(HC)Viera v. Peery
Petitioner: Daniel Hector Viera
Respondent: Suzanne M. Peery
Case Number: 2:2019cv01965
Filed: September 27, 2019
Court: U.S. District Court for the Eastern District of California
Presiding Judge: Allison Claire
Referring Judge: William B Shubb
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on October 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2019 Opinion or Order Filing 15 JUDGMENT dated *10/29/19* pursuant to order signed by Senior Judge William B. Shubb on 10/28/19. (Kaminski, H)
October 29, 2019 Opinion or Order Filing 14 ORDER signed by Senior Judge William B. Shubb on 10/28/19 ADOPTING #13 Findings and Recommendations. This action is dismissed without prejudice. (Kaminski, H)
October 29, 2019 SERVICE BY MAIL: #15 Judgment, #14 Order, served on Daniel Hector Viera. (Kaminski, H)
October 1, 2019 Opinion or Order Filing 13 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/1/2019 ORDERING Clerk of Court to randomly assig a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
October 1, 2019 Filing 12 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY) pursuant to Order and Findings and Recommendations, this case has been assigned to Senior Judge William B. Shubb and Magistrate Judge Allison Claire. The new case number is: 2:19-cv-1965 WBS AC (HC). (Henshaw, R)
September 27, 2019 Filing 11 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 10/31/2019. (Attachments: #1 Order re Consent) (Sant Agata, S)
September 27, 2019 Filing 10 CASE TRANSFERRED IN from District of California Northern; Case Number 3:19-cv-04743.
September 26, 2019 Case electronically transferred to the Eastern District of California. (fabS, COURT STAFF) (Filed on 9/26/2019) [Transferred from cand on 9/27/2019.]
September 25, 2019 Opinion or Order Filing 9 ORDER TRANSFERRING CASE TO THE EASTERN DISTRICT OF CALIFORNIA. The petitioner says that he filed his habeas petition in this district by mistake, that he meant to file it in the Eastern District of California, that venue is proper there, and that this action should be transferred there. ECF No. #6 . The respondent has no objection to transfer. ECF No. #8 . The court orders this action to be transferred to the Eastern District of California. (The respondent also says that the habeas petition here is identical to a habeas petition already filed in the Eastern District in Viera v. Peery, No. 2:19-cv-01573-DMC (E.D. Cal. filed Aug. 13, 2019), and thus this action could be dismissed outright instead of being transferred. The court transfers this action for now and defers to the Eastern District to decide whether dismissal is thereafter appropriate.) Signed by Judge Laurel Beeler on September 25, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1S, COURT STAFF) (Filed on 9/25/2019) [Transferred from cand on 9/27/2019.]
September 24, 2019 Filing 8 Statement of Non-Opposition to Transfer by Suzanne M. Peery. (Thayer, Jill) (Filed on 9/24/2019) [Transferred from cand on 9/27/2019.]
September 20, 2019 Opinion or Order Filing 7 ORDER CALLING FOR RESPONDENT'S POSITION WHETHER THIS ACTION SHOULD BE TRANSFERRED TO THE EASTERN DISTRICT OF CALIFORNIA. Petitioner Daniel Hector Viera says that he filed his habeas petition in this district by mistake, that he meant to file it in the Eastern District of California, and that this action should be transferred there. Venue appears to be proper there, and absent any objection, the court will transfer this action there. The court orders the respondent to submit by September 27, 2019 her position on whether this action should be transferred. Signed by Judge Laurel Beeler on 9/20/2019. (Attachments: #1 Certificate/Proof of Service)(ejkS, COURT STAFF) (Filed on 9/20/2019) [Transferred from cand on 9/27/2019.]
September 13, 2019 Filing 6 NOTICE by Daniel Hector Viera of Action Pending in Eastern District involving Same Parties / Subject Matter(Civil L.R. 3.13) (Daryani, Manisha) (Filed on 9/13/2019) [Transferred from cand on 9/27/2019.]
September 12, 2019 Filing 5 CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/26/2019. (ejkS, COURT STAFF) (Filed on 9/12/2019) [Transferred from cand on 9/27/2019.]
August 28, 2019 Filing 4 CLERK'S NOTICE Re: Consent or Declination: Petitioner shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/11/2019. (ejkS, COURT STAFF) (Filed on 8/28/2019) [Transferred from cand on 9/27/2019.]
August 16, 2019 *** Copy of #1 Petition, #3 Order, and Consent/Declination to a Magistrate Judge form mailed to Respondent and CA State Attorney General*** (fabS, COURT STAFF) (Filed on 8/16/2019) [Transferred from cand on 9/27/2019.]
August 15, 2019 Opinion or Order Filing 3 ORDER TO SHOW CAUSE. As set forth in the attached order, the court directs respondent Suzanne M. Peery to file an answer to petitioner Daniel Hector Viera's habeas petition by September 5, 2019. If Mr. Viera wishes to respond to the answer, he must do so by filing a traverse by September 26, 2019. Habeas Answer due by 9/5/2019. Traverse due by 9/26/2019. Signed by Judge Laurel Beeler on 8/15/2019. (Attachments: #1 Certificate/Proof of Service)(ejkS, COURT STAFF) (Filed on 8/15/2019) [Transferred from cand on 9/27/2019.]
August 13, 2019 Filing 2 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/27/2019. (bwS, COURT STAFF) (Filed on 8/13/2019) [Transferred from cand on 9/27/2019.]
August 13, 2019 Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number 0971-13607114.). Filed byDaniel Hector Viera. (Attachments: #1 Civil Cover Sheet)(Beles, Robert) (Filed on 8/13/2019) [Transferred from cand on 9/27/2019.]

Access additional case information on PACER

Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: (HC)Viera v. Peery
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Daniel Hector Viera
Represented By: Robert Joseph Beles
Represented By: Manisha Daryani
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Suzanne M. Peery
Represented By: Jill Marietta Thayer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?