(HC) Gutierrez Jr. v. Smith et al
Petitioner: Jesus Gutierrez Jr.
Respondent: Oak Smith and People of the State of California
Case Number: 2:2023cv00712
Filed: April 18, 2023
Court: US District Court for the Eastern District of California
Presiding Judge: Kimberly J Mueller
Referring Judge: Jeremy D Peterson
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2023 Opinion or Order Filing 15 ORDER RELATING CASE signed by Chief District Judge Kimberly J. Mueller on 05/18/2023 REASSIGNING 2:23-cv-00920-DB from Magistrate Judge Barnes to Magistrate Judge Jeremy D. Peterson and to District Judge Kimberly J. Mueller. Henceforth, the caption on documents filed in the reassigned case shall be shown as: 2:23-cv-00920-KJM-JDP. (Rodriguez, E)
May 17, 2023 Filing 14 NOTICE of RELATED CASE(S) 2:23-cv-00920-DB by Jesus Gutierrez Jr. (Beles, Robert)
May 4, 2023 Filing 13 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Kimberly J. Mueller and Magistrate Judge Jeremy D. Peterson. The new case number is: 2:23-cv-0712 KJM JDP (HC). (Spichka, K.)
May 3, 2023 Filing 12 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. (Thayer, Jill)
April 24, 2023 Filing 11 DOCUMENT(S) SERVED ELECTRONICALLY: #1 Petition for Writ of Habeas Corpus served on Tami Krenzin pursuant to #9 Order Directing Respondent to File a Response to the Petition. (Spichka, K.)
April 24, 2023 Opinion or Order Filing 10 ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Jeremy D. Peterson on 04/24/2023. Consent or Decline due by 5/30/2023. (cc: Tami Krenzin) (Spichka, K.)
April 24, 2023 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Jeremy D. Peterson on 04/24/2023 DIRECTING RESPONDENT to File a Response to Petition within 60 days from the date of this order. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General. Consent or Decline due by 6/26/2023. (cc: Tami Krenzin) (Spichka, K.)
April 18, 2023 Filing 8 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/22/2023. (Attachments: #1 Consent Form) (Marrujo, C)
April 18, 2023 Filing 7 CASE TRANSFERRED IN from District of California Northern; Case Number 4:23-cv-01372.
April 13, 2023 Opinion or Order Filing 6 ORDER TRANSFERRING CASE to the United States District Court for the Eastern District of California, denying as moot #3 Administrative Motion to Relate Case to Johnson v. Allen, No. 1:23-cv-01374-RMI filed by Jesus Gutierrez Jr. Signed by Chief Magistrate Judge Donna M. Ryu on 4/13/2023. (dmrlc1, COURT STAFF) (Filed on 4/13/2023) [Transferred from cand on 4/18/2023.]
April 7, 2023 Filing 5 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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 4/21/2023. (ig, COURT STAFF) (Filed on 4/7/2023) [Transferred from cand on 4/18/2023.]
March 24, 2023 Filing 4 Civil Cover Sheet by Jesus Gutierrez Jr. . (Beles, Robert) (Filed on 3/24/2023) [Transferred from cand on 4/18/2023.]
March 24, 2023 Filing 3 Administrative Motion to Relate Case (to Johnson v. Allen, no. No. 1:23-cv-01374-RMI) filed by Jesus Gutierrez Jr.. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Beles, Robert) (Filed on 3/24/2023) Modified on 3/27/2023 (anj, COURT STAFF). [Transferred from cand on 4/18/2023.]
March 24, 2023 #Electronic filing error. No Venue chosen. Please re-file only the CIVIL COVER SHEET. Re: #1 Petition for Writ of Habeas Corpus, filed by Jesus Gutierrez Jr. (anj, COURT STAFF) (Filed on 3/24/2023) [Transferred from cand on 4/18/2023.]
March 24, 2023 #Electronic filing error. NOTICE TO COUNSEL: Paul McCarthy- The docket shows a different address from what is appearing on the document. Please update your personal profile on ECF. Re: #1 Petition for Writ of Habeas Corpus, filed by Jesus Gutierrez Jr. (anj, COURT STAFF) (Filed on 3/24/2023) [Transferred from cand on 4/18/2023.]
March 23, 2023 Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/6/2023. (jml, COURT STAFF) (Filed on 3/23/2023) [Transferred from cand on 4/18/2023.]
March 23, 2023 Filing 1 PETITION for Writ of Habeas Corpus (No Process) ( Filing fee $ 5.00 receipt number ACANDC-18102646.). Filed by Jesus Gutierrez Jr.. (Attachments: #1 Civil Cover Sheet)(Beles, Robert) (Filed on 3/23/2023) Modified on 3/24/2023 (anj, COURT STAFF). [Transferred from cand on 4/18/2023.]

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Petitioner: Jesus Gutierrez Jr.
Represented By: Paul G. McCarthy
Represented By: Robert Joseph Beles
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Respondent: Oak Smith
Represented By: Jill M. Thayer
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Respondent: People of the State of California
Represented By: Jill M. Thayer
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