Kinzie Gene Noordman v. James E. Tilton
Plaintiff: Kinzie Gene Noordman
Respondent: James E Tilton
Case Number: 5:2009cv00409
Filed: February 26, 2009
Court: US District Court for the Central District of California
Office: Eastern Division - Riverside Office
County: San Bernardino
Presiding Judge: Chapman
Presiding Judge: Walter
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 21, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 21, 2014 Filing 48 APPEAL RECORD RETURNED from 9th CCA. Received One brown folder of State Lodged Documents. RE: Appeal Record Sent to USCA (A-26) 47 (ema)
June 29, 2012 Filing 47 RECORD ON APPEAL sent to Circuit Court re: Appeal number 12-56194. The record consists of One brown folder of State Lodged Documents re Notice of Appeal to 9th Circuit Court of Appeals 44 . (dmap)
June 27, 2012 Filing 46 NOTIFICATION by Circuit Court of Appellate Docket Number 12-56194, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 44 as to Plaintiff Kinzie Gene Noordman. (car)
June 27, 2012 Filing 45 Final PETITION for Certificate of Appealability to USDC by petitioner Kinzie Gene Noordman (Johnson, Carla)
June 27, 2012 Filing 44 NOTICE OF APPEAL to the 9th CCA filed by petitioner Kinzie Gene Noordman. Appeal of Judgment, 43 (Appeal fee of $455 receipt number 0973-10587263 paid.) (Johnson, Carla)
June 25, 2012 Filing 43 JUDGMENT by Judge John F. Walter, Related to: R&R - Accepting Report and Recommendations, 42 . IT IS ADJUDGED that the above-captioned action is DISMISSED WITH PREJUDICE for the reasons set forth in the Magistrate Judges Report and Recommendation. (MD JS-6, Case Terminated). (bem)
June 25, 2012 Opinion or Order Filing 42 ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge John F. Walter for Report and Recommendation (Issued) 37 . IT IS ORDERED THAT: 1. The Report and Recommendation is approved and accepted; 2. Judgment be entered denying the Petition and dismissing this action with prejudice; and 3. The Clerk serve copies of this Order on the parties. Additionally, for the reasons stated in the Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of appealability. (bem)
May 9, 2012 Filing 41 OBJECTION to Report and Recommendation (Issued), Report and Recommendation (Issued), Report and Recommendation (Issued) 37 filed by petitioner Kinzie Gene Noordman.(Johnson, Carla)
April 5, 2012 Opinion or Order Filing 40 ORDER by Magistrate Judge Jay C. Gandhi: IT IS HEREBY ORDERED that PETITIONER'S APPLICATION FOR ENLARGEMENT OF TIME TO FILE OBJECTIONS TO THE REPORT AND RECOMMENDATION is granted to May 10, 2012. 39 (bem)
April 3, 2012 Filing 39 First APPLICATION for Extension of Time to File Objection to R&R filed by petitioner Kinzie Gene Noordman. (Attachments: # 1 Proposed Order Order)(Johnson, Carla)
March 22, 2012 Filing 38 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Report and Recommendation (Issued) 37 . Inadvertently failed to attach exhibit to the Report and Recommendation, docketed as #37. Please review attached document. (Attachments: # 1 Exhibit A) (gr)
March 21, 2012 Filing 37 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE TO DENY PETITION FORWRIT OF HABEAS CORPUS AND DISMISS ACTION WITH PREJUDICE by Magistrate Judge Jay C. Gandhi. Re Petition for Writ of Habeas Corpus (2254) 1 . IT IS RECOMMENDED that the Court issue an Order: (1) approving and accepting this Report and Recommendation; (2) directing that Judgment be entered dismissing this action with prejudice; and (3) denying a certificate of appealability. (gr) (Additional attachment(s) added on 3/22/2012: # 1 Exhibit A) (gr).
