David Anthony Beltran v. W L Montgomery
| David Anthony Beltran |
| W L Montgomery |
| 5:2014cv00591 |
| March 26, 2014 |
| US District Court for the Central District of California |
| Fernando M Olguin |
| Michael R Wilner |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on March 28, 2016. A more recent docket listing may be available from PACER.
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Filing 30
ORDER RE: COPY OF DECISION by Magistrate Judge Michael R. Wilner. Petitioner's request for a copy of this Court's adverse decision is GRANTED. (Docket #29 .) The Clerk is directed to mail a copy of the Court's Report and Recommendation (Docket #15 ), the district judge's order accepting the R&R (Docket #16 ), and final judgment (Docket #17 ) to Petitioner. (mkr)
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Filing 28
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Fernando M. Olguin ORDERING Request for copy of opinion submitted by Petitioner David Anthony Beltran received on 03/16/2016 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (mkr)
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| Filing 29 REQUEST for Copy of Opinion. Filed by Petitioner David Anthony Beltran. (mkr) |
| Filing 27 APPEAL RECORD RETURNED from 9th CCA; 15-55639. One large box of state lodge documents returned to the Central Court Los Angeles. (rsm) |
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Filing 26
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #22 filed by David Anthony Beltran. CCA # 15-55639. The request for a certificate of appealability is denied because appellant has not shown that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. (car)
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| Filing 25 Receipt of Acknowledgment from 9th CCA as to Appeals No 15-55608. Received 1 box of state lodged documents (car) |
| Filing 24 RECORD ON APPEAL sent 1 large box of state lodge documents to Circuit Court re: Appeal number, 15-55639 re Notice of Appeal to 9th Circuit Court of Appeals #22 . (mat) |
| Filing 23 NOTIFICATION by Circuit Court of Appellate Docket Number 15-55639, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals #22 as to Petitioner David Anthony Beltran. (mat) |
| Filing 22 NOTICE OF APPEAL to the 9th CCA filed by Petitioner David Anthony Beltran. Appeal of Judgment, #17 Filed On: 9/15/15; Entered On: 9/16/15; Certificate of Appealability has been ruled on 9/15/15, see document 18. (mat) |
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Filing 21
ORDER REOPENING TIME TO FILE NOTICE OF APPEAL by Judge Fernando M. Olguin. Because the Court finds that Petitioner meets all of the conditions set forth in Rule 4(a)(6), the motion to reopen the time to file an appeal is GRANTED. Petitioner may file a notice of appeal of the judgment in this matter within 14 days from the entry of this order. The clerk mailed a copy of this order to petitioner. (See Order for further details) granting #19 Request for Extension (vm)
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Filing 20
NOTICE OF DISCREPANCY AND ORDER by Judge Fernando M. Olguin. ORDERING Letter requesting a copy of a docker or status of case submitted by Petitioner David Anthony Beltran received on March 3, 2015 is not to be filed but instead rejected. Denial based on: Local Rule 83-2.5 No Letters to Judge; Case closed 9/15/2014. (vm)
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| Filing 19 REOPENING THE TIME TO FILE AN APPEAL, PURSUANT TO FRAP 4(a)(6) filed by Petitioner David Anthony Beltran. (car) |
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Filing 18
Order by Judge Fernando M. Olguin denying Certificate of Appealability. (mat)
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| Filing 17 JUDGMENT by Judge Fernando M. Olguin. Pursuant to the Order Accepting Findings and Recommendations of the United States Magistrate Judge, IT IS ADJUDGED that Respondents motion to dismiss is granted and this action is dismissed with prejudice. (MD JS-6, Case Terminated). (vm) |
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Filing 16
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATEJUDGE by Judge Fernando M. Olguin. IT IS ORDERED that Judgment be entered granting Respondents motion to dismiss and dismissing this action with prejudice. Report and Recommendation (Issued) #15 (vm)
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| Filing 15 REPORT AND RECOMMENDATION issued by Magistrate Judge Michael R. Wilner. Re MOTION to Dismiss Petition for Writ of Habeas Corpus in 28 U.S.C. Section 2254 Case #6 (vm) |
| Filing 14 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Michael R. Wilner. Objections to R&R due by 8/22/2014. (Attachments: #1 Report and Recommendation) (vm) |
| Filing 13 OPPOSITION Response to Opposition to Motion to Dismiss Petition for Writ of Habeas Corpus in 28 U.S.C. Section 2254 Case filed by Respondent W L Montgomery. (Da Silva, Anthony) |
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Filing 12
MINUTE (IN CHAMBERS) ORDER RE: OPTIONAL REPLY by Magistrate Judge Michael R. Wilner. The Attorney General may file an optional reply in further support of the dismissal motion by or before June 17, 2014. After that, the Court will take the matter under submission. re: Response in Opposition to Motion #11 . (vm)
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| Filing 11 OPPOSITION to MOTION to Dismiss Petition for Writ of Habeas Corpus in 28 U.S.C. Section 2254 Case #6 filed by Petitioner David Anthony Beltran. (Clough, Michael) |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Michael Clough counsel for Petitioner David Anthony Beltran. Filed by Petitioner Michael Clough. (Attorney Michael Clough added to party David Anthony Beltran(pty:pet))(Clough, Michael) |
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Filing 9
MINUTE ORDER (IN CHAMBERS) ORDER RE: RESPONSE TO MOTION TO DISMISS / STRATTON NOTICE by Magistrate Judge Michael R. Wilner. The Attorney General filed a motion to dismiss this habeas action as untimely. (Docket #7 .) Petitioner's response to the motion will be due by or before May 23, 2014. (See minute order for further details.) (kl)
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| Filing 8 NOTICE OF LODGING filed re MOTION to Dismiss Petition for Writ of Habeas Corpus in 28 U.S.C. Section 2254 Case #6 , Memorandum of Points and Authorities in Support (non-motion) #7 (Da Silva, Anthony) |
| Filing 7 MEMORANDUM of Points and Authorities in Support filed by respondent W L Montgomery. Re: MOTION to Dismiss Petition for Writ of Habeas Corpus in 28 U.S.C. Section 2254 Case #6 (Da Silva, Anthony) |
| Filing 6 NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus in 28 U.S.C. Section 2254 Case filed by respondent W L Montgomery. (Da Silva, Anthony) |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Anthony Da Silva counsel for Respondent W L Montgomery. Adding Anthony Da Silva as attorney as counsel of record for W.L. Montgomery for the reason indicated in the G-123 Notice. Filed by Respondent W.L. Montgomery. (Attorney Anthony Da Silva added to party W L Montgomery(pty:res))(Da Silva, Anthony) |
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Filing 4
ORDER REQUIRING RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Michael R. Wilner. Respondent W L Montgomery to file Motion to Dismiss/Answer by 4/30/2014. Reply due by 5/30/2014. (See Minute Order for further details) 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. (Attachments: #1 Petition, #2 Consent) (vm)
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| Filing 3 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 Fernando M. Olguin and referred to Magistrate Judge Michael R Wilner to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (mrgo) |
| Filing 2 ELECTION REGARDING CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by petitioner David Anthony Beltran. (mrgo) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254). Case assigned to Judge Fernando M. Olguin and referred to Magistrate Judge Michael R Wilner.(Filing fee $ 5.00 waived), filed by petitioner David Anthony Beltran.(mrgo) |
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| Respondent: W L Montgomery | |
| Represented By: | Anthony Da Silva |
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| Petitioner: David Anthony Beltran | |
| Represented By: | Michael Clough |
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