David Garrett Jr. v. State Officer Having Custody
| David Garrett, Jr. |
| State Officer Having Custody |
| 5:2021cv01508 |
| September 3, 2021 |
| US District Court for the Central District of California |
| Percy Anderson |
| John E McDermott |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 11
Notice of Motion and Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #8 filed by Petitioner David Garrett, Jr. (es)
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Filing 10
MINUTES (IN CHAMBERS) ORDER RE: PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL (Docket No. #7 ) by Magistrate Judge John E. McDermott: The Court finds that an evidentiary hearing is not necessary at this stage of the proceedings and counsel is not necessary to prevent due process violations. Thus, the interests of justice do not require the appointment of counsel. Petitioner's Request is DENIED without prejudice. [See document for further details.] (es)
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Filing 9
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #8 (Attachments: #1 Lod 1 Felony Plea and Abstract of Judgment.pdf, #2 Lod 2 RIC1905917 Order Denying Petition and Mot to Amend.pdf, #3 Lod 3 S268313 Docket Denial.pdf)(LaPietra, Vincent)
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Filing 8
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondent State Officer Having Custody. (Attachments: #1 Memorandum of Points and Authorities in Support) (LaPietra, Vincent)
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Filing 6
NOTICE OF APPEARANCE of California Attorney General Office Vincent P. LaPietra on behalf of Respondent State Officer Having Custody. (Attorney Vincent P LaPietra added to party State Officer Having Custody(pty:res))(LaPietra, Vincent)
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Filing 7
REQUEST for Appointment of Counsel and Declaration of Indigency filed by petitioner David Garrett, Jr. (es)
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Filing 5
MINUTE ORDER (IN CHAMBERS) ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge John E. McDermott: The Court is in receipt of Petitioner's Declaration in Support of Request to Proceed In Forma Pauperis ("Request") #1 . The Request is GRANTED. (es)
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Filing 4
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge John E. McDermott. Respondent shall file an Answer to the Petition or a Motion to Dismiss the Petition not later than 28 days after the filing 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. (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 Percy Anderson and referred to Magistrate Judge John E. McDermott, 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)
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Filing 2
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 Garrett, Jr. (esa)
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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 John E. McDermott,(Filing fee $ 5 due), filed by petitioner David Garrett, Jr. (esa)
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| Petitioner: David Garrett, Jr. | |
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| Respondent: State Officer Having Custody | |
| Represented By: | Vincent P LaPietra |
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