March 21, 2012 Filing 36 NOTICE OF FILING OF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION by Magistrate Judge Jay C. Gandhi. Objections to R&R due by 4/10/2012. (Attachments: # 1 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE TO DENY PETITION FOR WRIT OF HABEAS CORPUS AND DISMISS ACTION WITH PREJUDICE) (gr)
December 1, 2010 Opinion or Order Filing 35 ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 10-029 by Chief Magistrate Judge Stephen J. Hillman. Pursuant to the recommended procedure adopted by the Court for the RETIREMENT of Magistrate Judge Rosalyn M. Chapman, this case is transferred from the calendar of Magistrate Judge Rosalyn M. Chapman to the calendar of Magistrate Judge Jay C. Gandhi for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation EDCV 09-00409 JFW(JCG) absent further order of the Court. (rn)
January 28, 2010 Opinion or Order Filing 34 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Rosalyn M. Chapman: granting 28 Application for Order; Petitioners request to expand the record to include Exhibit AA IS GRANTED. See minute order for further details. (jy)
January 20, 2010 Filing 33 REPLY Reply in support APPLICATION for Order for expand record 28 filed by Plaintiff Kinzie Gene Noordman. (Johnson, Carla)
January 14, 2010 Filing 32 OPPOSITION TO PETITIONER'S MOTION TO EXPAND THE RECORD PURSUANT TO RULE 7 filed by Respondent James E Tilton. (Jacobson, Lise)
January 5, 2010 Filing 31 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Rosalyn M. Chapman: Respondent may file an opposition, if any, to petitioners motion to expand the record pursuant to Rule 7 no later than fourteen (14) days from the date of this Order, and petitioner may reply to said opposition no later than fourteen (14) days after receipt of the opposition. (jy)
January 4, 2010 Opinion or Order Filing 30 ORDER by Magistrate Judge Rosalyn M. Chapman: granting 27 Motion for Leave to File Excess Pages; GOOD CAUSE APPEARING, it is HEREBY ORDERED that Petitioners Motion For Leave to File Oversize Brief is GRANTED. (jy)
December 28, 2009 Filing 29 NOTICE of Manual Filing filed by Plaintiff Kinzie Gene Noordman of Pet. Exhibit AA. (Johnson, Carla)
December 28, 2009 Filing 28 APPLICATION for Order for expand record filed by petitioner Kinzie Gene Noordman. Application set for hearing on 12/29/2009 at 10:00 AM before Magistrate Judge Rosalyn M. Chapman. (Johnson, Carla)
December 28, 2009 Filing 27 NOTICE OF MOTION AND Final MOTION to Exceed Page Limitation Reply filed by petitioner Kinzie Gene Noordman. Motion set for hearing on 12/29/2009 at 10:00 AM before Magistrate Judge Rosalyn M. Chapman. (Johnson, Carla)
December 28, 2009 Filing 26 MEMORANDUM in Support Reply to Answer filed by Plaintiff Kinzie Gene Noordman. (Johnson, Carla)
December 28, 2009 Filing 25 REPLY to Answer filed by Plaintiff Kinzie Gene Noordman. (Johnson, Carla)
December 3, 2009 Opinion or Order Filing 24 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Rosalyn M. Chapman: granting 23 Motion for Extension of Time to File; Good cause appearing, IT IS HEREBY ORDERED that PETITIONERS APPLICATION FOR ENLARGEMENT OF TIME TO FILE REPLY TO RESPONDENTS ANSWER is granted to January 4, 2010. (jy)
December 1, 2009 Filing 23 NOTICE OF MOTION AND First MOTION for Extension of Time to File Reply to Answer filed by petitioner Kinzie Gene Noordman. Motion set for hearing on 12/2/2009 at 10:00 AM before Magistrate Judge Rosalyn M. Chapman. (Attachments: # 1 Proposed Order Enlarge Time)(Johnson, Carla)
October 13, 2009 Opinion or Order Filing 22 ORDER by Magistrate Judge Rosalyn M. Chapman: granting 18 Application for Leave to File Excess Pages; With good cause shown, it is hereby ordered that Respondent is granted leave to file a Memorandum of Points and Authorities in excess of the twenty-five page limit established by Local Civil Rule 11-6 in support of Respondents Answer in the above entitled matter. (jy)
October 8, 2009 Filing 21 NOTICE OF LODGING filed (Supplemental) re Answer to Complaint 19 , Memorandum of Points and Authorities in Support (non-motion) 20 (Jacobson, Lise)
October 8, 2009 Filing 20 MEMORANDUM of Points and Authorities in Support filed by respondent James E Tilton. Re: Answer to Complaint 19 (Jacobson, Lise)
October 8, 2009 Filing 19 ANSWER to Petition for Writ of Habeas Corpus filed by respondent James E Tilton.(Jacobson, Lise)
October 8, 2009 Filing 18 APPLICATION to Exceed Page Limitation Memorandum of Points and Authorities filed by respondent James E Tilton. (Attachments: # 1 Proposed Order)(Jacobson, Lise)
September 30, 2009 Opinion or Order Filing 17 ORDER by Magistrate Judge Rosalyn M. Chapman: granting 16 Application for Extension of Time to File; GOOD CAUSE APPEARING, Respondents request for an enlargement of time to October 15, 2009, in which to file an Answer to the Petition for Writ of Habeas Corpus is hereby GRANTED. (jy)
