Sean Joseph Scanlan v. Marcus Pollard
| Sean Joseph Scanlan |
| Marcus Pollard |
| 8:2021cv00397 |
| March 2, 2021 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Margo A Rocconi |
| Michael R Wilner |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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Filing 10
MINUTE ORDER (In Chambers) ORDER RE: REQUEST FOR STAY by Magistrate Judge Margo A. Rocconi: This is a state habeas action. Pursuant to the Court's request for a clarification or filing a proposed amended petition, Sean Joseph Scanlan ("Petitioner") filed an explanation, ECF Docket No. ("Dkt.") 7, and filed a proposed First Amended Petition, which was filed on March 22, 2021 and docketed separately. See Dkt. 9. The Court finds good cause to stay the action pursuant to Rhines v. Weber, 544 U.S. 269 (2005). The federal action is therefore STAYED during the pendency of Petitioner's state case. Petitioner will immediately file a notice with the Court identifying the case number of his pending state action. He will also be required to file quarterly status reports with this Court regarding the status of the state action every 90 days beginning on May 15, 2021. [See order for details.] The Attorney General is not required to take further action in response to the First Amended Petition until further order of the Court. IT IS SO ORDERED. (es)
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| Filing 8 FINANCIAL ENTRY: Received $5.00 from Sean J. Scanlan. Re: Petition for Writ of Habeas Corpus (2254) #1 . Receipt number LA220201. (jo) |
| Filing 9 FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Respondent Marcus Pollard amending Petition for Writ of Habeas Corpus (2254) #1 , filed by petitioner Sean Joseph Scanlan(es) |
| Filing 7 Petitioners Clarification filed by petitioner Sean Joseph Scanlan. (es) |
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Filing 6
ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ 21-025 by Magistrate Judge Paul L. Abrams. Pursuant to the recommended procedure adopted by the Court for the CREATION OF THE CALENDAR of Magistrate Judge Margo A. Rocconi, this case is transferred from the calendar of Magistrate Judge Michael R. Wilner to the calendar of Magistrate Judge Margo A. Rocconi for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation 8:21-CV-00397-CJC-MAR absent further order of the Court. (aco)
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| Filing 5 NOTICE OF APPEARANCE of California Attorney General Office Vincent P. LaPietra on behalf of Respondent Marcus Pollard. (Attorney Vincent P LaPietra added to party Marcus Pollard(pty:res))(LaPietra, Vincent) |
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Filing 4
ORDER RE: NEW HABEAS ACTION by Magistrate Judge Michael R. Wilner. The Court will rule on the request if he submits either: a clear statement explaining that his currently pled claims are the subject of future exhaustion proceedings in state court; or a proposed amended petition laying out his new, unexhausted claims. In the interests of justice, the Court will give Petitioner until April 16. (See Minute Order for further details) 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 Consent Form) (vm)
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| Filing 3 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 Michael R. Wilner, 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 CV111) (esa) |
| Filing 2 CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by petitioner Sean Joseph Scanlan. (esa) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Cormac J. Carney and referred to Magistrate Judge Michael R. Wilner, (Filing fee due), filed by petitioner Sean Joseph Scanlan. (esa) |
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| Respondent: Marcus Pollard | |
| Represented By: | Vincent P LaPietra |
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| Petitioner: Sean Joseph Scanlan | |
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