Thomas Enrico DeFelice v. Trent Allen
| Thomas Enrico DeFelice |
| Trent Allen |
| 2:2024cv00850 |
| January 29, 2024 |
| U.S. District Court for the Central District of California |
| Stanley Blumenfeld |
| A Joel Richlin |
| 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 March 4, 2025. A more recent docket listing may be available from PACER.
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Filing 15
ORDER by Magistrate Judge A. Joel Richlin: granting #14 APPLICATION for Extension of Time to File. IT IS HEREBY ORDERED that Respondent is granted to and including May 6, 2024, in which to serve and file a Motion to Dismiss the Petition for Writ of Habeas Corpus, and to and including May 21, 2024, in which to serve and file an Answer to the Petition. The Court's Order of February 6, 2024, remains otherwise in effect. (et)
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| Filing 14 APPLICATION for Extension of Time to File APPLICATION FOR SECOND EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS; DECLARATION OF ANA R. DUARTE filed by Respondent Trent Allen. (Attachments: #1 Proposed Order) (Duarte, Ana) |
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Filing 13
ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PAY THE FILING FEE by Judge Stanley Blumenfeld, Jr.: By no later than 4/13/2024, Petitioner is ordered to either pay the filing fee or file form CV-60P requesting to proceed IFP. Failure to do so will result in the dismissal of this case without prejudice. (gk)
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Filing 12
MINUTE ORDER (IN CHAMBERS) ORDER RE SECOND RETURNED MAIL AND DIRECTING CLERK OF COURT TO RE-SEND DOCUMENT (DKT. 11) by Magistrate Judge A. Joel Richlin: On March 4, 2024, the Court received a second returned mail from Petitioner's address of record at Salinas Valley State Prison with a notation "RETURN TO SENDER. UNABLE TO FORWARD." (Dkt. #11 .) From what the Court can decipher, it does not appear that Petitioner's CDC number was included on the mailing address when it was resent. To be sure, the Court conducted an updated search of the CDCR Inmate Locator and reconfirms that Petitioner is still currently at Salinas Valley State Prison. Accordingly, the Court of Clerk is directed to remail the Notice of Judge Assignment form (Dkt. 3) to Petitioner at Salinas Valley State Prison, P.O. Box 1050, Salinas, CA 93960 and is reminded to include Petitioner's CDC number BM5464 on the mailing address. [See document for further information.] (es)
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| Filing 11 Mail Returned addressed to Thomas Enrico DeFelice re Order Requiring Return/Answer to Petition, #4 Return to sender unable to locate. (es) |
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Filing 10
ORDER by Magistrate Judge A. Joel Richlin: Granting #9 APPLICATION for Extension of Time. IT IS HEREBY ORDERED that Respondent is granted to and including April 6, 2024, in which to serve and file a Motion to Dismiss the Petition for Writ of Habeas Corpus, and to and including April 21, 2024, in which to serve and file an Answer to the Petition. The Court's Order of February 6, 2024, remains otherwise in effect. (es)
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| Filing 9 First APPLICATION for Extension of Time to File a Motion to Dismiss or an Answer to the Petition for Writ of Habeas Corpus filed by Respondent Trent Allen. (Attachments: #1 Proposed Order) (Duarte, Ana) |
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Filing 7
MINUTE ORDER (IN CHAMBERS) ORDER RE RETURNED MAIL AND DIRECTING CLERK OF COURT TO RE-SEND DOCUMENT (DKT. 6) by Magistrate Judge A. Joel Richlin: re: Mail Returned, #6 . [See Document for Further Information.] (es)
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| Filing 8 Mail Returned addressed to Thomas Enrico DeFelice Salinas Vally State Prison P.O. Box 1050 Soledad, CA 93960 re Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111), #2 Return to sender unable to locate inmate. Can not identify without a CDC Number. (es) |
| Filing 6 Mail Returned addressed to Thomas Enrico DeFelice Salinas Vally State Prison P.O. Box 1050 Soledad, CA 93960 re Notice of Reference to US Magistrate Judge (CV-84) (Habeas Corpus) - optional html form, #3 Return to Sender, unable to locate inmate. Can not identity without a CDC Number. (es) |
| Filing 5 NOTICE OF APPEARANCE of California Attorney General Office Ana R. Duarte on behalf of Respondent Trent Allen. (Attorney Ana R Duarte added to party Trent Allen(pty:res))(Duarte, Ana) |
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Filing 4
ORDER REQUIRING RESPONSE TO PETITION by Magistrate Judge A. Joel Richlin. IT ISORDERED that: Within fourteen (14) days of the date of this Order, Respondent shall file and serve a Notice of Appearance. Respondent shall file and serve an answer to the Petition within forty-five (45) days of the date of this Order. 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 California Attorney Generals Office, this Notice constitutes service under Fed. R. Civ. P. 4. Motions to Dismiss shall be filed within thirty (30) days of the date of this Order. (Attachments: #1 Attachment 1 of 2, #2 Attachment 2 of 2) (es)
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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 Stanley Blumenfeld, Jr and referred to Magistrate Judge A. Joel Richlin, 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 (2254) #1 (Attachments: #1 CV-60P)(lh) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254). Case assigned to Judge Stanley Blumenfeld, Jr and referred to Magistrate Judge A. Joel Richlin. (Filing Fee $5 DUE), filed by Petitioner Thomas Enrico DeFelice. (lh) |
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| Petitioner: Thomas Enrico DeFelice | |
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| Respondent: Trent Allen | |
| Represented By: | Ana R Duarte |
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