Mario Alberto Rodriguez v. W. Montgomery
| Mario Alberto Rodriguez |
| W. Montgomery |
| 8:2019cv02093 |
| November 1, 2019 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Jesus G Bernal |
| Sheri Pym |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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| Document Text |
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Filing 5
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Sheri Pym, ORDERING Petition for Writ of Habeas Corpus submitted by Petitioner Mario Alberto Rodriguez received on 11/4/2019 is not to be filed but instead rejected. Denial based on: Duplicative filing. This document is identical to dkt. 1, Petition for Writ of Habeas Corpus filed on 11/1/2019. (et)
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| Filing 4 FINANCIAL ENTRY: Received $5.00 into the registry of the Court from Maria Barcenas. Re: Petition for Writ of Habeas Corpus (2254) #1 . Receipt number SA016067. (eva) |
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Filing 3
ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED AS UNEXHAUSTED by Magistrate Judge Sheri Pym. Response to Order to Show Cause due by 11/27/2019. Petitioner's Options: Option 1.) If petitioner contends that he has in fact exhausted his state court remedies on one or more of the grounds in the petition, he should clearly explain this in a response to this Order, which must be served and filed on or before November 27, 2019. Option 2.) Petitioner may request a voluntary dismissal of this action without prejudice pursuant to Federal Rule of Civil Procedure 41(a). A Notice of Dismissal form is attached for petitioner's convenience. Option 3. Petitioner may ask the court to stay all of the claims in the petition while petitioner returns to the state courts to exhaust his already pled but unexhausted claims. (SEE ORDER FOR DETAILS) (Attachments: #1 Notice of Dismissal Form) (jlo)
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| Filing 2 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym, 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-111) (lh) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254). Case assigned to Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym. (Filing Fee $ 5 PAID), filed by Petitioner Mario Alberto Rodriguez. (lh) Modified to reflect the fee paid on 11/6/2019 (eva). |
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| Respondent: W. Montgomery | |
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