Foggy v. People of the State of California
| Gerald Anthony Foggy |
| People of the State of California and E. Valenzuela |
| 3:2012cv02633 |
| October 29, 2012 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Bernardino |
| Larry Alan Burns |
| Bernard G Skomal |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on August 6, 2014. A more recent docket listing may be available from PACER.
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| Filing 28 Notice of Document Discrepancies by Judge Larry Alan Burns Rejecting Document: Letter from Gerald Anthony Foggy. Non-compliance with local rule(s), OTHER: L.R. 77.2, request not grantable by the Clerk without further direction of the Judge; case closed. Per Chambers: This appears to concern a matter for CDCR and/or the State courts. It is not relevant to Mr. Foggy's previous habeas petition. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1.(All non-registered users served via U.S. Mail Service)(skh) |
| Filing 27 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Report and Recommendation is adopted. The Petitioner's habeas petition is denied. The Court denies a Certificate of Appealability (All non-registered users served via U.S. Mail Service)(kaj) |
Filing 26
ORDER ADOPTING REPORT AND RECOMMENDATION #23 . The Petitoner's habeas petition is denied. Certificate of Appealability denied. Signed by Judge Larry Alan Burns on 4/1/14. (All non-registered users served via U.S. Mail Service)(kaj)(av1).
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| Filing 25 Objection to Report and Recommendation re #23 REPORT AND RECOMMENDATION re #5 Amended Petition for Writ of Habeas Corpus filed by Gerald Anthony Foggy. Filed nunc pro tunc 3/19/14. (skh) |
| Filing 24 Notice of Document Discrepancies by Judge Larry Alan Burns Accepting Document: Objections to R&R from Gerald Anthony Foggy. Non-compliance with local rule(s), OTHER: missing Certificate of Service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(skh) |
| Filing 23 REPORT AND RECOMMENDATION to Deny re #5 Amended Petition for Writ of Habeas Corpus filed by Gerald Anthony Foggy. Objections to R&R due by 3/19/2014. Any reply to the objections shall be filed with the Court and served on all parties within 10 days of being served with the objections. Signed by Magistrate Judge Bernard G. Skomal on 03/04/2014.(All non-registered users served via U.S. Mail Service)(ag) (av1). |
| Filing 22 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Rejecting Document: Letter to Clerk (asking for help and advice) from Gerald Anthony Foggy. Non-compliance with local rule(s), OTHER: L.R. 77.2, request not grantable by the Clerk without further direction of the Judge. Per Chambers: Ex parte contact. Not related to case. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1.(All non-registered users served via U.S. Mail Service)(skh) |
| Filing 21 TRAVERSE by Gerald Anthony Foggy. (skh) |
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Filing 20
ORDER denying without prejudice petitioner's #13 Motion to Appoint Counsel. Signed by Magistrate Judge Bernard G. Skomal on 6/11/13. (All non-registered users served via U.S. Mail Service)(kaj) (jrl).
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Filing 19
ORDER granting #16 Motion for Leave to File. Petitioner may have an extension to file his Traverse as well. Petitioner must file the traverse on or before June 28, 2013. Signed by Magistrate Judge Bernard G. Skomal on 5/24/2013. (All non-registered users served via U.S. Mail Service)(no document attached) (asz)
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| Filing 18 NOTICE of Lodgment by E. Valenzuela re #17 Answer to Complaint (Vienna, Kevin) (skh). (Additional attachment(s) added on 3/19/2014: #1 Lodgment 1, #2 Lodgment 2, #3 Lodgment 3, Vol 1, #4 Lodgment 3, Vol. 2, #5 Lodgment 4, #6 Lodgment 5, #7 Lodgment 6, #8 Lodgment 7, #9 Lodgment 8, #10, #11 Lodgment 10) (skh). |
| Filing 17 ANSWER to Complaint Answer to Petition for Writ of Habeas Corpus by E. Valenzuela. (Attachments: #1 Memo of Points and Authorities)(Vienna, Kevin) (skh). |
| Filing 16 MOTION for Leave to File Application to File Belated Answer, Memorandum of Points and Authorities and Notice of Lodgment by E. Valenzuela. (Vienna, Kevin) (skh). |
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Filing 15
ORDER granting #14 Motion for Extension of Time to File Answer. Answer by Respondent due 5/13/2013, Traverse by Petitioner due 6/13/2013. Signed by Magistrate Judge Bernard G. Skomal on 4/29/13. (All non-registered users served via U.S. Mail Service)(kaj)(jrl).
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| Filing 14 MOTION for Extension of Time to File Answer and Response to Petitioner's Motion for a Stay of Proceedings by E. Valenzuela. (Vienna, Kevin) (skh). |
| Filing 13 MOTION for Legal Assistance by Gerald Anthony Foggy. Filed nunc pro tunc 4/15/13. (skh) |
| Filing 12 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Application for Legal Assistance from Gerald Anthony Foggy. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, OTHER: missing Certificate of Service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(skh) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer. E. Valenzuela answer due 5/29/2013. Signed by Magistrate Judge Bernard G. Skomal on 3/26/13. (All non-registered users served via U.S. Mail Service)(kaj)
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| Filing 10 MOTION for Extension of Time to File Answer by E. Valenzuela. (Vienna, Kevin) (skh). |
| Filing 9 NOTICE of Appearance by Quisteen Si Yin Shum on behalf of E. Valenzuela (Shum, Quisteen) (kcm). |
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Filing 8
Order Reopening Case and Setting Briefing Schedule. Motion to Dismiss due 3/14/13, Opposition to Motion due 4/14/13 OR Answer by Respondent due 3/29/2013, Traverse by Petitioner due 4/29/2013. Signed by Magistrate Judge Bernard G. Skomal on 1/29/13.(All non-registered users served via U.S. Mail Service)(kaj)
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| Filing 7 Letter from Gerald Foggy filed nunc pro tunc 1/17/13. (All non-registered users served via U.S. Mail Service)(skh) |
| Filing 6 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Letter from Gerald Anthony Foggy. Non-compliance with local rule(s), OTHER: no provisions for filing; improper format. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(skh) |
| Filing 5 FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS against E. Valenzuela, filed by Gerald Anthony Foggy. (skh) |
| Filing 4 Filing fee: $ 5.00, receipt number CAS05+754, Paid on 1/16/13 (All non-registered users served via U.S. Mail Service)(skh) |
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Filing 3
ORDER denying #2 Motion for Leave to Proceed in forma pauperis and dismissing the case without prejudice. To have the case reopened, Petitioner must, no later than January 7, 2013, provide the Court with: (1) a copy of this Order together with the $5.00 filing fee; or (2) a copy of this Order together with adequate proof that Petitioner cannot pay the $5.00 filing fee and file a First Amended Petition which names a proper Respondent. Signed by Judge Larry Alan Burns on 11/9/12 (forms mailed to petitioner) (All non-registered users served via U.S. Mail Service)(kaj)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Gerald Anthony Foggy. (skh)(av1). |
| Filing 1 Petition for Writ of Habeas Corpus against People of the State of California, filed by Gerald Anthony Foggy. (Filing fee $5.00; fee not paid; IFP filed)The new case number is 3:12-cv-2633-LAB-BGS. Judge Larry Alan Burns and Magistrate Judge Bernard G. Skomal are assigned to the case.(skh) (av1). |
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