Phillip Rosenblum v. Martin Biter
Petitioner: Phillip Rosenblum
Respondent: Martin Biter and Ken Clark
Case Number: 8:2019cv00758
Filed: April 25, 2019
Court: US District Court for the Central District of California
Presiding Judge: Charles F Eick
Referring Judge: James V Selna
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2019 Filing 18 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The Court is in receipt of Petitioner's "Request for and Notice of Substitution of Parties", filed 6/26/19. The Clerk is directed to substitute "Ken Clark, Warden" for "Martin Biter, Warden" as Respondent on the docket of this case, and the captions of documents subsequently filed in this case shall reflect this substitution. The documents previously filed by the Attorney General's Office are deemed to have been filed on behalf of Petitioner's present custodian, "Ken Clark, Warden." (sp)
June 26, 2019 Filing 17 REQUEST for and Notice of Substitution of Parties filed by Petitioner Phillip Rosenblum. (sp)
June 19, 2019 Filing 16 NOTICE OF LODGING filed re Return to Habeas Petition (2254) #15 (Attachments: #1 Lodgment 1 Part 1, #2 Lodgment 1 Part 2, #3 Lodgment 1 Part 3, #4 Lodgment 1 Part 4, #5 Lodgment 1 Part 5, #6 Lodgment 2 Part 1, #7 Lodgment 2 Part 2, #8 Lodgment 3 Part 1, #9 Lodgment 3 Part 2, #10 Lodgment 4, #11 Lodgment 5, #12 Lodgment 6, #13 Lodgment 7, #14 Lodgment 8, #15 Lodgment 9, #16 Lodgment 10, #17 Lodgment 11, #18 Lodgment 12, #19 Lodgment 13, #20 Lodgment 14, #21 Lodgment 15, #22 Lodgment 16, #23 Lodgment 17, #24 Lodgment 18, #25 Lodgment 19, #26 Lodgment 20, #27 Lodgment 21, #28 Lodgment 22, #29 Lodgment 23, #30 Lodgment 24, #31 Lodgment 25, #32 Lodgment 26, #33 Lodgment 27, #34 Lodgment 28, #35 Lodgment 29, #36 Lodgment 30, #37 Lodgment 31)(Delgado-Rucci, David)
June 19, 2019 Filing 15 Answer to Petition for Writ of Habeas Corpus (2254) #1 filed by Respondent Martin Biter. (Attachments: #1 Memorandum of Points and Authorities in Support of the Answer to the Petition for Writ of Habeas Corpus)(Delgado-Rucci, David)
June 19, 2019 Opinion or Order Filing 14 ORDER by Magistrate Judge Charles F. Eick:granting #13 . Good cause having been shown, Respondent's application to file a Memorandum of Points and Authorities in support of the Answer to the Petition for Writ of Habeas Corpus in excess of 25 pages is granted. (sp)
June 19, 2019 Filing 13 APPLICATION for Enlargement of Time to File A Memornadum of Points and Authorities in Excess of Twenty Five Pages filed by Respondent Martin Biter. (Attachments: #1 Answer to the Petition for Writ of Habeas Corpus, #2 Memorandum of Points and Authorities in Support of the Answer to the Petition for Writ of Habeas Corpus, #3 Proposed Order) (Delgado-Rucci, David)
May 21, 2019 Opinion or Order Filing 12 ORDER by Magistrate Judge Charles F. Eick: granting #11 . Good cause having been shown, Respondent's application for a 30 day enlargement of time in which to file an Answer is granted. Respondent shall have until 6/27/19 to file an Answer. (sp)
May 21, 2019 Filing 11 APPLICATION for Enlargement of Time to File An Answer to the Petition for Writ of Habeas Corpus filed by Respondent Martin Biter. (Attachments: #1 Proposed Order) (Delgado-Rucci, David)
May 21, 2019 Filing 10 NOTICE of Appearance filed by attorney David Delgado-Rucci on behalf of Respondent Martin Biter (Attorney David Delgado-Rucci added to party Martin Biter(pty:res))(Delgado-Rucci, David)
May 2, 2019 Opinion or Order Filing 9 ORDER by Magistrate Judge Charles F. Eick. It is Ordered that Petitioner shall serve upon Respondent or, if appearance has been entered by counsel, upon Respondent's attorneys, a copy of every future pleading or other document submitted for consideration by the Court. (sp)
May 2, 2019 Opinion or Order Filing 8 ORDER REQUIRING ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Charles F. Eick. It is Hereby Ordered that Respondent file an Answer to the Petition within 23 days of the date of this Order. All lodged documents must numbered sequentially. Each lodged document must be stapled or otherwise securely fastened, and must bear the lodgment number and case number on the first page of the document. It is Further Ordered that, if Petitioner desires to file a Reply to the Answer, Petitioner shall do so within 15 days of the date that the Answer is filed. It is Further Ordered that Respondent shall give timely notice of any court proceeding to any person who is a "crime victim" within the meaning of 18 U.S.C. section 3771. 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 Referral, #3 Minute Order, #4 Declaration, #5 Election, #6 Motion to Disqualify, #7 Memorandum - Part 1, #8 Memorandum - Part 2, #9 Memorandum - Part 3, #10 Memorandum - Part 4, #11 Memorandum - Part 5, #12 Memorandum - Part 6, #13 Memorandum - Part 7) (sp)
April 30, 2019 Filing 7 MINUTES (IN CHAMBERS) by Judge David O. Carter: Denying #4 MOTION For Disqualification. Based on the foregoing, the Court finds no reasonable person with knowledge of all the facts would conclude Judge Selnas or Judge Eicks "impartiality might reasonablybe questioned." Accordingly, the Court DENIES the Motion. (twdb)
April 29, 2019 Filing 6 REFERRAL OF MOTION to Disqualify Judge James V. Selna has been filed. Pursuant to GO 19-03 and Local Rule 72-5 NOTICE OF MOTION AND MOTION to Disqualify Judge James V Selna and Magistrate Judge Charles Eick #4 is referred to Judge David O. Carter for determination. (lwag)
April 25, 2019 Filing 5 DECLARATION of Phillip Rosenblum in support of MOTION to Disqualify Judge James V Selna Magistrate Judge Charles Eick #4 filed by Petitioner Phillip Rosenblum. (esa)
April 25, 2019 Filing 4 MOTION to Disqualify Judge James V Selna and Magistrate Judge Charles Eick filed by petitioner Phillip Rosenblum. (esa)
April 25, 2019 Filing 3 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by petitioner Phillip Rosenblum. The petitioner does not consent. (esa)
April 25, 2019 Filing 2 MEMORANDUM of Points and Authorities in Support filed by petitioner Phillip Rosenblum. Re: Petition for Writ of Habeas Corpus (2254) #1 (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7)(esa)
April 25, 2019 Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge James V. Selna and referred to Magistrate Judge Charles F. Eick, (Filing fee due), filed by petitioner Phillip Rosenblum. (esa)

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Respondent: Martin Biter
Represented By: David Delgado-Rucci
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Respondent: Ken Clark
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Petitioner: Phillip Rosenblum
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