Anthony Alvarez v. Michael A. Smelesky

Petitioner: Anthony Alvarez
Respondent: Michael A. Smelesky
Case Number: 3:2008cv02422
Filed: December 30, 2008
Court: California Southern District Court
Office: Habeas Corpus (General) Office
County: XX US, Outside State
Referring Judge: Cathy Ann Bencivengo
Presiding Judge: M. James Lorenz
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
August 24, 2009 13 Opinion or Order of the Court ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS and Dismissing With Prejudice Petition for Writ of Habeas Corpus: Because no objections have been filed, the Court adopts the Report in its entirety and dismisses the petition with prejudice. Signed by Judge M. James Lorenz on 8/24/2009. (All non-registered users served via U.S. Mail Service).(mjj)(kaj).
July 15, 2009 12 Opinion or Order of the Court REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Anthony Alvarez: Recommending that the Petition for Writ of Habeas Corpus be DISMISSED WITH PREJUDICE. Objections to R&R due by 8/17/2009. Reply to the objection due no later than ten days after being served with the objection. Signed by Magistrate Judge Cathy Ann Bencivengo on 7/15/2009. (All non-registered users served via U.S. Mail Service).(mjj)
January 9, 2009 8 Opinion or Order of the Court ORDER DISMISSING CASE WITHOUT PREJUDICE: The Court DISMISSES the Petition for Petitioners failure to (1) satisfy the filing fee requirement, and (2) use a court-approved form. If Petitioner wishes to proceed with this case, he must submit, no later t han March 16, 2009, (a) a First Amended Petition on a court-approved form stating that he is challenging a different San Diego Superior Court conviction than he previously challenged in case number 06cv2112 WQH (JMA), OR (b) a First Amended Petition on a court-approved form along with an Order from the Ninth Circuit Court of Appeals stating that Petitioner may file a successive petition with this Court, AND (c) either the $5.00 fee or adequate proof of his inability to pay the fee, along wi th a copy of this Order. The Clerk of Court is directed to send a blank Southern District of California First Amended Petition and In Forma Pauperis Application to Petitioner along with a copy of this Order. The Clerk of Court is further directed to send Petitioner a blank Ninth Circuit Application for Leave to File Second or Successive Petition. Signed by Judge M. James Lorenz on 1/9/2009. (All non-registered users served via U.S. Mail Service)(Blank First Amended Petition form, IFP form, and Ninth Circuit Application for Leave form mailed to Petitioner).(mjj)

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Petitioner: Anthony Alvarez
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Respondent: Michael A. Smelesky
Represented By: Attorney General
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