER ADOPTING PREVIOUSLY ISSUED REPORTAND RECOMMENDATION [ECF NO. 24] AND SCHEDULING ORDER FOR OBJECTIONS by Magistrate Judge Shashi H. Kewalramani: Therefore, this Magistrate JudgeADOPTS the R&R issued from the South Carolina Court and the Clerk of this Court is ORDERED to provide a copy of this Order (including Exhibit A) to Petitioner and counsel for the Defendant. Pursuant to Local Rule 72-3.4, any objections to the adopted R&R are due within 30 days of the issuance of this Order June 17, 2021. At that time, the Court will issue any further orders, as appropriate. (dc)
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| Filing 38 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John W. Holcomb and referred to Magistrate Judge Shashi H. Kewalramani, 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 CV38) (jtil) |
| Filing 37 ORIGINAL file, certified copy of transfer order and docket sheet received from South Carolina |
| Filing 35 ***DOCUMENT MAILED #34 Order transferring case, placed in U.S. Mail from Greenville Clerks Office to Robert Chucku White 20225-424 TERMINAL ISLAND FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels 1299 SEASIDE AVENUE TERMINAL ISLAND, CA 90731. (sgri) [Transferred from South Carolina on 5/14/2021.] |
| Filing 34 OPINION AND ORDER TRANSFERRING PETITIONER'S PETITION: This case is TRANSFERRED to The United States District Court for the Central District of California (CDCA) for further proceedings, and any pending motions are RENDERED AS MOOT. To the extent White requests a certificate of appealability from this Court, that certificate is DENIED. Signed by Honorable Mary Geiger Lewis on 5/11/2021. (sgri) [Transferred from South Carolina on 5/14/2021.] |
| Filing 31 ***DOCUMENTS MAILED 30 TEXT ORDER, #24 REPORT AND RECOMMENDATION placed in U.S. Mail from Greenville Clerks Office to Robert Chucku White 20225-424 TERMINAL ISLAND FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels 1299 SEASIDE AVENUE TERMINAL ISLAND, CA 90731. (sgri) [Transferred from South Carolina on 5/14/2021.] |
| Filing 30 TEXT ORDER: The Court directs the Clerk's Office to resend the Report and Recommendation #24 to Plaintiff at his new address and provide him an additional fourteen days to submit objections. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 4/1/2021. (sgri) [Transferred from South Carolina on 5/14/2021.] |
| Filing 29 NOTICE of Change of Address by Robert Chucku White. (Attachments: #1 Envelope)(sgri) [Transferred from South Carolina on 5/14/2021.] |
| Filing 26 MOTION for Copies at no expense by Robert Chucku White. Response to Motion due by 11/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.(rweb, ) [Transferred from South Carolina on 5/14/2021.] |
| Filing 25 ***DOCUMENT MAILED #24 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Robert Chucku White, #15 MOTION to Dismiss , or in alternative MOTION for Summary Judgment filed by S W Phelps placed in U.S. Mail from Greenville Clerks Office to Robert Chucku White 20225-424 FCI - EDGEFIELD Inmate Mail/Parcels P.O. BOX 725 EDGEFIELD, SC 29824 (rweb, ) [Transferred from South Carolina on 5/14/2021.] |
| Filing 24 REPORT AND RECOMMENDATION, the Court recommends that Respondent's motion for summary judgment #15 be GRANTED; that Petitioner's motion for summary judgment #19 be DENIED; and that the Petition #1 be DENIED. Objections to R&R due by 11/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 11/12/20. (rweb, ) (Additional attachment(s) added on 11/12/2020: #1 Objection Notice) (rweb, ). Modified on 11/12/2020 to add document (rweb, ). [Transferred from South Carolina on 5/14/2021.] |
| Filing 21 SUPPLEMENT by Robert Chucku White to #18 Response in Opposition to Motion. (Attachments: #1 Envelope) (rweb, ) [Transferred from South Carolina on 5/14/2021.] |
| Filing 19 MOTION for Summary Judgment and Memorandum In Support by Robert Chucku White. Response to Motion due by 9/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order. Motions referred to Jacquelyn D Austin. (rweb, ) [Transferred from South Carolina on 5/14/2021.] |
| Filing 18 RESPONSE in Opposition re #15 MOTION to Dismiss , or in alternative MOTION for Summary Judgment Response filed by Robert Chucku White.Reply to Response to Motion due by 9/17/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope) (rweb, ) Supplement #21 filed on 9/11/2020. (rweb, ) [Transferred from South Carolina on 5/14/2021.] |
| Filing 17 ***DOCUMENT MAILED #16 Roseboro Order, placed in U.S. Mail from Greenville Clerks Office to Robert Chucku White 20225-424 FCI - EDGEFIELD Inmate Mail/Parcels P.O. BOX 725 EDGEFIELD, SC 29824 (rweb, ) [Transferred from South Carolina on 5/14/2021.] |
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Filing 16
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #15 MOTION to Dismiss , or in alternative MOTION for Summary Judgment by 10/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 09/3/20. (rweb, ) [Transferred from South Carolina on 5/14/2021.]
