Jose Lizarraras-Chacon v. Warden B. Birkholz
| Jose Lizarraras-Chacon |
| Warden B. Birkholz |
| 2:2023cv01865 |
| March 13, 2023 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Douglas F McCormick |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Document Text |
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| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondent B. Birkholz. (Attachments: #1 Declaration of Yolanda Sanchez, #2 Proof of Service) (Lee, Sarah) |
| Filing 9 CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Jose Lizarraras-Chacon. (et) |
| Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah Sun Lee counsel for Respondent B. Birkholz. Adding Sarah S. Lee as counsel of record for Respondent for the reason indicated in the G-123 Notice. Filed by Respondent B. Birkholz. (Attachments: #1 Proof of Service)(Attorney Sarah Sun Lee added to party B. Birkholz(pty:res))(Lee, Sarah) |
| Filing 7 FINANCIAL ENTRY: Received $5.00 from Jose Lizarraras-Chacon. Re: Petition for Writ of Habeas Corpus (2241), #1 . Receipt number LA251776. (fa) |
Filing 6
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: FAILURE TO PAY THE FILING FEE by Judge Maame Ewusi-Mensah Frimpong. On March 13, 2023, Petitioner filed an "Emergency Petition for Release Pursuant to 28 U.S.C. 2241." ECF No. 1. Upon filing, Petitioner did not pay the $5 filing fee or file an application to proceed without prepayment of the filing fee and, accordingly, the Clerk's Office issued a notice advising Petitioner of this deficiency. ECF No. 2. The Clerk's Notice warned Petitioner that failure to either pay the filing fee or file a request to proceed without prepayment within thirty (30) days may result in this action being dismissed. ECF No. 2 at 1. Accordingly, Petitioner is hereby ORDERED TO SHOW CAUSE why this action should not be dismissed for Petitioners failure to pay the filing fee or file a request to proceed without prepayment. Within thirty (30) days of the date of this Order, Petitioner must pay the $5 filing fee or file a request to proceed without prepayment. If Petitioner chooses to file a request to proceed without prepayment of the filing fee, he may do so using the form provided with the Clerk's Notice. Failure to comply with this Order will result in this action being dismissed without prejudice. See FED. R. CIV. P. 41(b). (yl)
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| Filing 5 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong as to Pursuant to General Order 05-07, this Court hereby refers the Emergency Petition for Writ of Habeas Corpus [ECF No. #1 ] for review and consideration to Magistrate Judge Douglas F. McCormick. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
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Filing 4
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Douglas F. McCormick. 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 United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (Attachments: #1 Petition, #2 Blank Consent) (nbo)
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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 Maame Ewusi-Mensah Frimpong and referred to Magistrate Judge Douglas F. McCormick, 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. (lh) |
| Filing 2 Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111). Upon submission of your petition for writ of habeas corpus, it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the Request to Proceed Without Prepayment of Filing Fees with Declaration in Support form (CV-60P) attached. You may return your fee waiver and/or payment to any of the Courthouses listed on this notice. If you do not respond within THIRTY DAYS from the date below, your action may be dismissed. Re: Petition for Writ of Habeas Corpus (2241), #1 (Attachments: #1 CV-60P)(lh) |
| Filing 1 EMERGENCY PETITION FOR RELEASE PURSUANT TO 28 U.S.C. 2241 by a Person In Federal Custody (28:2241). Case assigned to Judge Maame Ewusi-Mensah Frimpong and referred to Magistrate Judge Douglas F. McCormick. (Filing Fee $5 DUE), filed by Petitioner Jose Lizarraras-Chacon. (lh) |
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| Petitioner: Jose Lizarraras-Chacon | |
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| Respondent: Warden B. Birkholz | |
| Represented By: | Assistant 2241-194 US Attorney LA-CV |
| Represented By: | Sarah Sun Lee |
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