Beau Burnette v. Kevin Hixon
| Beau Burnette |
| Kevin Hixon |
| 5:2024cv00372 |
| February 16, 2024 |
| US District Court for the Central District of California |
| Fernando M Olguin |
| Rozella A Oliver |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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Filing 7
ORDER OF DISMISSAL OR REMAND by Judge Fernando M. Olguin. This case is HEREBY ORDERED DISMISSED without prejudice. Case Terminated. Made JS-6. (iv)
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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 Fernando M. Olguin and referred to Magistrate Judge Rozella A. Oliver, 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 4 ORIGINAL file, certified copy of transfer order and docket sheet received from California Southern |
| Filing 5 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 (2254), #1 (lh) |
| Filing 3 Case transferred to District of Central District of California, Eastern Division.. Files transferred electronically to: *District of Central District of California, Eastern Division.*.*3470 Twelfth Street, Room 134**Riverside, CA 92501* (All non-registered users served via U.S. Mail Service)(exs) [Transferred from California Southern on 2/19/2024.] |
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Filing 2
Minute Order by Judge Jinsook Ohta: The Court finds that it does not have jurisdiction over the instant habeas action because the Petition attacks a judgment of conviction that was entered in the Riverside County Superior Court, see ECF No. 1 at 1, which is within the jurisdictional boundaries of the United States District Court for the Central District of California, Eastern Division. 28 U.S.C. 84(c)(1). Accordingly, the Court ORDERS the Clerk of this Court to transfer this matter to the United States District Court for the Central District of California, Eastern Division. See 28 U.S.C. 2241(d); Miller v. Hambrick, 905 F.2d 259, 262 (9th Cir. 1990) ("Under a provision of the Federal Courts Improvement Act, 28 U.S.C. 1631, if a court finds that there is a want of jurisdiction the court shall transfer the action to any other such court in which the action could have been brought if it is in the interest of justice." (internal quotation marks and citations omitted)); Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 493-4, 97, 499 n.15 (1973) (recognizing that the district of conviction is ordinarily the more convenient forum for a federal habeas corpus action because of the availability of evidence, records, and witnesses). It is FURTHER ORDERED that the Clerk of this Court serve a copy of this Order upon Petitioner and upon the California Attorney General. Signed by Judge Jinsook Ohta on 02/08/2024.(All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (cem) (Copies mailed to petitioner, CA Atty General and cc to USM) (exs). [Transferred from California Southern on 2/19/2024.]
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| Filing 1 Petition for Writ of Habeas Corpus against Kevin Hixon (Filing fee $ 5, Fee Not Paid, IFP Not Filed.), filed by Beau Burnette. (Attachments: #1 Civil Cover Sheet)The new case number is 3:24-cv-231-JO-DDL. Judge Jinsook Ohta and Magistrate Judge David D. Leshner are assigned to the case.(bdc) (anh). [Transferred from California Southern on 2/19/2024.] |
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| Petitioner: Beau Burnette | |
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| Respondent: Kevin Hixon | |
| Represented By: | Attorney General |
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