September 29, 2009 Filing 16 APPLICATION for Extension of Time to File Response to Petition for Writ of Habeas Corpus; Declaration of Lise S. Jacobson filed by respondent James E Tilton. (Attachments: # 1 Proposed Order)(Jacobson, Lise)
August 31, 2009 Opinion or Order Filing 15 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Rosalyn M. Chapman: granting 14 Application for Extension of Time to File; GOOD CAUSE APPEARING, Respondents request for an enlargement of time to October 1, 2009, in which to file an Answer to the Petition for Writ of Habeas Corpus is hereby GRANTED. (jy)
August 25, 2009 Filing 14 APPLICATION for Extension of Time to File Response to Petition for Writ of Habeas Corpus; Declaration of Lise S. Jacobson filed by respondent James E Tilton. (Attachments: # 1 Proposed Order)(Jacobson, Lise)
July 30, 2009 Opinion or Order Filing 13 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Rosalyn M. Chapman: Denying 6 Respondent's Motion to Dismiss as Untimely and Requiring Respondent to File an Answer no later than 30 days from the date of this Order. Petitioner has 60 days from the filing an the Answer to file her reply. (SEE MINUTES FOR DTAILS). (kca)
July 20, 2009 Filing 12 OPPOSITION Court-Ordered Reply to Opposition to Motion to Dismiss Petition for Writ of Habeas Corpus filed by Respondent James E Tilton. (Jacobson, Lise)
June 26, 2009 Filing 11 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Rosalyn M. Chapman:On June 24, 2009, petitioner filed his opposition to respondents motion to dismiss, with the supporting declaration of his attorney, Carla J. Johnson, and several exhibits. In light of this new evidence, the Court ORDERS respondent to file a reply to petitioners opposition to the motion to dismiss, no later than thirty (30) days from the date of this Order. (jy)
June 24, 2009 Filing 10 REPLY Opposition to Motion to Dismiss filed by Plaintiff Kinzie Gene Noordman. (Attachments: # 1 Exhibit 1-8)(Johnson, Carla)
May 13, 2009 Opinion or Order Filing 9 ORDER by Magistrate Judge Rosalyn M. Chapman: granting 7 Motion to Dismiss; Good cause having been shown, Respondents Motion to Permit Filing of a Motion to Dismiss Petition for Writ of Habeas Corpus is granted. The Motion to Dismiss submitted on May 11, 2009, shall be deemed filed. (jy)
May 11, 2009 Filing 8 NOTICE OF LODGING filed re MOTION to Dismiss ; Motion to Permit Filing of a Motion to Dismiss Petition for Writ of Habeas Corpus ; Declaration of Deputy Attorney General Lise S. Jacobson 7 , MOTION to Dismiss Petition for Writ of Habeas Corpus ; Memorandum of Points and Authorities in Support Thereof 6 (Jacobson, Lise)
May 11, 2009 Filing 7 NOTICE OF MOTION AND MOTION to Dismiss ; Motion to Permit Filing of a Motion to Dismiss Petition for Writ of Habeas Corpus ; Declaration of Deputy Attorney General Lise S. Jacobson filed by respondent James E Tilton. (Jacobson, Lise)
May 11, 2009 Filing 6 NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus ; Memorandum of Points and Authorities in Support Thereof filed by respondent James E Tilton. (Jacobson, Lise)
May 4, 2009 Opinion or Order Filing 5 ORDER by Magistrate Judge Rosalyn M. Chapman: granting 4 Application for Extension of Time to File; GOOD CAUSE APPEARING, Respondent's request for an enlargement of time to June 3, 2009, in which to file an Answer to the Petition for Writ of Habeas Corpus is hereby GRANTED. (jy) (jy).
April 30, 2009 Filing 4 APPLICATION for Extension of Time to File Response to the Petition for Writ of Habeas Corpus and Declaration of Lise S. Jacobson filed by respondent James E Tilton. (Attachments: # 1 Proposed Order)(Jacobson, Lise)
March 4, 2009 Filing 3 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Rosalyn M. Chapman: The parties ARE ORDERED to notify the Court, within sixty (60) days of this Order, of their decision by either filing the Consent or filing a document showing Non-Consent. The parties are advised that they are free to withhold consent without any adverse substantive consequences. See minute order for details. (Attachments: # 1 Consent Form) (jy)
February 26, 2009 Filing 2 NOTICE OF REFERENCE TO A U.S. MAGISTRATE JUDGE. Pursuant to the provisions of the Local Rules, the within action has been assigned to the calendar of Judge John F. Walter and referred to Magistrate Judge Rosalyn M. Chapman to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (am)
February 26, 2009 Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge John F. Walter and referred to Magistrate Judge Rosalyn M. Chapman.(Filing fee $5.00.), filed by petitioner Kinzie Gene Noordman.(am)

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Plaintiff: Kinzie Gene Noordman
Represented By: Carla J Johnson
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Respondent: James E Tilton
Represented By: Lise S Jacobson
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