(HC)Avila Gutierrez v. Warden F.C.I. Herlong
Petitioner: Juan Avila Gutierrez
Respondent: Warden F.C.I. Herlong
Case Number: 2:2023cv00646
Filed: April 6, 2023
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Allison Claire
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2023 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Allison Claire on 5/23/2023 GRANTING #5 Motion to Proceed IFP. The petition fails to state a claim upon which relief may be granted and will not be served. Within 30 days of the service of this order, petitioner may file an amended petition. Failure to file an amended petition will result in a recommendation that this action be dismissed. The Clerk of the Court is DIRECTED to send petitioner the court's form petition for writ of habeas corpus under 28 U.S.C. 2241.(Huang, H)
May 24, 2023 Opinion or Order SERVICE BY MAIL: #6 Order and 2241 Application served on Juan Avila Gutierrez. (Huang, H)
May 4, 2023 Opinion or Order Filing 5 MOTION to PROCEED IN FORMA PAUPERIS by Juan Avila Gutierrez. (Perdue, C.)
April 17, 2023 Opinion or Order Filing 4 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. (Vij, M)
April 12, 2023 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Allison Claire on 4/11/2023 ORDERING that Petitioner shall submit, within 30 days from the date of this order, an application in support of a request to proceed in forma pauperis or the appropriate filing fee. The Clerk of the Court is DIRECTED to send petitioner a copy of the in forma pauperis form used by this district.(Huang, H)
April 12, 2023 Opinion or Order SERVICE BY MAIL: #3 Order and IFP form served on Juan Avila Gutierrez. (Huang, H)
April 10, 2023 Opinion or Order Filing 2 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/15/2023. (Attachments: #1 Litigant Letter) (Mena-Sanchez, L)
April 10, 2023 Opinion or Order SERVICE BY MAIL: #2 Prisoner New Case Documents for Magistrate Judge as Presider served on Juan Avila Gutierrez. (Mena-Sanchez, L)
April 6, 2023 Opinion or Order Filing 1 2241 PETITION for WRIT of HABEAS CORPUS against Warden F.C.I. Herlong by Juan Avila Gutierrez.(Mena-Sanchez, L)

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Petitioner: Juan Avila Gutierrez
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Respondent: Warden F.C.I. Herlong
Represented By: Bureau of Prisons Regional Counsel
Represented By: US Attorney's Office- 2241 Unit
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