Viera v. Peery
| Daniel Hector Viera |
| Warden Suzanne M Perry and Suzanne M. Peery |
| 3:2019cv04743 |
| August 13, 2019 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Case electronically transferred to the Eastern District of California as case number 2:19-cv-01965. (fabS, COURT STAFF) (Filed on 9/26/2019) Modified on 10/1/2019 (fabS, COURT STAFF). |
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)
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| Filing 8 Statement of Non-Opposition to Transfer by Suzanne M. Peery. (Thayer, Jill) (Filed on 9/24/2019) |
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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)
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| 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) |
| 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) |
| 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) |
| *** 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) |
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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)
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| 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) |
| 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) |
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