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| Filing 15 MOTION to Dismiss , or in alternative, MOTION for Summary Judgment ( Response to Motion due by 9/15/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by S W Phelps. (Attachments: #1 Exhibit 1, Carter Declaration)No proposed order.Motions referred to Jacquelyn D Austin.(Prince, Marshall) [Transferred from South Carolina on 5/14/2021.] |
| Filing 14 ***DOCUMENT MAILED 13 Order on Motion to Appoint Counsel,,,,,, Order on Motion for Leave to Proceed in forma pauperis,,,,, placed in U.S. Mail from Greenville Clerks Office to Robert Chucku White 20225-424 FCI - EDGEFIELD Inmate Mail/Parcels P.O. BOX 725 EDGEFIELD, SC 29824 (rweb, ) [Transferred from South Carolina on 5/14/2021.] |
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Filing 13
TEXT ORDER denying #11 motion to appoint counsel. Congress does not appropriate funds to pay attorneys who represent litigants in non-capital habeas corpus cases. 53 Comp. Gen. 638 (1974). Although this economic fact is not conclusively determinative of the issue, it is a practical consideration which cannot be ignored. Further, in most non-capital habeas corpus cases, the issues are not complex and whenever such a case is brought by a pro se litigant, as here, this Court outlines proper procedure for responding to dispositive motions so the pro se litigant will not be deprived of a fair opportunity to present his case. See Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir.1975). Here, Petitioner filed this action pursuant to 28 U.S.C. 2241, seeking to have the results of a disciplinary hearing expunged based on a lack of due process. The Court finds this is not the type of case that presents factors that clearly reflect a need for appointed counsel, and Petitioner has demonstrated he can adequately present his claims. TEXT ORDER denying #12 motion for leave to proceed in forma pauperis. The Court has already granted Petitioners previous motion to proceed in forma pauperis. [See Doc. 7.] Signed by Magistrate Judge Jacquelyn D Austin on 08/12/20. (rweb, ) [Transferred from South Carolina on 5/14/2021.]
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| Filing 12 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Robert Chucku White. Response to Motion due by 8/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Inmate Inquiry Statement, #2 Certificate of Service, #3 Envelope) No proposed order. Motions referred to Jacquelyn D Austin. (rweb, ) [Transferred from South Carolina on 5/14/2021.] |
| Filing 11 MOTION to Appoint Counsel by Robert Chucku White. Response to Motion due by 8/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Certificate of Service, #2 Envelope) No proposed order. Motions referred to Jacquelyn D Austin. (rweb, ) [Transferred from South Carolina on 5/14/2021.] |
| Filing 10 CERTIFIED MAIL RECEIPT re 6 Document Mailed, served on Attorney General for the US, DOJ (7015 3430 0000 7276 5837) on 07/20/2020. (rweb, ) [Transferred from South Carolina on 5/14/2021.] |
| Filing 9 ***DOCUMENT MAILED 7 Order on Motion for Leave to Proceed in forma pauperis, placed in U.S. Mail from Greenville Clerks Office to Robert Chucku White, #20225-424, FCI - EDGEFIELD, Inmate Mail/Parcels, P.O. BOX 725, EDGEFIELD, SC 29824. (kmca)[Transferred from South Carolina on 5/14/2021.] |
| Filing 7 TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #5 Order. Entered at the direction of Magistrate Judge Jacquelyn D Austin on 7/14/20.(kmca) Modified on 7/14/2020: to correct document number (kmca). [Transferred from South Carolina on 5/14/2021.] |
| Filing 6 ***DOCUMENT MAILED #5 Order 2241 Federal Habeas, placed in U.S. Mail from Greenville Clerks Office to Robert Chucku White 20225-424 FCI - Edgefield Inmate Mail/Parcels P.O. Box 725 Edgefield, SC 29824. Mail by certified mail number 70153430000072765837 to the US Attorney General (kric, ) [Transferred from South Carolina on 5/14/2021.] |
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Filing 5
ORDER authorizing service of process by clerk. Apprising the respondent of deadline for filing dispositive motions and directing petitioner to notify the clerk in writing of any change of address. Petitioners motion to proceed in forma pauperis is granted. Signed by Magistrate Judge Jacquelyn D Austin on 7/14/2020. (Attachments: #1 Petition)(kric, ) [Transferred from South Carolina on 5/14/2021.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Robert Chucku White. Response to Motion due by 7/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)Motions referred to Jacquelyn D Austin.(abuc) [Transferred from South Carolina on 5/14/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Robert Chucku White. (Attachments: #1 Cover Letter, #2 Supporting Documents - Central Office Administrative Remedy Appeal, #3 Supporting Documents - Letter dated 4/9/2018, #4 Supporting Documents - Inmate Inquiry, #5 Supporting Documents - Discipline Hearing Officer Report, #6 Envelope)(abuc) [Transferred from South Carolina on 5/14/2021.] |
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| Respondent: S W Phelps | |
| Represented By: | Marshall Prince |
| Represented By: | Assistant 2241-194 US Attorney LA-CV |
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