(HC) Biagas v. State of California, et al.
Petitioner: Vincent James Biagas and Vincent James Biagas, Sr.
Respondent: Folsom State Prison, State of California, Gavin Newsom, Sacramento County Superior Court and State of California Department of Corrections and Rehabilitation
Case Number: 2:2021cv00109
Filed: January 20, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: Carolyn K Delaney
Referring Judge: Kimberly J Mueller
Nature of Suit: Mandamus & Other
Cause of Action: 28:1651
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2021 Filing 17 OBJECTIONS to #16 Findings and Recommendations by Petitioner Vincent James Biagas, Sr. (Coll, A)
February 10, 2021 SERVICE BY MAIL: #16 Order and Findings and Recommendations served on Vincent James Biagas Sr. (Henshaw, R)
February 10, 2021 Opinion or Order Filing 16 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney GRANTING #8 Motion to Proceed IFP; ORDERING Clerk assign a district court judge to this case; and RECOMMENDING #1 "Petition for a Writ of Mandate" be dismissed and this case be closed. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
February 10, 2021 Filing 15 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Kimberly J. Mueller and Magistrate Judge Carolyn K. Delaney. The new case number is: 2:21-cv-0109 KJM CKD (HC). (Henshaw, R)
February 1, 2021 Filing 14 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Coll, A)
January 28, 2021 Filing 13 DECLARATION of Vincent James Biagas. (Coll, A)
January 21, 2021 SERVICE BY MAIL: #12 Prisoner New Case Documents for Magistrate Judge as Presider served on Vincent James Biagas. (Plummer, M)
January 20, 2021 Filing 12 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/22/2021. (Attachments: #1 Litigant Letter) (Lundstrom, T)
January 20, 2021 Filing 11 CASE TRANSFERRED IN from District of California Northern; Case Number 1:20-cv-05482.
January 20, 2021 Case electronically transmitted to the Eastern District of California (slhS, COURT STAFF) (Filed on 1/20/2021) [Transferred from cand on 1/20/2021.]
January 19, 2021 Opinion or Order Filing 10 Order by Magistrate Judge Robert M. Illman vacating #8 Motion for Leave to Proceed in forma pauperis. It is FURTHER ORDERED that, for the reasons stated herein, this case is TRANSFERRED to the United States District Court for the Eastern District of California. (rmilc2S, COURT STAFF) (Filed on 1/19/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/20/2021.]
December 11, 2020 Filing 9 Declaration filed by Vincent James Biagas. (slhS, COURT STAFF) (Filed on 12/11/2020) [Transferred from cand on 1/20/2021.]
December 2, 2020 Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Vincent James Biagas. (Attachments: #1 Envelope)(slhS, COURT STAFF) (Filed on 12/2/2020) [Transferred from cand on 1/20/2021.] .
November 18, 2020 Blank IFP application mailed to plaintiff (slhS, COURT STAFF) (Filed on 11/18/2020) [Transferred from cand on 1/20/2021.]
November 16, 2020 Opinion or Order Filing 7 ORDER: On August 7, 2020, Plaintiff was provided twenty-eights days to either pay the filing fee or submit an application to proceed in forma pauperis (IFP). The time has passed and Plaintiff has failed to do either. It is herewith ORDERED that Plaintiff must either pay the filing fee, or he must submit a completed IFP application, within fourteen days of service of this Order. Failure to do so may result in the dismissal of this case. The Clerk of Court is directed to send Plaintiff a blank IFP application. (rmilc2S, COURT STAFF) (Filed on 11/16/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/20/2021.]
October 7, 2020 Filing 6 Declaration of Vincent James Biagas filed byVincent James Biagas. (Attachments: #1 Envelope)(mclS, COURT STAFF) (Filed on 10/7/2020) [Transferred from cand on 1/20/2021.]
September 8, 2020 Filing 5 Declaration filed by Vincent James Biagas re grievance claims and independent investigation. (Attachments: #1 Envelope)(slhS, COURT STAFF) (Filed on 9/8/2020) [Transferred from cand on 1/20/2021.]
August 28, 2020 Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Vincent James Biagas. (wsnS, COURT STAFF) (Filed on 8/28/2020) [Transferred from cand on 1/20/2021.]
August 21, 2020 Docket corrected to show that the CDCR facility where plaintiff is located is CSP-LAC; docket had shown New Folsom, which did not match mailing address. (ljf, COURT STAFF) (Filed on 8/21/2020) [Transferred from cand on 1/20/2021.]
August 21, 2020 Filing 3 Notice of Assignment of Prisoner Case to Magistrate Judge (slhS, COURT STAFF) (Filed on 8/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/20/2021.]
August 7, 2020 Filing 2 CLERK'S NOTICE re completion of In Forma Pauperis affidavit or payment of filing fee due within 28 days. IFP Form due by 9/14/2020. (slhS, COURT STAFF) (Filed on 8/7/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/20/2021.]
August 7, 2020 Filing 1 PETITION for Writ of Mandamus (Filing fee: IFPP). Filed by Vincent James Biagas. (Attachments: #1 Envelope, #2 Envelope)(slhS, COURT STAFF) (Filed on 8/7/2020) [Transferred from cand on 1/20/2021.]

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Respondent: Folsom State Prison
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Respondent: State of California
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Respondent: Gavin Newsom
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Respondent: Sacramento County Superior Court
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Respondent: State of California Department of Corrections and Rehabilitation
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Petitioner: Vincent James Biagas
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Petitioner: Vincent James Biagas, Sr.
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