Nelson v. Clark

Petitioner: Augustus Nelson
Respondent: Ken Clark
Case Number: 3:2010cv01047
Filed: May 13, 2010
Court: California Southern District Court
Office: San Diego Office
County: Kings
Presiding Judge: Irma E. Gonzalez
Nature of Suit: General
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

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

Date Filed#Document Text
October 7, 2011 38 Opinion or Order of the Court ORDER denying 36 Motion for Certificate of Appealability. After reviewing the petition, this motion, the Court's prior order, and other related papers, the Court again concludes that Petitioner has not made a "substantial showing" of the denial of a constitutional right. Reasonable jurists would not find it debatable whether the Court was correct in its procedural ruling on the statute of limitations issue. Accordingly, the Court DENIES Petitioner's motion for a certifica te of appealability with respect to all of Petitioner's claims. Signed by Judge Irma E. Gonzalez on 10/7/2011. (USCA Case Number 11-56716. Order electronically transmitted to US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
August 23, 2011 33 Opinion or Order of the Court ORDER ADOPTING REPORT AND RECOMMENDATION. Court adopts in full Magistrate Judge Dembin's 30 Report and Recommendation and grants Respondent's 12 Motion to Dismiss. The Petition is denied with prejudice. Court denies a Certificate of Appealability. Signed by Judge Irma E. Gonzalez on 8/23/2011. (All non-registered users served via U.S. Mail Service) (jah)
January 7, 2011 24 Opinion or Order of the Court ORDER Sua Sponte Substituting Respondent: the Court sua sponte Orders the substitution of Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation, as Respondent in place of Ken Clark. The Clerk of the Court shall modify the docket to reflect Matthew Cate, Secretary in place of the former respondent. Signed by Magistrate Judge Anthony J. Battaglia on 1/7/11.(All non-registered users served via U.S. Mail Service)(lmt)(jrl).

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Petitioner: Augustus Nelson
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Respondent: Ken Clark
Represented By: Attorney General
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