Victor Hugo Tapia v. Debbie Asuncion
Petitioner: Victor Hugo Tapia
Respondent: Debbie Asuncion
Case Number: 8:2017cv00371
Filed: March 1, 2017
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: Karen L Stevenson
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 5, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2017 Opinion or Order Filing 20 Order by Judge Cormac J. Carney denying certificate of appealability. (mat)
July 5, 2017 Opinion or Order Filing 19 JUDGMENT by Judge Cormac J. Carney, Related to: Petition for Writ of Habeas Corpus #1 . Pursuant to the Court's Order Accepting Findings and Recommendations of United States Magistrate Judge, IT IS ADJUDGED that this action is dismissed with prejudice. #18 (MD JS-6, Case Terminated). (gr)
July 5, 2017 Opinion or Order Filing 18 ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Cormac J. Carney. Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition for Writ of Habeas Corpus ("Petition"), the Motion to Dismiss ("Motion") and related briefing, the Report and Recommendation of United States Magistrate Judge ("Report"), Petitioner's Objections to the Magistrate Judge's Report and Recommendation ("Objections"), and Respondent's Response to Petitioner's Objections ("Response").Having completed its review, the Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: (1) the Motion is GRANTED; (2) the Petition is DENIED; and (3) Judgment shall be entered dismissing this action with prejudice. #7 (SEE ORDER FOR FURTHER INFORMATION) (gr)
June 28, 2017 Opinion or Order Filing 17 NOTICE OF LODGING filed re Response #16 (Attachments: #1 Supp. Lodgment 7)(LaPietra, Vincent)
June 28, 2017 Opinion or Order Filing 16 RESPONSE filed by Respondent Debbie Asuncionto Minutes of In Chambers Order/Directive-form only-no proceeding held, #15 , Response in Opposition to Motion #13 (LaPietra, Vincent)
June 20, 2017 Opinion or Order Filing 15 MINUTE ORDER IN CHAMBERS by Magistrate Judge Karen L. Stevenson. re: Report and Recommendation (Issued) #11 , Response in Opposition to Motion #13 .On May 22, 2017, United States Magistrate Judge Karen L. Stevenson issued a Report and Recommendation. On June 14, 2017, Petitioner filed objections to that Report. IT IS HEREBY ORDERED that Respondent shall file a Response to Petitioners objections no later than July 5, 2017. (rh)
June 19, 2017 Opinion or Order Filing 14 Notice Update: Judge Stevenson will conduct all Court appearances in Courtroom 580, 5th floor located at the Roybal Federal Building, 255 E. Temple Street, Los Angeles, California 90012. Please update your records to reflect this change. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
June 14, 2017 Opinion or Order Filing 13 OPPOSITION TO RESPONDENT'S MOTION TO DISMISS filed by Petitioner Victor Hugo Tapia. (Lynn, Jonathan)
June 5, 2017 Opinion or Order Filing 12 Effective June 8, 2017, Judge Stevenson will be located at the Edward R. Roybal Federal Building, Suite 8100, on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 570 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
May 22, 2017 Opinion or Order Filing 11 REPORT AND RECOMMENDATION issued by Magistrate Judge Karen L. Stevenson. Re Petition for Writ of Habeas Corpus (2254) #1 , NOTICE OF MOTION AND MOTION to Dismiss Case #7 (rh)
May 22, 2017 Opinion or Order Filing 10 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Karen L. Stevenson and Lodging of Proposed Judgment and Order. Objections to R&R due by 6/12/2017 (rh)
April 19, 2017 Opinion or Order Filing 9 OPPOSITION to Respondent's Motion to Dismiss filed by Petitioner Victor Hugo Tapia. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Attorney Jonathan M Lynn added to party Victor Hugo Tapia(pty:pet))(Lynn, Jonathan)
April 13, 2017 Opinion or Order Filing 8 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #7 (Attachments: #1 Lod 1, #2 Lod 2, #3 Lod 3, #4 Lod 4, #5 Lod 5, #6 Lod 6)(LaPietra, Vincent)
April 13, 2017 Opinion or Order Filing 7 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondent Debbie Asuncion. (Attachments: #1 Memorandum of Points and Authorites) (LaPietra, Vincent)
March 10, 2017 Opinion or Order Filing 6 NOTICE OF APPEARANCE of California Attorney General Office Vincent P. LaPietra on behalf of Respondent Debbie Asuncion. (Attachments: #1 Declaration of Service)(Attorney Vincent P LaPietra added to party Debbie Asuncion(pty:res))(LaPietra, Vincent)
March 3, 2017 Opinion or Order Filing 5 ORDER REQUIRING RESPONSE TO PETITION by Magistrate Judge Karen L. Stevenson. that Respondent Debbie Asuncion file Answer to the Petition not later than 5/22/2017. 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. Motions to Dismiss shall be filed by 4/20/2017. Within 14 days of the date of this order, Respondent shall file and serve a notice of appearance designating the Deputy Attorney General(s) assigned to this case. ( SEE ORDER FOR FURTHER DETAILS) (Attachments: #1 Petition, #2 Memorandum, #3 Consent) (sbu)
March 1, 2017 Opinion or Order Filing 4 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Cormac J. Carney and referred to Magistrate Judge Karen L. Stevenson, 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. (jtil)
March 1, 2017 Opinion or Order Filing 3 ELECTION REGARDING CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Victor Hugo Tapia. (jtil)
March 1, 2017 Opinion or Order Filing 2 MEMORANDUM OF LAW IN SUPPORT filed by Petitioner Victor Hugo Tapia Re: Petition for Writ of Habeas Corpus (2254) #1 . (jtil)
March 1, 2017 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254), filed by Petitioner Victor Hugo Tapia. Case assigned to Judge Cormac J. Carney and referred to Magistrate Judge Karen L. Stevenson. (jtil)

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Petitioner: Victor Hugo Tapia
Represented By: Jonathan M. Lynn
Represented By: Stephen D. Klarich
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Respondent: Debbie Asuncion
Represented By: Vincent P LaPietra
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