Darren Michael Birks, Jr. v. Josie Gastello
| Darren Michael Birks, Jr. |
| Josie Gastello |
| 5:2021cv00399 |
| March 3, 2021 |
| US District Court for the Central District of California |
| Andre Birotte |
| Alexander F MacKinnon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 11 REPORT AND RECOMMENDATION issued by Magistrate Judge Alexander F. MacKinnon. For the foregoing reasons, it is recommended that the District Judge issue an Order: (1) accepting and adopting this Report and Recommendation; (2) granting Respondent's Motion to Dismiss; and (3) directing that Judgment be entered denying the petition and dismissing this action with prejudice. (es) |
| Filing 10 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alexander F. MacKinnon. Objections to R&R due by 5/18/2021. (es) |
| Filing 9 Opposition to Motion to Dismiss #7 filed by Petitioner Darren Michael Birks, Jr. (es) |
| Filing 8 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus #7 (Attachments: #1 Lodgment 1, #2 Lodgment 2, #3 Lodgment 3, #4 Lodgment 4, #5 Lodgment 5, #6 Lodgment 6, #7 Lodgment 7, #8 Lodgment 8, #9 Lodgment 9, #10 Lodgment 10, #11 Lodgment 11)(Jadovitz, Jennifer) |
| Filing 7 NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Respondent Josie Gastello. (Jadovitz, Jennifer) |
| Filing 6 NOTICE of Appearance filed by attorney Jennifer A Jadovitz on behalf of Respondent Josie Gastello (Attorney Jennifer A Jadovitz added to party Josie Gastello(pty:res))(Jadovitz, Jennifer) |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Lise S Jacobson counsel for Respondent Josie Gastello. Adding Lise Simons Jacobson as counsel of record for Josie Gastello, Warden for the reason indicated in the G-123 Notice. Filed by Respondent Josie Gastello, Warden. (Attorney Lise S Jacobson added to party Josie Gastello(pty:res))(Jacobson, Lise) |
Filing 4
ORDER REQUIRING RESPONSE TO PETITION (28 U.S.C. 2254) by Magistrate Judge Alexander F. MacKinnon. Respondent shall file and serve an Answer to Petition within forty-five (45) days of the service 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. Motion to Dismiss shall be filed within thirty (30) days of the service date of this Order. (Attachments: #1 Attach 1 of 2, #2 Attach 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 Andre Birotte Jr and referred to Magistrate Judge Alexander F. MacKinnon, 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) (lh) |
| Filing 2 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Darren Michael Birks, Jr. The Petitioner does not consent. (lh) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254). Case assigned to Judge Andre Birotte Jr and referred to Magistrate Judge Alexander F. MacKinnon. (Filing Fee $5 Due), filed by Petitioner Darren Michael Birks, Jr. (lh) |
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| Respondent: Josie Gastello | |
| Represented By: | Jennifer A Jadovitz |
| Represented By: | Lise S Jacobson |
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| Petitioner: Darren Michael Birks, Jr. | |
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