Robert Scully v. Brian Birkholz et al
Petitioner: Robert Scully
Respondent: Brian Birkholz and Colette Peters
Case Number: 2:2023cv08175
Filed: September 28, 2023
Court: US District Court for the Central District of California
Presiding Judge: Consuelo B Marshall
Referring Judge: Michael R Wilner
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 November 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2023 Opinion or Order Filing 13 ORDER RE: RESPONSE TO COMPLAINT by Magistrate Judge Michael R. Wilner. Following the district judge's denial of Mr. Scully's TRO requests (Docket # 9, 12), the matter has been referred to Magistrate Judge Wilner for further pretrial proceedings. (Docket # 3.) The government is directed to respond to the original complaint / petition by motion or answer. The government's response will be due by December 8. (see document for further details) (hr)
November 8, 2023 Opinion or Order Filing 12 IN CHAMBERS ORDER RE: PLAINTIFF'S RESPONSE TO DEFENDANTS' RESPONSE TO THE REQUEST FOR A TEMPORARY RESTRAINING ORDER (DKT, 10) by Judge Consuelo B. Marshall: The Court DENIES this Request for a TRO and the Courts previous orderremains in full force and effect. IT IS SO ORDERED. (shb)
November 1, 2023 Filing 11 FINANCIAL ENTRY: Received $5.00 from Robert Scully. Re: Petition for Writ of Habeas Corpus (2241), #1 . Receipt number 9428. (fa)
October 27, 2023 Filing 10 PLAINTIFF'S RESPONSE TO DEFENDANTS RESPONSE FOR TEMPORARY RESTRAINING ORDER filed by Petitioner Robert Scully (Attachments: #1 Proposed Order 1, #2 Proposed Order 2)(rolm)
October 20, 2023 Opinion or Order Filing 9 MINUTE ORDER IN CHAMBERS - ORDER RE: PLAINTIFF'S REQUEST FOR ATEMPORARY RESTRAINING ORDER (DKT. 1.) by Judge Consuelo B. Marshall. Accordingly, Plaintiff's request for a TRO is DENIED without prejudice. The case will remain with the Magistrate Judge for further analysis pursuant to General Order No. 05-07. (lom)
October 11, 2023 Filing 8 PROOF OF SERVICE filed by Respondents Brian Birkholz, Colette Peters, re Response, #5 EXHIBITS A & B TO THE DECLARATION OF JASON S. CHRISTOPHER served on October 11, 2023. (Chun, Yujin)
October 10, 2023 Filing 7 First NOTICE of Appearance filed by attorney Yujin Chun on behalf of Respondents Brian Birkholz, Colette Peters (Attorney Yujin Chun added to party Brian Birkholz(pty:res), Attorney Yujin Chun added to party Colette Peters(pty:res))(Chun, Yujin)
October 10, 2023 Filing 6 PROOF OF SERVICE filed by Respondents Brian Birkholz, Colette Peters, re Response, #5 served on October 10, 2023. (Chun, Yujin)
October 10, 2023 Filing 5 RESPONSE filed by Respondents Brian Birkholz, Colette Petersto Minutes of In Chambers Order/Directive - no proceeding held,,, Order Extending Answer Due Deadline,, #4 FEDERAL DEFENDANTS RESPONSE AND OPPOSITION TO PLAINTIFFS REQUEST FOR A TEMPORARY RESTRAINING ORDER (Attachments: #1 Declaration of Jason S. Christopher, #2 Exhibit A to Christopher Declaration, #3 Exhibit B to Christopher Declaration)(Chun, Yujin)
October 5, 2023 Opinion or Order Filing 4 IN CHAMBERS - ORDER RE: PLAINTIFF'S TEMPORARY RESTRAINING ORDER by Judge Consuelo B. Marshall: The matter before the Court is Plaintiff's Temporary Restraining Order seeking (1) medical care and medicine previously prescribed including a bland diet and (2) an order precluding any medical procedures without his consent. the Court hereby orders counsel for Defendants to respond to the allegations in the Complaint no later than Tuesday, October 10, 2023 so the Court may assess the merits of the TRO. IT IS SO ORDERED. (shb)
September 29, 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 Consuelo B. Marshall and referred to Magistrate Judge Michael R. Wilner, 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)
September 29, 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)
September 28, 2023 Filing 1 [PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241)] Filed As Complaint. Case assigned to Judge Consuelo B. Marshall and referred to Magistrate Judge Michael R. Wilner.(Filing fee $ 5 DUE), filed by Petitioner Robert Scully. (car)

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Petitioner: Robert Scully
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Respondent: Brian Birkholz
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Yujin Chun
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Respondent: Colette Peters
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Yujin Chun
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