David Brian Harry v. Matthew McVay
| David Brian Harry |
| Warden, Valley State Prison and Matthew McVay |
| 5:2023cv00910 |
| May 19, 2023 |
| US District Court for the Central District of California |
| Andre Birotte |
| Autumn D Spaeth |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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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 form and Abstract of Judgment.pdf, #2 Lod 2 Petition CVBL2100138.pdf, #3 Lod 3 CVBL2100138 Order Denying Pet for Writ of HC.pdf.pdf, #4 Lod 4 Petition CVRI2104982.pdf, #5 Lod 5 CVRI2104982 - Order Denying Pet for Writ of HC.pdf, #6 Lod 6 Petition E078651.pdf, #7 Lod 7 E078651 Order Denying Petition.pdf.pdf, #8 Lod 8 Petition S776613.pdf, #9 Lod 9 S276613 Docket Denial.pdf.pdf)(LaPietra, Vincent) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondent Matthew McVay. (Attachments: #1 Memorandum in Support of Motion to Dismiss Petition for Writ of Habeas Corpus) (Attorney Vincent P LaPietra added to party Matthew McVay(pty:res)) (LaPietra, Vincent) |
Filing 7
ORDER REQUIRING RESPONSE TO PETITION by Magistrate Judge Autumn D. Spaeth. Respondent shall e-file and serve a Notice of Appearance that designates the Deputy Attorney General(s) in charge of the case within fourteen (14) days of the service date of this Order. Respondent shall file a Motion to Dismiss within thirty (30) days of the date of this Order. Respondent shall file and serve an Answer to Petition within forty-five (45) days of the date of this Order. Petitioner may file a single Reply responding to matters raised in the Answer within thirty (30) days of the date of service thereof. **See Order for details** 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 Petition, #2 Blank Consent) (kh)
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| Filing 6 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 Autumn D. Spaeth, 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-38) (lh) |
| Filing 5 ORIGINAL file, certified copy of transfer order and docket sheet received from California Eastern |
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Filing 4
ORDER transferring case to the Eastern Division of the United States District Court for the Central District of California signed by Magistrate Judge Sheila K. Oberto on 5/16/2023. CASE CLOSED. (Lundstrom, T) [Transferred from California Eastern on 5/23/2023.]
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| SERVICE BY MAIL: #4 Order, Case Transferred Out to Another District served on David Brian Harry. (Lundstrom, T) [Transferred from California Eastern on 5/23/2023.] |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 6/20/2023. (Attachments: #1 Litigant Letter) (Lundstrom, T) [Transferred from California Eastern on 5/23/2023.] |
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Filing 2
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to David Harry signed by Magistrate Judge Sheila K. Oberto on 5/15/2023. (Lundstrom, T) [Transferred from California Eastern on 5/23/2023.]
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| Filing 1 PETITION for WRIT of HABEAS CORPUS against Warden, Valley State Prison by David Brian Harry.(Lundstrom, T) [Transferred from California Eastern on 5/23/2023.] |
| SERVICE BY MAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider, #2 Order Authorizing IFP Status served on David Brian Harry. (Lundstrom, T) [Transferred from California Eastern on 5/23/2023.] |
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