Benito Miranda Hernandez v. Martin Gamboa
| Benito Miranda Hernandez |
| Martin Gamboa |
| 8:2022cv00470 |
| March 29, 2022 |
| US District Court for the Central District of California |
| Charles F Eick |
| George H Wu |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 NOTICE of Filing of California Supreme Court Petition filed by Petitioner Benito Miranda Hernandez. (Attachments: #1 Supreme Court Petition, #2 Opening Brief, #3 Exhs. 1-9, #4 Exhs. 10-23)(vmun) |
Filing 14
ORDER GRANTING MOTION FOR A STAY by Judge George H. Wu: The Motion for a Stay is granted. Within twenty-eight (28) days of the date of this Order, Petitioner shall file a petition for writ of habeas corpus in the California Supreme Court containing all of Petitioner's unexhausted claims.8 Within fourteen (14) days of filing the California Supreme Court habeas corpus petition, Petitioner shall file in this Court a Notice of Filing of California Supreme Court Petition and a copy of the California Supreme Court habeas petition. Furthermore, Petitioner shall notify this Court in writing of the California Supreme Court's ruling on the petition within twenty-eight (28) days of the date the California Supreme Court rules. Failure timely to comply with this Order may result in the dismissal of this action. Granting #3 MOTION to Stay Case. [See Order for details.] (es)
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| Filing 13 NOTICE OF LODGING filed re Objection/Opposition (Motion related) #12 (Attachments: #1 Lodgment No. 1, #2 Lodgment No. 2, #3 Lodgment No. 3, #4 Lodgment No. 4, #5 Lodgment No. 5, #6 Lodgment No. 6, #7 Lodgment No. 7)(Rhodes, Sharon) |
| Filing 12 Opposition to Motion for Stay and Abeyance for Habeas Corpus Petition re: NOTICE OF MOTION AND MOTION to Stay Case #3 filed by Respondent Martin Gamboa. (Rhodes, Sharon) |
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Filing 11
ORDER by Magistrate Judge Charles F. Eick granting #10 APPLICATION for Extension of Time to Answer. IT IS HEREBY ORDERED that, good cause having been shown, Respondent is granted an extension of time through June 24, 2022, in which to file an Answer to the Petition for Writ of Habeas Corpus. (vmun)
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| Filing 10 APPLICATION to Extend Time to File Answer to 6/24/2022 re Petition for Writ of Habeas Corpus (2254) #1 filed by Respondent Martin Gamboa. (Attachments: #1 Proposed Order) (Rhodes, Sharon) |
| Filing 9 FINANCIAL ENTRY: Received $5.00 from Benito Miranda Hernandez. Re: Petition for Writ of Habeas Corpus (2254) #1 . Receipt number LA236917. (dl) |
| Filing 8 NOTICE of Appearance filed by attorney Sharon L. Rhodes on behalf of Respondent Martin Gamboa (Attorney Sharon L. Rhodes added to party Martin Gamboa(pty:res))(Rhodes, Sharon) |
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Filing 7
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 Respondents attorneys, a copy of every future pleading or other document submitted for consideration by the Court. (vmun)
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Filing 6
ORDER REQUIRING ANSWER TO PETITION AND RESPONSE TO MOTION FOR STAY by Magistrate Judge Charles F. Eick. IT IS HEREBY ORDERED that Respondent file an Answer to the Petition and response to the Motion within 23 days of the date of this Order. All lodged documents must be 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. (See document for further details) (Attachments: #1 Petition, #2 Motion to Stay, #3 Opening Brief, #4 Consent to Magistrate Judge, #5 Notice of Reference) (vmun)
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| Filing 5 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge George H. Wu and referred to Magistrate Judge Charles F. Eick, 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 4 PETITIONER'S OPENING BRIEF, filed by Petitioner Benito Miranda Hernandez. regarding Petition for Writ of Habeas Corpus (2254) #1 . (lh) |
| Filing 3 MOTION for Stay and Abeyance for Habeas Corpus Petition, filed by Petitioner Benito Miranda Hernandez. (lh) |
| Filing 2 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Benito Miranda Hernandez. The Petitioner does not consent. (lh) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254). Case assigned to Judge George H. Wu and referred to Magistrate Judge Charles F. Eick. (Filing Fee $5 DUE), filed by Petitioner Benito Miranda Hernandez. (lh) |
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| Petitioner: Benito Miranda Hernandez | |
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| Respondent: Martin Gamboa | |
| Represented By: | Sharon L. Rhodes |
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