Timothy Eric Buford v. Rayhon Johnson
| Timothy Eric Buford |
| Rayhon Johnson and Raybon Johnson |
| 5:2022cv00026 |
| January 6, 2022 |
| US District Court for the Central District of California |
| Steve Kim |
| Virginia A Phillips |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 16
MINUTES (IN CHAMBERS) ORDER RE: DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS (ECF #15 ) by Magistrate Judge Steve Kim. The Court is in receipt of Petitioners Declaration in Support of Request to Proceed In Forma Pauperis. The request is GRANTED. (et)
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Filing 14
MINUTE (IN CHAMBERS) ORDER DENYING APPOINTMENT OF COUNSEL by Magistrate Judge Steve Kim: denying #12 REQUEST for Appointment of Counsel. (see document for details) (hr)
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Filing 13
MINUTE (IN CHAMBERS) ORDER GRANTING PETITIONER'S REQUEST FOR RHINES STAY by Magistrate Judge Steve Kim: granting #11 MOTION to Stay. The Kelly stay based on the initial and now superseded petition is VACATED. By no later than June 15, 2022, Petitioner must notify the Court and provide proof of the California appellate court decisions resolving the claims listed in the FAP. Unless lifted sooner by the Court's order, the Rhines stay will automatically lift on June 16, 2022, or such later date that the stay is extended to by the Court's order on Petitioner's timely request forthat extension. (see document for further details) (hr)
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| Filing 15 DECLARATION IN SUPPORT OF REQUEST to Proceed In Forma Pauperis filed by Petitioner Timothy Eric Buford. (et) |
| Filing 12 REQUEST for Appointment of Counsel filed by Petitioner Timothy Eric Buford. (Attachments: #1 Part 2, #2 Part 3) (hr) |
| Filing 11 MOTION for Stay of the First Amended Petition under Rhines filed by Petitioner Timothy Eric Buford. (Attachments: #1 Part 2, #2 Part 3) (hr) |
| Filing 10 FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Respondent Raybon Johnson amending Petition for Writ of Habeas Corpus (2254) #1 , filed by Petitioner Timothy Eric Buford (Attachments: #1 Part 2, #2 Part 3)(hr) |
| Filing 9 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Timothy Eric Buford. The Petitioner does not consent. (rn) |
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Filing 8
MINUTE (IN CHAMBERS) ORDER GRANTING PETITIONER'S REQUEST FOR A KELLY STAY by Magistrate Judge Steve Kim: granting #4 MOTION to Stay. Petitioner's unopposed request for a discretionary stay of his 28 U.S.C. 2254 petition under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), is GRANTED for 120 days while he exhausts his habeas claims in state court. By or before the expiration of those 120 days, Petitioner must file a superseding First Amended Petition (that will replace the original petition entirely) with all the exhausted claims he intends to pursue under 2254. If those claims will not be exhausted in time, he must ask - before the stay expires - for a reasonable extension of the stay together with an update on the status of his pending state habeas petitions. (see document for further details) (hr)
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| Filing 7 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case #4 filed by Respondent Rayhon Johnson. (Mulford, Matthew) |
| Filing 6 NOTICE of Appearance filed by attorney Matthew C Mulford on behalf of Respondent Rayhon Johnson (Attorney Matthew C Mulford added to party Rayhon Johnson(pty:res))(Mulford, Matthew) |
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Filing 5
ORDER REQUIRING RESPONSE TO MOTION FOR STAY by Magistrate Judge Steve Kim. Petitioner has filed a motion pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), to stay these proceedings while he exhausts state court remedies. (ECF 4). Respondent is ordered to file an opposition (or notice of non-opposition) by February 14, 2022. If Respondent opposes the motion, Petitioners optional reply shall be due within 21 days of receipt of Respondents opposition. The current deadline for Respondents response (either by motion or answer) to the petition is vacated until the resolution of the motion for stay, at which point the Court shall reset an appropriate briefing schedule. 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. (clee)
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| Filing 4 MOTION for Stay and Abeyance filed by Petitioner Timothy Eric Buford. (hr) |
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Filing 3
ORDER REQUIRING RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Steve Kim. 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. (SEE ORDER FOR DETAILS). (Attachments: #1 Petition, #2 Consent Form, #3 Local Rules Digest) (clee)
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| Filing 2 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Virginia A. Phillips 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 CV-111 Letter Re Habeas Corpus Petition) (car) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Virginia A. Phillips and referred to Magistrate Judge Steve Kim.(Filing fee $ 5. FEE DUE), filed by Petitioner Timothy Eric Buford. (car) |
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