Vilaychith Khouanmany v. Mark Gutierrez et al
Petitioner: Vilaychith Khouanmany
Respondent: S. Milikin, Michael Carvajal, John Martin, Mark Gutierrez, Ms. Rodriguez and P. Torres
Case Number: 5:2021cv00989
Filed: June 7, 2021
Court: US District Court for the Central District of California
Presiding Judge: John D Early
Referring Judge: John F Walter
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2021 Filing 19 REPORT AND RECOMMENDATION issued by Magistrate Judge John D. Early. IT IS THEREFORE RECOMMENDED that the District Court issue an Order: (1) approving and accepting this Report and Recommendation; and (2) directing that Judgment be entered dismissing this action without prejudice #1 . (mba)
August 2, 2021 Filing 18 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John D. Early. Objections to R&R due by 8/22/2021 (mba)
July 19, 2021 Filing 17 RESPONSE to Amended Order to Show Cause #13 filed by Petitioner Vilaychith Khouanmany (hr)
July 14, 2021 Opinion or Order Filing 16 ORDER by Magistrate Judge John D. Early, Denying #15 Motion to Supplement as Having been Filed in Violation of the Court's July 2, 2021 Order to Show Cause (OSC) Without Prejudice to Filing a Compliant First Amended Petition as Permitted by the OSC. (mba)
July 12, 2021 Filing 15 MOTION to Supplement: Ground Four Motion to File Under Seal filed by Petitioner Vilaychith Khouanmany. (hr)
July 2, 2021 Filing 14 Mail Returned addressed to Vilaychith Khouanmany re Minute (In Chambers) Order #7 (hr)
July 2, 2021 Opinion or Order Filing 13 AMENDED ORDER TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE DISMISSED by Magistrate Judge John D. Early. The Court issued its initial Order to Show Cause on July 1, 2021. The following day, the Clerk's Office docketed an additional "Motion to Supplement" from Petitioner, although it was apparently received by the Clerk's Office earlier. Dkt. 12 ("Second Motion to Supplement").6 In the Second Motion to Supplement, Petitioner requests to supplement Grounds One through Three of the Petition. The Court GRANTS the Second Motion to Supplement (Dkt. 12) #12 and grants Petitioner's request to supplement Grounds One through Three. However, nothing in this filing addresses any of the defects identified in the initial Order to Show Cause, and as such, the Petition remains subject to dismissal.(see document for further details) (mba)
July 1, 2021 Opinion or Order Filing 11 ORDER TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE DISMISSED by Magistrate Judge John D. Early. The Court GRANTS the Motion to Supplement (Dkt. 9). Nonetheless, for the foregoing reasons, the Petition is subject to dismissal. Petitioner is therefore ORDERED TO SHOW CAUSE why this action should not be dismissed by filing a written response by no later than thirty (30) days from the date of this Order which sets forth any valid legal and/or factual reasons why the Petition should not be dismissed for the foregoing deficiencies. Alternatively, Petitioner may file and amended petition within thirty (30) days of the date of this Order to attempt to cure the above-referenced defects.(see document for further details) (Attachments: #1 Blank Federal Habeas Petition) (mba)
June 30, 2021 Filing 12 Second Motion to Supplement, filed by Petitioner Vilaychith Khouanmany. (mba)
June 29, 2021 Filing 10 Mail Returned addressed to Vilaychith Khouanmany re Notice of Reference to US Magistrate Judge #5 (hr)
June 25, 2021 Filing 9 Motion to Supplements filed by Petitioner Vilaychith Khouanmany. (mba)
June 25, 2021 Filing 8 Mail Returned addressed to Vilaychith Khouanmany re Financial Entry 6 (hr)
June 21, 2021 Opinion or Order Filing 7 MINUTES (IN CHAMBERS) Order Denying Motions (Dkt. #2 , #3 , #4 ) by Magistrate Judge John D. Early. The Petitioner's Motion for Emergency Hearing (Dkt. 2), Motion for RRC Recommendation (Dkt. 3), and Motion for Appointment of Counsel (Dkt. 4) are DENIED. (see document for further details) (hr)
June 17, 2021 Filing 6 FINANCIAL ENTRY: Received $5.00 from Vilaychith Khouanmany. Re: Petition for Writ of Habeas Corpus (2241) #1 . Receipt number LA223942. (fr)
June 11, 2021 Filing 5 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John F. Walter and referred to Magistrate Judge John D. Early, 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. (esa)
June 7, 2021 Filing 4 NOMOTION for Appointment of Counsel filed by petitioner Vilaychith Khouanmany. (esa)
June 7, 2021 Filing 3 MOTION for Recommendation for Length of RRC/Halfway House Placement filed by petitioner Vilaychith Khouanmany. (esa)
June 7, 2021 Filing 2 MOTION for Order for Emergency Hearing for Writ of Habeas Corpus filed by petitioner Vilaychith Khouanmany. (esa)
June 7, 2021 Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge John F. Walter and referred to Magistrate Judge John D. Early, (Filing fee $ 5 due), filed by petitioner Vilaychith Khouanmany. (esa)

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Respondent: S. Milikin
Represented By: Assistant 2241-194 US Attorney LA-CV
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Respondent: Michael Carvajal
Represented By: Assistant 2241-194 US Attorney LA-CV
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Respondent: John Martin
Represented By: Assistant 2241-194 US Attorney LA-CV
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Respondent: Mark Gutierrez
Represented By: Assistant 2241-194 US Attorney LA-CV
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Respondent: Ms. Rodriguez
Represented By: Assistant 2241-194 US Attorney LA-CV
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Respondent: P. Torres
Represented By: Assistant 2241-194 US Attorney LA-CV
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Petitioner: Vilaychith Khouanmany
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