James Mund Diep v. LA Martinez
| James Mund Diep |
| LA Martinez |
| 8:2022cv02282 |
| December 20, 2022 |
| US District Court for the Central District of California |
| Michael R Wilner |
| Otis D Wright |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
|---|
| Filing 6 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On December 20, 2022, Petitioner filed a habeas petition #1 and a request to proceed in forma pauperis ("IFP Request") #3 . On December 27, 2022, the Court postponed ruling on the IFP Request because Petitioner had provided incomplete information. #5 . The Courts order allowed Petitioner thirty (30) days to correct the deficiencies and warned that if he did not comply the action would be dismissed. (Id.) As the date to correct the deficiencies has passed, this action is hereby DISMISSED WITHOUT PREJUDICE. (Made JS-6. Case Terminated.) (lc) |
Filing 5
ORDER ON REQUEST TO PROCEED IN FORMA PAUPERIS (HABEAS) #3 by Judge Otis D. Wright, II: On the question of indigency, the Court finds that Petitioner has not submitted enough information for the Court to tell if Petitioner is able to pay the filing fee. This is what is missing: RESPONSES TO QUESTION 1.b AND QUESTION 5, and CERTIFICATION OF AUTHORIZED OFFICER OF INSTITUTION REGARDING STATUS OF PETITIONER'S FINANCIAL ACCOUNTS. Ruling on the Request is POSTPONED for 30 days so that Petitioner may provide additional information: Within 30 days of the date of this Order Petitioner MUST SUBMIT AMENDED DECLARATION that includes: responses to questions 1.b and 5, and the certification of the Authorized Officer of Institution regarding the status of Petitioner's financial accounts.If Petitioner does not comply with these instructions within 30 days, this case will be DISMISSED without prejudice. (lc)
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| Filing 4 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Otis D. Wright, II 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. (jtil) |
| Filing 3 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Petitioner James Mund Diep. (jtil) |
| 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 James Mund Diep. (jtil) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254), filed by Petitioner James Mund Diep. Case assigned to Judge Otis D. Wright, II and referred to Magistrate Judge Michael R. Wilner. (jtil) |
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| Petitioner: James Mund Diep | |
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| Respondent: LA Martinez | |
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