Erlindo Rodriguez, Jr. v. The People
| Erlindo Rodriguez, Jr. |
| The People |
| 5:2021cv01671 |
| October 1, 2021 |
| US District Court for the Central District of California |
| Steve Kim |
| George H Wu |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on February 2, 2022. A more recent docket listing may be available from PACER.
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Filing 9
MINUTES (IN CHAMBERS) ORDER RE: REQUEST FOR EXTENSION OF TIME by Magistrate Judge Steve Kim. Petitioners letter dated October 25, 2021 #8 is construed as a request for more time to respond to the Courts October 13, 2021 order to show cause. So construed, the request is granted and the deadline to respond to that order is extended to December 13, 2021. If Petitioner intends to file an amended petition, he may use the same form he used for the original petition. Enclosed are copies of the exhibits that were attached to the original petition. Petitioner is reminded that failure to respond on time to the order to show cause as directed in that order may result in the dismissal of this action for failure to prosecute. IT IS SO ORDERED. (Attachments: #1 Exhibits) (clee)
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| Filing 6 FINANCIAL ENTRY: Received $5.00 from Erlindo Rodriguez, Jr.. Re: Petition for Writ of Habeas Corpus (2254) #1 . Receipt number LA229801. (dl) |
| Filing 8 REQUEST for Extension of Time filed by Petitioner Erlindo Rodriguez, Jr. (clee) |
| Filing 7 Letter from Petitioner. (clee) |
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Filing 5
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge Steve Kim. For all these reasons, Petitioner is ORDERED TO SHOW CAUSE on or before Friday, November 12, 2021 why the Court should not dismiss the petition for lack of jurisdiction, failure to exhaust state court remedies, and untimeliness. To discharge this order, Petitioner must (1) file an amended petition naming the right respondent; (2) prove that he has exhausted his claim in state court (or that he should receive a stay of this action to permit such exhaustion); and (3) prove that he is entitled to enough tolling of the statute of limitations to make his petition timely even though it was filed more than a year after his conviction became final. On the other hand, if Petitioner no longer wishes to pursue this action, he may voluntarily dismiss the action using the attached Notice of Voluntary Dismissal Form CV-09. See Fed. R. Civ. P. 41(a). But if Petitioner files no notice of voluntary dismissal, an amended petition that cures the procedural defects outlined here, or some other timely response to this order, the petition may be involuntarily dismissed for failure to prosecute. (SEE ORDER FOR DETAILS). (Attachments: #1 Voluntary Dismissal Form) (clee)
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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 George H. Wu 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. (Attachments: #1 CV111/CV69) (jtil) |
| Filing 3 MEMORANDUM of Points and Authorities in Support of Motion for the Appointment of a Private Investigator, filed by Petitioner Erlindo Rodriguez, Jr. (jtil) |
| Filing 2 MOTION for the Appointment of a Private Investigator Penal Code 987.2, filed by Petitioner Erlindo Rodriguez, Jr. (jtil) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254), filed by Petitioner Erlindo Rodriguez, Jr. Case assigned to Judge George H. Wu and referred to Magistrate Judge Steve Kim. (jtil) |
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