Miguel Antonio Garcia v. Felipe Martinez
Petitioner: Miguel Antonio Garcia
Respondent: Felipe Martinez
Case Number: 2:2021cv06668
Filed: August 17, 2021
Court: US District Court for the Central District of California
Presiding Judge: Maria A Audero
Referring Judge: George H Wu
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2021 Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus under 28 U.S.C. s 2241 filed by Respondent Felipe Martinez. (Attachments: #1 Exhibit Proof of Service) (Behl, Varun)
September 21, 2021 Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Varun Behl counsel for Respondent Felipe Martinez. Adding Varun Behl as counsel of record for Felipe Martinez for the reason indicated in the G-123 Notice. Filed by Respondent Felipe Martinez. (Attorney Varun Behl added to party Felipe Martinez(pty:res))(Behl, Varun)
September 7, 2021 Opinion or Order Filing 7 MINUTES (IN CHAMBERS) Order Denying Petitioner's Petition for Appointment of Counsel (ECF No. #2 ) by Magistrate Judge Maria A. Audero: On August 17, 2021, the Court received and filed Petitioner Miguel Antonio Garcia's ("Petitioner") Petition for Appointment of Counsel ("Motion"). (Mot., ECF No. #2 .) In his Motion, Petitioner states that he seeks appointment of counsel "in the interest of justice" to help with the "complex issues" presented in his case. (Id. at 1.) Accordingly, it is hereby ORDERED that Petitioner's Motion is DENIED. [See document for details.] (es)
September 7, 2021 Opinion or Order Filing 6 ORDER REQUIRING RESPONSE TO PETITION (28 U.S.C. 2241) by Magistrate Judge Maria A. Audero. Respondent 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 United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. Motions to Dismiss shall be filed by 10/7/2021. (Attachments: #1 Attach.1, #2 Attach.2) (es)
August 19, 2021 Filing 5 FINANCIAL ENTRY: Received $5.00 from Miguel Antonio Garcia. Re: Petition for Writ of Habeas Corpus (2241) #1 . Receipt number LA226873. (Lee, David)
August 18, 2021 Opinion or Order Filing 4 MINUTE ORDER IN CHAMBERS - RULING ON EMERGENCY EX PARTE PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN FEDERAL CUSTODY by Judge George H. Wu re: Petition for Writ of Habeas Corpus (2241) #1 . On August 17, 2021, Petitioner Miguel Antonio Garcia, in pro per, filed an "Emergency Ex Parte Petition for Writ of Habeas Corpus" pursuant to 28 U.S.C. 2241 ("Ex Parte Petition"). See ECF No. 1. However, in that filing, Petitioner has stated no grounds for emergency ex parte relief. See generally id. The Ex Parte Petition does not delineate any reason or fact(s) that would warrant itstreatment either as presenting an emergency situation or otherwise justifying treating it on an exparte basis. (See document for details). As such, the Court denies Petitioner's designation of his filing as an "emergency ex parte" filing, and will construe it as a normal petition for writ of habeas corpus under 28 U.S.C. 2241. (mrgo)
August 18, 2021 Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge George H. Wu 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. (Attachments: #1 CV111) (esa) (Additional attachment(s) added on 8/18/2021: #2 CV111) (esa).
August 17, 2021 Filing 2 PETITION for Appointment of Counsel filed by petitioner Miguel Antonio Garcia. (esa)
August 17, 2021 Filing 1 EMERGENCY PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge George H. Wu and referred to Magistrate Judge Maria A Audero, (Filing fee $ 5 due), filed by petitioner Miguel Antonio Garcia. (esa)

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Petitioner: Miguel Antonio Garcia
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Respondent: Felipe Martinez
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Varun Behl
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