Gino Cervantes v. Shawn Moore
Petitioner: Gino Cervantes
Respondent: Shawn Moore
Case Number: 2:2023cv00938
Filed: February 6, 2023
Court: US District Court for the Central District of California
Presiding Judge: Charles F Eick
Referring Judge: James V Selna
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2023 Filing 15 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick granting #14 APPLICATION for Extension of Time to File. The time within which Petitioner may file a response to Respondent's Motion to Dismiss, etc. and a reply in support of Petitioner's Motions for Stay and Abeyance is extended to April 21, 2023. All other provisions of the Minute Order, filed February 23, 2023, remain in force. (vmun)
March 20, 2023 Filing 14 APPLICATION for Extension of Time to File Response to Respondent's Motion filed by Petitioner Gino Cervantes. (vmun)
February 23, 2023 Opinion or Order Filing 13 MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick re NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus. #11 Within 28 days of the date of this Order, Petitioner may file a response to Respondent's Motion and a reply in support of Petitioner's Motions for Stay and Abeyance ("Petitioner's Motion"), filed February 6, 2023. At that time, the Court will take Respondent's Motion and Petitioner's Motion under submission without oral argument, unless the Court otherwise orders. (vmun)
February 22, 2023 Filing 12 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities #11 (Attachments: #1 Lodged Doc. 1, #2 Lodged Doc. 2, #3 Lodged Doc. 3, #4 Lodged Doc. 4, #5 Lodged Doc. 5, #6 Lodged Doc. 6, #7 Lodged Doc. 7, #8 Lodged Doc. 8, #9 Lodged Doc. 9)(Tetef, Herbert)
February 22, 2023 Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities filed by Respondent Shawn Moore. (Tetef, Herbert)
February 22, 2023 Filing 10 RESPONSE TO MOTION FOR STAY AND ABEYANCE re NOTICE OF MOTION AND MOTION to hold case in abeyance #4 filed by Respondent Shawn Moore. (Tetef, Herbert)
February 14, 2023 Filing 9 NOTICE OF APPEARANCE of California Attorney General Office Herbert S. Tetef on behalf of Respondent Shawn Moore. (Attorney Herbert S Tetef added to party Shawn Moore(pty:res))(Tetef, Herbert)
February 13, 2023 Opinion or Order Filing 8 ORDER ON REQUEST TO PROCEED IN FORMA PAUPERIS (HABEAS) by Judge James V. Selna: Granting #3 REQUEST for Leave to Proceed in Forma Pauperis. (es)
February 10, 2023 Opinion or Order Filing 7 ORDER by Magistrate Judge Charles F. Eick. IT IS ORDERED that Petitioner shall serve upon Respondent or, if appearance has been entered by counsel, upon Respondents attorneys, a copy of every future pleading or other document submitted for consideration by the Court. (vmun)
February 10, 2023 Opinion or Order Filing 6 ORDER REQUIRING ANSWER TO PETITION AND RESPONSE TO MOTION FOR STAY AND ABEYANCE by Magistrate Judge Charles F. Eick. IT IS HEREBY ORDERED that Respondent file an Answer to the Petition and a Response to the Motion within 23 days of the date of this Order. All lodged documents must be numbered sequentially. Each lodged document must be stapled or otherwise securely fastened, and must bear the lodgment number and case number on the first page of the document. IT IS FURTHER ORDERED that, if Petitioner desires to file a Reply or Replies, Petitioner shall do so within 15 days of the date that the Answer or the Response is filed. IT IS FURTHER ORDERED that Respondent shall give timely notice of any court proceeding to any person who is a crime victim within the meaning of 18 U.S.C. section 3771. Answer to the Petition due not later than 3/6/2023. (Attachments: #1 Petition, #2 Motion to Stay, #3 Exhibits to Motion to Stay, #4 Election re Consent, #5 Notice of Reference) (vmun)
February 10, 2023 Filing 5 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge James V. Selna and referred to Magistrate Judge Charles F. Eick, 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. (sh)
February 6, 2023 Filing 4 Motions for STAY AND ABEYANCE: Points and Authorities filed by Petitioner Gino Cervantes. (Attachments: #1 Part 2) (sh)
February 6, 2023 Filing 3 DECLARATION IN SUPPORT OF REQUEST TO PROCEED In Forma Pauperis filed by Petitioner Gino Cervantes. (sh)
February 6, 2023 Filing 2 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Gino Cervantes. The Petitioner does not consent. (sh)
February 6, 2023 Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge James V. Selna and referred to Magistrate Judge Charles F. Eick., filed by Petitioner Gino Cervantes. (sh)

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Petitioner: Gino Cervantes
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Respondent: Shawn Moore
Represented By: Herbert S Tetef
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