Hendrix Moreno Montecastro v. Cate et al
Petitioner: Hendrix Moreno Montecastro
Respondent: Ralph M. Diaz and Cate
Case Number: 5:2020cv01939
Filed: September 16, 2020
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: Steve Kim
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2020 Opinion or Order Filing 4 MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: TIMELINESS by Magistrate Judge Steve Kim. For all these reasons, Petitioner is ORDERED TO SHOW CAUSE on or before November 12, 2020 why the Court should not dismiss the petition as untimely. Petitioner bears the burden to establish timeliness on any ground, including equitable tolling, that the Court may be unaware of. See Stancle v. Clay, 692 F.3d 948, 953 (9th Cir. 2012). If Petitioner files no timely response to this order, this action may be involuntarily dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b) L.R. 41-1. If Petitioner no longer wishes to pursue this action, he may voluntarily dismiss the action under Federal Rule of Civil Procedure 41(a) by filing a Voluntary Notice of Dismissal on the attached Form CV-09. (SEE ORDER FOR DETAILS). (Attachments: #1 Voluntary Dismissal Form) (clee)
September 19, 2020 Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Cormac J. Carney and referred to Magistrate Judge Steve Kim, 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)
September 16, 2020 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 Hendrix Moreno Montecastro. (lh)
September 16, 2020 Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254). Case assigned to Judge Cormac J. Carney and referred to Magistrate Judge Steve Kim.(Filing fee $ 5 Due), filed by Petitioner Hendrix Moreno Montecastro. (lh)

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Respondent: Ralph M. Diaz
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Respondent: Cate
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Petitioner: Hendrix Moreno Montecastro
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