Clifford C. Loyer v. Robert Luna
| Clifford C. Loyer |
| Sheriff Robert Luna |
| 2:2023cv02750 |
| April 7, 2023 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| Fred W Slaughter |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 11 JUDGMENT by Judge Fred W. Slaughter. IT IS HEREBY ORDERED AND ADJUDGED that this action is dismissed without prejudice for the reasons set forth in the related Memorandum and Order Regarding Summary Dismissal of Petition for Writ of Habeas Corpus and Denial of Certificate of Appealability. (MD JS-6, Case Terminated). (dml) |
Filing 10
MEMORANDUM AND ORDER RE SUMMARY DISMISSAL OF HABEAS CORPUS PETITION AND DENIAL OF CERTIFICATE OF APPEALABILITY by Judge Fred W. Slaughter, re REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support #9 , Petition for Writ of Habeas Corpus (2254), #1 . Under Younger, the Court must abstain from deciding the Petition. Based on the foregoing, IT IS ORDERED THAT: 1. The Petition is DISMISSED without prejudice; and 2. A Certificate of Appealability is DENIED. Footnote: In light of the court's ruling dismissing the Petition without prejudice, the court declines to address Petitioner's Request to Proceed without Prepayment of Filing Fees with Declaration in Support (Dkt. 9). See Order for details. (dml)
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| Filing 9 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Petitioner Clifford C. Loyer. (dml) |
| Filing 8 REPLY filed by Petitioner Clifford C. Loyer to Order to Show Cause #7 (dml) |
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Filing 7
ORDER TO SHOW CAUSE by Magistrate Judge Rozella A. Oliver. Petitioner is ordered by no later than May 29, 2023, to show cause in writing why the Petition should not be dismissed based on the above-discussed deficiencies. The Clerk is directed to provide Petitioner with the current Central District habeas petition form, as well as the in forma pauperis forms if Petitioner chooses to file an amended petition. If Petitioner elects not to proceed with this action, then he may sign and return the attached Notice of Dismissal which the Clerk is also directed to provide to him. SEE ORDER FOR COMPLETE DETAILS. (Attachments: #1 Petition Form, #2 IFP Form, #3 Dismissal Form) (dml)
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| Filing 6 Mail Returned addressed to Clifford C. Loyer re Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111) #4 (hr) |
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Filing 5
MINUTE (IN CHAMBERS) ORDER DENYING Request for "Emergency Relief" by Judge Fred W. Slaughter: Before the court is Plaintiff Clifford C. Loyer's Complaint (Dkt. #1 ), titled as an "emergency" filing. For several reasons, the court DENIES Plaintiff's request for "emergency relief." See document for further information. (jp)
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| Filing 4 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 (car) |
| Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Fred W. Slaughter and referred to Magistrate Judge Rozella A. Oliver, 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. (car) |
| Filing 2 INFORMATION Notice filed by Petitioner Clifford C. Loyer. (car) |
| Filing 1 PETITION for Writ of Habeas Corpus (Emergency) by a Person In State Custody (28:2254) Case assigned to Judge Fred W. Slaughter and referred to Magistrate Judge Rozella A. Oliver.(Filing fee $ 5. Due), filed by Petitioner Clifford C. Loyer. (car) |
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