Tony Buck v. Brian Birkholtz
Petitioner: Tony Buck
Respondent: Brian Birkholtz
Case Number: 2:2023cv03115
Filed: April 24, 2023
Court: U.S. District Court for the Central District of California
Presiding Judge: R Gary Klausner
Referring Judge: Jean P Rosenbluth
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2023 Opinion or Order Filing 7 ORDER DENYING A CERTIFICATE OF APPEALABILITY by Judge R. Gary Klausner re Petition for Writ of Habeas Corpus (2241) #1 . Here, Petitioner has not made the requisite showing that the Petition is not a disguised unauthorized successive 2255 motion or as to the merits of its claim. Accordingly, a certificate of appealability is denied. (es)
June 15, 2023 Filing 6 JUDGMENT by Judge R. Gary Klausner, Related to: Order Dismissing Case, #5 Pursuant to the Order Summarily Dismissing Habeas Petition, IT I S HEREBY ADJUDGED that this action is dismissed. (MD JS-6, Case Terminated). (es)
June 15, 2023 Opinion or Order Filing 5 ORDER SUMMARILY DISMISSING HABEAS PETITION by Judge R. Gary Klausner, re Petition for Writ of Habeas Corpus (2241) #1 . In sum, Petitioner has not shown that 2255 is inadequate or ineffective as a means of providing him relief. His 2241 Petition is nothing but a disguised 2255 motion. IT THEREFORE IS ORDERED that the Petition is dismissed and that Judgment be entered dismissing this action. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es)
May 23, 2023 Filing 4 FINANCIAL ENTRY: Received $5.00 from Tony Buck. Re: Petition for Writ of Habeas Corpus (2241) #1 . Receipt number 2813. (dl)
April 26, 2023 Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge R. Gary Klausner and referred to Magistrate Judge Jean P. Rosenbluth, 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)
April 25, 2023 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 (car)
April 24, 2023 Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge R. Gary Klausner and referred to Magistrate Judge Jean P. Rosenbluth.(Filing fee $ 5 FEE DUE), filed by Petitioner Tony Buck. (car)

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Petitioner: Tony Buck
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Respondent: Brian Birkholtz
Represented By: Assistant 2241-194 US Attorney LA-CV
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