Theodore Shove v. State of California et al
| Theodore Shove |
| State of California and U.S. District Court Central District of California |
| 2:2023cv01227 |
| February 17, 2023 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
Docket Report
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Filing 15
IN CHAMBERS MINUTE ORDER (No Proceedings Held) by Judge Maame Ewusi-Mensah Frimpong. This Court, as well as the Court of Appeals, has explained to Mr. Shove on a number of occasions that his attempts at obtaining federal habeas relief at this juncture are either premature because he has failed to exhaust his state remedies--or otherwise based on non-cognizable claims. Accordingly, this Court has repeatedly dismissed Mr. Shove's prior petitions on grounds firmly rooted in established federal law, and the Court of Appeals has repeatedly affirmed those dismissals. The present petition, like all of Mr. Shove's prior filings, shares the same defects as the prior petitions, and must therefore also be dismissed. For the foregoing reasons, as well as the reasons stated in this Court's prior orders, this matter is hereby DISMISSED. All pending motions are DENIED as moot. The Court, on its own motion, deems Mr. Shove to have requested a certificate of appealability. The Court DENIES that request for both the lack of a substantial showing of the violation of a constitutional right and because this matter has been prematurely filed thereby barring this Court's consideration of its merits. No motions for reconsideration, rehearing, or clarification, or any other submissions regarding this order shall be filed or entertained. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (yl)
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| Filing 12 NOTICE OF JUDGE ASSIGNMENT and Commencement of Capital Habeas Corpus Case. This capital habeas case was initiated on 02/17/2023 and has been assigned to Judge Maame Ewusi-Mensah Frimpong for all further proceedings. (sh) (Additional attachment(s) added on 2/22/2023: #1 Letter Re Habeas Corpus Transfer In) (sh). |
| Filing 14 MOTION FOR INJUNCTION AND TEMPORARY RESTRAINING ORDER, And Immediate Telephonic Hearing on Cases at Bar for Criminal Referral filed by Petitioner Theodore Shove. (yl) |
| Filing 13 PROOF OF SERVICE filed by Petitioner Theodore Shove. On 2/16/23 the Certified Service Upon Named Respondents In Writ of - Mandamus Before The U.S. Supreme Court. (yl) |
| Filing 11 ORIGINAL file, certified copy of transfer order and docket sheet received from California Northern |
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Filing 10
ORDER OF TRANSFER. Signed by Judge Charles R. Breyer on 2/9/2023. (ls, COURT STAFF) (Filed on 2/9/2023)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) [Transferred from California Northern on 2/21/2023.]
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| Filing 9 CLERK'S NOTICE re completion of In Forma Pauperis affidavit or payment of filing fee due within 28 days. IFP Form due by 3/17/2023. (anj, COURT STAFF) (Filed on 2/7/2023)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) [Transferred from California Northern on 2/21/2023.] |
| Filing 8 Case transferred in from District of District of Columbia; Case Number 1:23-cv-00067. Original file certified copy of transfer order and docket sheet received. [Transferred from California Northern on 2/21/2023.] |
| Remark- Mailed Clerks Notice to Plaintiff. (anj, COURT STAFF) (Filed on 2/7/2023) [Transferred from California Northern on 2/21/2023.] |
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Filing 7
ORDER TRANSFERRING FORTHWITH PRO SE CASE to the USDC for the Northern District of California. Pro Se party has been notified by first class mail. Transfer due by 2/20/2023. Signed by Judge Christopher R. Cooper on 01/31/2023. (zljn) [Transferred from California Northern on 2/21/2023.]
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| Filing 6 MOTION for Protective Order, and MOTION for Summary Judgment by THEODORE SHOVE. (zljn) (Additional attachment(s) added on 2/1/2023: #1 Exhibit) (zljn). [Transferred from California Northern on 2/21/2023.] |
| Filing 5 MOTION to Appoint Counsel by THEODORE SHOVE. (Attachments: #1 Declaration)(zljn) [Transferred from California Northern on 2/21/2023.] |
| Filing 4 MOTION to Amend/Correct #1 Petition for Writ of Habeas Corpus by THEODORE SHOVE. (Attachments: #1 Amended Habeas Corpus, #2 Exhibit)(zljn) [Transferred from California Northern on 2/21/2023.] |
| Filing 3 MOTION to demand issuance of this Habeas Corpus Ad Subjuciendum within 72 hours and complete health care to correct abuses, attacks created by the Respondents. by THEODORE SHOVE. (Attachments: #1 Exhibit, #2 Declaration)(zljn) [Transferred from California Northern on 2/21/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by THEODORE SHOVE. (zljn) [Transferred from California Northern on 2/21/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by THEODORE SHOVE. (Attachments: #1 Exhibit)(zljn) [Transferred from California Northern on 2/21/2023.] |
| Initiating Pleading & IFP Application Received on 1/06/2023. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zljn) [Transferred from California Northern on 2/21/2023.] |
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