Francisco Melgar-Cabrera v. B. Lammer
Petitioner: Francisco Melgar-Cabrera
Respondent: Warden B. Lammer
Case Number: 5:2023cv02362
Filed: November 16, 2023
Court: US District Court for the Central District of California
Presiding Judge: John W Holcomb
Referring Judge: Brianna Fuller Mircheff
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 2, 2024 Opinion or Order Filing 10 ORDER ON REQUEST TO PROCEED IN FORMA PUAPERIS #8 by Judge John W. Holcomb. IT IS HEREBY ORDERED that: The ruling on the Request is POSTPONED for 30 days so that Petitioner may provide additional information. IT IS FURTHER ORDERED that within 30 days of the date of this Order, Petitioner must file the certificate as described. (yl)
January 2, 2024 Opinion or Order Filing 9 MINUTES (IN CHAMBERS) Order Re: Motion Requesting Correction of Clerical Error (ECF No. 7) by Magistrate Judge Brianna Fuller Mircheff. The Court has reviewed Petitioner's Motion Requesting Correction of Clerical Error filed December 15, 2023. (ECF No. 7.) In his Motion, Petitioner says that he had included a request to proceed in forma pauperis ("IFP") in his original submission and that it was mistakenly docketed as part of the Petition, ECF No. 1. He says that the Court should therefore not have issued a discrepancy notice regarding his failure to pay the filing fee or to apply to proceed without payment of the fee. Petitioner also submitted a copy of his IFP application. The Court has now separately docketed his IFP application as ECF No. 8. Because it appears that is the only relief he requested in his Motion, his Motion (ECF No. 7) is GRANTED. The District Judge assigned to his case will decide his IFP application in a separate order. IT IS SO ORDERED. granting #7 MOTION for Order (ch)
December 15, 2023 Filing 8 MOTION REQUESTING LEAVE TO PROCEED IN FORMA PAUPERIS IN PROCEEDING BROUGHT UNDER TITLE 28. U.S.C SECTION 2241 Leave to Proceed In Forma Pauperis filed by Plaintiff Francisco Melgar-Cabrera. (yl)
December 15, 2023 Filing 7 MOTION Requesting Correction of Clerical Error filed by Petitioner Francisco Melgar-Cabrera. (es)
December 1, 2023 Opinion or Order Filing 6 MINUTES (IN CHAMBERS) Order Re: Motion for the Appointment of Counsel (ECF No. 3) by Magistrate Judge Brianna Fuller Mircheff. At this stage, the Court does not believe that the standard for appointment of counsel is met and will thus DENY the Petitioner's request. SEE ORDER FOR DETAILS. (ch)
November 25, 2023 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 W. Holcomb and referred to Magistrate Judge Brianna Fuller Mircheff, 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. (et)
November 17, 2023 Filing 4 Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111). Upon submission of your petition for writ of habeas corpus, it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the Request to Proceed Without Prepayment of Filing Fees with Declaration in Support form (CV-60P) attached. You may return your fee waiver and/or payment to any of the Courthouses listed on this notice. If you do not respond within THIRTY DAYS from the date below, your action may be dismissed. Re: Petition for Writ of Habeas Corpus (2241) #1 . (et)
November 16, 2023 Filing 3 MOTION for Appointment of Counsel to assist Petitioner in the Current Petition brought title 28 USC 2241(c)(3) filed by Petitioner Francisco Melgar-Cabrera. (et)
November 16, 2023 Filing 2 MEMORANDUM of Points and Authorities in Support filed by Petitioner Francisco Melgar-Cabrera. Re: Petition for Writ of Habeas Corpus (2241) #1 . (et)
November 16, 2023 Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge John W. Holcomb and referred to Magistrate Judge Brianna Fuller Mircheff. (Filing fee $ 5 FEE DUE.), filed by Petitioner Francisco Melgar-Cabrera. (et)

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Petitioner: Francisco Melgar-Cabrera
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Respondent: Warden B. Lammer
Represented By: Assistant 2241-194 US Attorney LA-CV
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