Laurence Caureliola Mixon v. Jim Robertson
| Laurence Caureliola Mixon |
| Jim Robertson |
| 5:2020cv01539 |
| July 28, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Douglas F McCormick |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 10
MINUTES (IN CHAMBERS)Order re Petitioner's Motion for Stay and Abeyance (Dkt. #3 ) by Magistrate Judge Douglas F. McCormick. Accordingly, Petitioner's motion for a Rhines stay is GRANTED. It is further ORDERED as follows: 1. If he has not already done so, then within 45 days of the date of this Order, Petitioner must file a habeas corpus petition in the California Supreme Court raising his unexhausted claims. 2. As soon as he files that habeas corpus petition, Petitioner must lodge a file stamped copy of that petition with this Court. As soon as the California Supreme Court rules on his state habeas petition, Petitioner must lodge a copy of the ruling with this Court. 3. Assuming that Petitioner does not obtain habeas relief from the state court, the Petition will be held in abeyance until 30 days after the California Supreme Court denies Petitioner's habeas petition. During that time, Petitioner must file a motion in this Court to vacate the stay, demonstrating that his previously unexhausted claims have now been exhausted. (lom)
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| Filing 9 REPLY NOTICE OF MOTION AND MOTION to Stay NOTICE OF MOTION AND MOTION to hold case in abeyance #3 filed by Respondent Jim Robertson. (Beesley, Christopher) |
| Filing 8 NOTICE OF LODGING filed in 28 U.S.C. Section 2254 Habeas Corpus Case re Order Requiring Return/Answer to Petition, #5 (Attachments: #1 Lodgment 1, #2 Lodgment 2, #3 Lodgment 3, #4 Lodgment 4, #5 Lodgment 5)(Beesley, Christopher) |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher P Beesley counsel for Respondent Jim Robertson. Adding Christopher P. Beesley as counsel of record for Jim Robertson, Warden for the reason indicated in the G-123 Notice. Filed by Respondent Jim Robertson, Warden. (Attorney Christopher P Beesley added to party Jim Robertson(pty:res))(Beesley, Christopher) |
| Filing 6 NOTICE OF CLERICAL ERROR: Due to clerical error the incorrect document was attached to docket entry #5 . The order on docket entry #5 has been replaced with the correct document. The correct document is also attached to this entry. (Attachments: #1 Order) (nbo) |
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Filing 5
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Douglas F. McCormick. 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 Motion for Stay and Abeyance) (nbo) (Main Document 5 replaced on 8/18/2020) (nbo).
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| Filing 4 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Percy Anderson and referred to Magistrate Judge Douglas F. McCormick, 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. (Attachments: #1 CV-111) (ghap) |
| Filing 3 MOTION FOR Stay and Abeyance Memorandum of Points and Authorities, Declaration of Laurence Mixon, filed by petitioner Laurence Caureliola Mixon. (ghap) |
| Filing 2 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Laurence Caureliola Mixon. The Petitioner does not consent. (ghap) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Percy Anderson and referred to Magistrate Judge Douglas F McCormick.(Filing fee $ 5: FEE DUE.), filed by petitioner Laurence Caureliola Mixon. (ghap) |
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| Petitioner: Laurence Caureliola Mixon | |
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| Respondent: Jim Robertson | |
| Represented By: | Christopher P Beesley |
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