Mitchell v. Small
| Lamonti Mitchell |
| Larry Small |
| 3:2010cv01639 |
| August 4, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| Lassen |
| Barry Ted Moskowitz |
| Bernard G. Skomal |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
39
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)
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Filing
35
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)
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Filing
3
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)
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Filing
2
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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