Marcus Garbutt v. B. Kiebler
| Marcus Garbutt |
| B. Kiebler |
| 2:2021cv08477 |
| October 26, 2021 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Alka Sagar |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
|---|
| Filing 11 EX PARTE APPLICATION for Enlargement of Time to File Motion to Dismiss the Petition for Writ of Habeas Corpus/Answer to the Petition ; Declaration of Susan S. Kim filed by Respondent B. Kiebler. (Attachments: #1 Proposed Order) (Kim, Susan) |
Filing 10
ORDER by Magistrate Judge Alka Sagar: granting #9 APPLICATION for Extension of Time to File. IT IS HEREBY ORDERED that Respondent is granted to and including December 29, 2021, in which to file and serve a Motion to Dismiss the Petition for Writ of Habeas Corpus, and to and including January 28, 2022, in which to file and serve an Answer to the Petition. IT IS FURTHER ORDERED that the Court's Order of October 28, 2021, shall otherwise remain in effect. (dml)
|
| Filing 9 APPLICATION for Extension of Time to File RESPONDENTS APPLICATION FOR ENLARGEMENT OF TIME; DECLARATION OF SUSAN S. KIM filed by Respondent B. Kiebler. (Attachments: #1 Proposed Order) (Kim, Susan) |
| Filing 8 NOTICE OF APPEARANCE of California Attorney General Office Susan S. Kim on behalf of Respondent B. Kiebler. (Attorney Susan S Kim added to party B. Kiebler(pty:res))(Kim, Susan) |
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Filing 7
ORDER REQUIRING RESPONSE TO PETITION (28 U.S.C. 2254) by Magistrate Judge Alka Sagar. IT IS ORDERED that: Before November 12, 2021, 2021, Respondent shall file and serve a Notice of Appearance. If Respondent contends that the Petition can be decided without the Court's reaching the merits of Petitioner's claims, Respondent shall file a Motion to Dismiss on or before November 29, 2021. If Respondent does not contend that the Petition can be decided without the Court reaching the merits of Petitioner's claims, Respondent shall file and serve an Answer to the Petition on or before December 29, 2021. (see document for further 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 California Attorney Generals Office, this Notice constitutes service under Fed. R. Civ. P. 4. (Attachments: #1 Copy of Petition, #2 Copy of Memorandum, #3 Copy of Petitioner's Consent, #4 Blank Consent Form) (hr)
|
| Filing 6 MINUTES (IN CHAMBERS) MOTION TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Alka Sagar: denying #4 REQUEST for Leave to Proceed without Prepayment of Filing Fee. Petitioner's motion is DENIED WITHOUT PREJUDICE because because he did not submit a complete Certificate of Funds in Prisoner's Account signed by an authorized officer at the prison. Petitioner may resubmit his request within 30 days of the date of this order on the approved IFP form along with a copy of his Certified Trust Fund Statement for the past six (6) months which MUST be signed by an Authorized Officer. The approved IFP form is attached to this order. (hr) |
| Filing 5 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Dale S. Fischer and referred to Magistrate Judge Alka Sagar, 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. (esa) |
| Filing 4 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by petitioner Marcus Garbutt. (esa) |
| Filing 3 MEMORANDUM filed by petitioner Marcus Garbutt. (esa) |
| Filing 2 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by petitioner Marcus Garbutt. The petitioner does not consent. (esa) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Dale S. Fischer and referred to Magistrate Judge Alka Sagar, (Filing fee $ 5 due), filed by petitioner Marcus Garbutt. (esa) |
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| Petitioner: Marcus Garbutt | |
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| Respondent: B. Kiebler | |
| Represented By: | Susan S Kim |
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