Mario Cummings v. CDCR Director
| Mario Cummings |
| CDCR Director |
| 2:2022cv00023 |
| December 30, 2021 |
| U.S. District Court for the Central District of California |
| Percy Anderson |
| Alexander F MacKinnon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
|---|
| Filing 7 REPORT AND RECOMMENDATION issued by Magistrate Judge Alexander F. MacKinnon. For the foregoing reasons, it is recommended that the District Judge issue an Order: (1) accepting and adopting this Report and Recommendation; (2) granting Respondent's motion to dismiss; and (3) directing that Judgment be entered dismissing Petitioner's claims challenging his underlying conviction and sentence without prejudice for lack of jurisdiction and dismissing with prejudice Petitioner's claims of sentencing error based upon amendments to California law. Re Petition for Writ of Habeas Corpus (2254) #1 . (es) |
| Filing 6 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alexander F. MacKinnon. Objections to R&R due by 3/10/2022. (es) |
| Filing 5 AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Respondent CDCR Director amending Petition for Writ of Habeas Corpus (2254) #1 , filed by petitioner Mario Cummings(es) |
Filing 4
ORDER DISMISSING PETITION WITH LEAVE TO AMEND by Magistrate Judge Alexander F. MacKinnon, For the foregoing reasons, the petition is dismissed with leave to amend. If Petitioner still desires to pursue this action, he is ORDERED to file a First Amended Petition on the standard form within thirty (30) days of the date of this Order. re Petition for Writ of Habeas Corpus (2254) #1 [See document for further details.] (Attachments: #1 Attachment.1 CV-69) (es)
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| Filing 3 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 Alexander F. MacKinnon, 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/CV69) (jtil) |
| Filing 2 CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Mario Cummings. (jtil) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254), filed by Petitioner Mario Cummings. Case assigned to Judge Percy Anderson and referred to Magistrate Judge Alexander F. MacKinnon. (jtil) Modified on 1/6/2022 (jtil). |
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| Petitioner: Mario Cummings | |
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| Respondent: CDCR Director | |
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