Mitchell v. Small

Petitioner: Lamonti Mitchell
Respondent: Larry Small
Case Number: 3:2010cv01639
Filed: August 4, 2010
Court: California Southern District Court
Office: San Diego Office
County: Lassen
Presiding Judge: Barry Ted Moskowitz
Referring Judge: Bernard G. Skomal
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
April 24, 2012 39 Opinion or Order of the Court AMENDED CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court Dismisses the Petition for a Writ of Habeas Corpus as untimely under 28 U.S.C. § 2244(d)(1). The Court Issues a Certificate of Appealability limited to the issue of eq uitable tolling. See Lambright v. Stewart, 220 F.3d 1022, 1025 (9th Cir. 2000) (holding that a COA should issue where the questions are adequate to deserve encouragement to proceed further, and any doubts whether a COA should issue are to be resolved in favor of petitioner). (All non-registered users served via U.S. Mail Service)(ecs)
March 29, 2012 35 Opinion or Order of the Court ORDER adopting in part and declining to adopt in part the 28 Findings and Conclusions of United States Magistrate Judge; granting Respondent's 19 Motion to Dismiss; dismissing Petition for Writ of Habeas Corpus; and issuing a Limited Certification of Appealability. Signed by Judge Barry Ted Moskowitz on 3/29/2012. (All non-registered users served via U.S. Mail Service)(mtb)
August 19, 2010 3 Opinion or Order of the Court ORDER RE: FAILURE TO SATISFY FILING FEE REQUIREMENT AND FAILURE TO NAME PROPER RESPONDENT. Petitioner must, no later than October 5, 2010, (1) pay the $5.00 filing fee OR submit adequate proof of his inability to pay the fee; AND (2) file a Firs t Amended Petition which cures the pleading deficiencies outlined in this Order. Failure to do so will result in the dismissal of this case. Signed by Judge Barry Ted Moskowitz on 8/19/2010.(All non-registered users served via U.S. Mail Service; Mailed Petitioner a blank motion to proceed in forma pauperis form and a blank first amended petition form)(jer)
August 12, 2010 2 Opinion or Order of the Court Notice Regarding Possible Failure to Exhaust and One-Year Statute of Limitations. Signed by Magistrate Judge Bernard G. Skomal on 8/10/2010.(All non-registered users served via U.S. Mail Service)(jer)

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Petitioner: Lamonti Mitchell
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Respondent: Larry Small
Represented By: Attorney General
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