Jinwoo Park v. Phillips
| Jinwoo Park |
| Phillips |
| 2:2023cv02572 |
| April 5, 2023 |
| US District Court for the Central District of California |
| Valerie Baker Fairbank |
| Margo A Rocconi |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 MOTION for Summary Judgment filed by Petitioner Jinwoo Park. (es) |
| Filing 20 MOTION for Discovery for Attorney General filed by Petitioner Jinwoo Park. (es) |
| Filing 19 OPPOSITION to Respondent's NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities #14 filed by Petitioner Jinwoo Park. (es) |
Filing 18
MINUTES (In Chambers) ORDER RE: APPLICATION FOR EXTENSION OF TIME TO FILE OPPOSITION TO MOTION TO DISMISS DKT. 17 by Magistrate Judge Margo A. Rocconi: The Application for Extension of Time to File Opposition to the Motion to Dismiss by Plaintiff is GRANTED. Petitioner's opposition, or notice of non-opposition, to the Motion to Dismiss must be served and filed by October 18, 2023. Respondent may file a reply to Petitioner's opposition to a Motion to Dismiss within fourteen (14) days of the date the opposition is filed. Granting #17 APPLICATION for Extension of Time to File. (es)
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| Filing 17 APPLICATION for Extension of Time to File Opposition to Motion to Dismiss; Declaration of Jinwoo Park filed by Plaintiff Jinwoo Park. (Attachments: #1 Proposed Order) (es) |
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Filing 16
MINUTE ORDER (In Chambers) ORDER RE: MOTION TO DISMISS BRIEFING SCHEDULE by Magistrate Judge Margo A. Rocconi: re: NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities #14 . The Court ORDERS as follows: Petitioner's opposition, or notice of non-opposition, to the Motion to Dismiss must be served and filed by September 8, 2023. Respondent may file a reply to Petitioner's opposition to a Motion to Dismiss within fourteen (14) days of the date the opposition is filed. Unless otherwise ordered, the Motion will be taken under submission, without oral argument, when briefing is complete, and the parties will be notified by mail or email of all further proceedings. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es)
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| Filing 15 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities #14 (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, part 1, #9 Lodged Doc. 8, part 2, #10 Lodged Doc. 9, #11 Lodged Doc. 10, #12 Lodged Doc. 11, Vol. I, #13 Lodged Doc. 11, Vol. II, #14 Lodged Doc. 12)(Tetef, Herbert) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities filed by Respondent Phillips. (Tetef, Herbert) |
| Filing 13 NOTICE OF APPEARANCE of California Attorney General Office Herbert S. Tetef on behalf of Respondent Phillips. (Attorney Herbert S Tetef added to party Phillips(pty:res))(Tetef, Herbert) |
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Filing 12
MINUTES (In Chambers) ORDER REQUIRING RESPONSE TO PETITION by Magistrate Judge Margo A. Rocconi: On April 19, 2023 this Court issued an Order to Show Cause ("OSC") Why the Petition Should Not Be Summarily Dismissed as Untimely. Dkt. #5 . On June 1, 2023, Petitioner filed a Response to the OSC, arguing that he is entitled to a later trigger date of the statute of limitations and that he is entitled to tolling. Dkt. #10 . On June 21, 2023, Petitioner filed a Request for Appointment of Counsel. Dkt. 11. Petitioner's Request for Counsel, Dkt. #11 is DENIED, without prejudice to refiling. Respondent shall e-file and serve a notice of appearance that designates the Deputy Attorney General(s) in charge of the case within fourteen (14) days of the service date of this Order. Respondent shall file a Motion to Dismiss within thirty (30) days of the date of this Order. Respondent shall file and serve an Answer to the Petition within forty-five (45) days of the date of this Order. [SEE DOCUMENT FOR FURTHER INFORMATION.] (Attachments: #1 Attachment 1 of 4, #2 Attachment 2 of 4, #3 Attachment 3 of 4) (es)
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| Filing 11 REQUEST for Appointment of Counsel filed by Petitioner Jinwoo Park. (es) |
| Filing 10 RESPONSE filed by Petitioner Jinwoo Park to Order to Show Cause, #5 (es) |
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Filing 9
ORDER GRANTING PLAINTIFF'S APPLICATION FOR EXTENSION OF TIME TO FILE A REPLY TO ORDER TO SHOW CAUSE by Magistrate Judge Margo A. Rocconi: granting #8 APPLICATION for Extension of Time to File. Plaintiff deadline to reply to Court Order to Amend Complaint is extended forty days, from 5/12/2023, up to and including 6/21/2023. (et)
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| Filing 8 APPLICATION for Extension of Time to File Reply to Order to Show Cause; Declaration filed by Plaintiff Jinwoo Park. (es) |
| Filing 6 Letter from Jinwoo Park Inquiring on Filing (es) |
| Filing 7 Letter from Petitioner Jinwoo Park (es) |
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Filing 5
MINUTES ORDER (In Chambers) ORDER TO SHOW CAUSE: WHY PETITION SHOULD NOT BE SUMMARILY DISMISSED AS UNTIMELY by Magistrate Judge Margo A. Rocconi: The Court will not make a final determination regarding whether the Petition should be dismissed as untimely before giving Petitioner an opportunity to explain why the Petition is timely or why he is entitled to tolling. Thus, the Court ORDERS Petitioner to show cause within twenty-one (21) days of this Order, by May 11, 2023, why the Petition should not be dismissed as untimely. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es)
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| Filing 4 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Valerie Baker Fairbank and referred to Magistrate Judge Margo A. Rocconi, 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. (ghap) |
| 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 (2254), #1 . (ghap) |
| Filing 3 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Jinwoo Park. The Petitioner does not consent. (ghap) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Valerie Baker Fairbank and referred to Magistrate Judge Margo A. Rocconi.(Filing fee $ 5: FEE DUE.), filed by petitioner Jinwoo Park. (Attachments: #1 Part 1 of 2254, #2 Part 2 of 2254, #3 Part 3 of 2254) (ghap) |
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| Petitioner: Jinwoo Park | |
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| Respondent: Phillips | |
| Represented By: | Herbert S Tetef |
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