James Michael Fayed v. Warden SQSP
| James M. Fayed |
| Warden SQSP |
| 2:2022cv05120 |
| July 25, 2022 |
| US District Court for the Central District of California |
| Sherilyn Peace Garnett |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. § 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
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Filing 24
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #20 filed by James M. Fayed. CCA # 22-99010. The request for a certificate of appealability is denied. (iv)
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| Filing 23 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-99010 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #20 as to Petitioner James M. Fayed. (iv) |
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Filing 22
ORDER by Judge Sherilyn Peace Garnett: the documents listed below were improperly filed for the following reasons: The case is closed; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Supplemental Declaration #19 . (iv)
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| Filing 21 Motion for Permission to Proceed In Forma Pauper, Pro Se, re: Notice of Appeal to 9th Circuit Court of Appeals, #20 by petitioner James M. Fayed. [Notice of the filing is sent to the 9th Circuit Court of Appeals.] (mat) |
| Filing 20 NOTICE OF APPEAL to the 9th CCA filed by petitioner James M. Fayed. Appeal of Order, Terminated Case, #18 Filed On: 8/11/22; Entered On: 8/11/22; Certificate of Appealability has been ruled on 8/11/22, see item 18. (Attachments: #1 Motion for Appointment of Counsel) (mat) |
| Filing 19 **STRICKEN** SUPPLEMENTAL DECLARATION filed by Petitioner James M. Fayed. (iv) Modified on 9/2/2022 Per Order #22 (iv). |
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Filing 18
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS by Judge Sherilyn Peace Garnett. Petitioner has presented an unexhausted petition to this Court, both because his claims have not been fairly presented to the state's highest court, and because he still has state habeas corpus proceedings pending. See 28 U.S.C. 2254(b)(1)(A), (c); Baldwin, 541 U.S. at 29; Schnepp, 333 F.2d at 288. Accordingly, the Petition for Writ of Habeas Corpus is DISMISSED without prejudice to Petitioner reasserting these claims after the exhaustion requirements set forth in federal statute and controlling case law have been met. The Court sua sponte deems Petitioner to have requested a Certificate of Appealability pursuant to 28 U.S.C. 2253, and that request is DENIED. The Court concludes that no jurist of reason could disagree with this Court's evaluation of Petitioners claims or would conclude the issues presented in the Petition should proceed further. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). (Made JS-6. Case Terminated.) (lom)
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| Filing 17 NOTICE OF JUDGE ASSIGNMENT and Commencement of Capital Habeas Corpus Case. This capital habeas case was initiated on 7/25/2022 and has been assigned to Judge Sherilyn Peace Garnett for all further proceedings. (lh) |
| Filing 16 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
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Filing 15
AMENDED ORDER OF TRANSFER. Signed by Judge Jacqueline Scott Corley on 7/18/2022. (ahm, COURT STAFF) (Filed on 7/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)Order mailed to Plaintiff on 7/19/2022. [Transferred from California Northern on 7/26/2022.]
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Filing 14
ORDER OF TRANSFER. Signed by Judge Jacqueline Scott Corley on 7/13/2022. (ahm, COURT STAFF) (Filed on 7/13/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)Order mailed to Plaintiff on July 13, 2022. [Transferred from California Northern on 7/26/2022.]
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| Filing 13 PETITION for Writ of Habeas Corpus. Filed by James M. Fayed. (Attachments: #1 Cover letter, #2 Envelope)(jml, COURT STAFF) (Filed on 7/12/2022) [Transferred from California Northern on 7/26/2022.] |
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Filing 12
ORDER by Judge Jacqueline Scott Corley granting #11 Motion for Extension of Time to Amend #1 Petition for Writ of Habeas Corpus. (ahm, COURT STAFF) (Filed on 6/23/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)Order mailed to Petitioner on June 23, 2022. [Transferred from California Northern on 7/26/2022.]
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| Filing 11 MOTION for Extension of Time to Amend Complaint (Petition for Habeas Corpus Review) #1 Petition for Writ of Habeas Corpus filed by James M. Fayed. (Attachments: #1 Envelope)(anj, COURT STAFF) (Filed on 5/31/2022) [Transferred from California Northern on 7/26/2022.] |
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Filing 10
ORDER OF DISMISSAL WITH LEAVE TO AMEND. Signed by Judge Jacqueline Scott Corley on 5/12/2022. Second Amended Petition is due by 6/15/2022. (ahm, COURT STAFF) (Filed on 5/13/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)Order mailed to Petitioner on 5/13/2022. [Transferred from California Northern on 7/26/2022.]
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| Filing 8 Letter from James M. Fayed requesting status of filing fee. (Attachments: #1 Envelope)(anj, COURT STAFF) (Filed on 5/10/2022) Modified on 5/10/2022 (anj, COURT STAFF). [Transferred from California Northern on 7/26/2022.] |
| Filing 9 MOTION to Appoint Counsel filed by James M. Fayed. (Attachments: #1 Envelope)(anj, COURT STAFF) (Filed on 5/9/2022) [Transferred from California Northern on 7/26/2022.] |
| Filing 7 Letter from James M. Fayed regarding filing fee. (Attachments: #1 Envelope)(anj, COURT STAFF) (Filed on 5/9/2022) Modified on 5/10/2022 (anj, COURT STAFF). [Transferred from California Northern on 7/26/2022.] |
| Filing 6 Receipt from James Fayed. (anj, COURT STAFF) (Filed on 5/6/2022) [Transferred from California Northern on 7/26/2022.] |
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Filing 5
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS; DIRECTING PLAINTIFF TO PAY FILING FEE. Signed by Judge Jacqueline Scott Corley on April 26, 2022. (ahm, COURT STAFF) (Filed on 4/26/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)Order mailed to Plaintiff via USPS on 4/26/2022. [Transferred from California Northern on 7/26/2022.]
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| Filing 4 Prison Trust Fund Account Statement by James M. Fayed. (jml, COURT STAFF) (Filed on 4/22/2022) [Transferred from California Northern on 7/26/2022.] |
| Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James M. Fayed. (anj, COURT STAFF) (Filed on 4/20/2022) [Transferred from California Northern on 7/26/2022.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by James M. Fayed, CDCR # AK3340.The California Department of Corrections and Rehabilitation is directed to submit within 72 hours and in PDF form a certified Prison Trust Account statement for the plaintiff, reflecting the last six months activity, to cdcrfilings@cand.uscourts.gov. (anj, COURT STAFF) (Filed on 4/20/2022) [Transferred from California Northern on 7/26/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus. Filed by James M. Fayed. (Attachments: #1 Exhibit 1 of 5, #2 Exhibit 2 of 5, #3 Exhibit 3 of 5, #4 Exhibit 4 of 5, #5 Exhibit 5 of 5, #6 Envelope)(anj, COURT STAFF) (Filed on 4/20/2022) [Transferred from California Northern on 7/26/2022.] |
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