Phillippi v. Doe

Phillippi v. Doe

Petitioner:	Bruce Phillippi
Respondent:	Jeffrey Beard
Case Number:	3:2014cv01310
Filed:	May 27, 2014
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	Kings
Presiding Judge:	Mitchell D. Dembin
Presiding Judge:	Dana M. Sabraw
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
May 9, 2016	Filing 62 ORDER (1) Adopting Magistrate Judge's Report and Recommendation and (2) Denying Petition. This Court, having reviewed de novo the Magistrate Judge's R&R and the objections, reply briefs, surreply brief and other briefs and documents attache d thereto, adopts the Magistrate Judge's recommendation in full and DENIES the petition for a writ of habeas corpus. The Court finds no basis for a certificate of appealability. The Clerk of Court shall enter judgment accordingly, and terminate this case. Signed by Judge Dana M. Sabraw on 5/9/2016.(All non-registered users served via U.S. Mail Service)(aef) (Main Document 62 replaced on 5/9/2016 to reflect correct Warden's name) NEF regenerated (aef).
September 21, 2015	Filing 43 ORDER (1) Adopting in part and Rejecting in part 38 the Recommendation of the United States Magistrate Judge, (2) Granting 20 Petitioner's Motion to Amend and (3) Denying 10 Respondent's Motion to Dismiss. The Court ADOPTS the recomme ndation to grant Petitioner's motion to amend, but REJECTS the recommendation to grant the motion to dismiss. Instead, the Court denies that motion, and orders as follows: 1. Respondent shall file and serve an answer to the Petition no later tha n October 26, 2015. 2. Petitioner may file a traverse to matters raised in the answer no later than November 25, 2015. 3. A request by a party for an extension of time within which to file any of the pleadings required by this Order should be made in advance of the due date of the pleading, and the Court will grant such a request only upon a showing of good cause. 4. Unless otherwise ordered by the Court, this case shall be deemed submitted on the day following the date Petitioner's travers e is due. 5. Every document delivered to the Court must include a certificate of service attesting that a copy of such document was served on opposing counsel (or on the opposing party, if such party is not represented by counsel). 6. Petitioner shal l immediately notify the Court and counsel for Respondent of any change of Petitioner's address. If Petitioner fails to keep the Court informed of where Petitioner may be contacted, this action will be subject to dismissal for failure to prosecute. Signed by Judge Dana M. Sabraw on 9/21/2015.(All non-registered users served via U.S. Mail Service)(aef)

Date Filed

Document Text

May 9, 2016

Filing 62 ORDER (1) Adopting Magistrate Judge's Report and Recommendation and (2) Denying Petition. This Court, having reviewed de novo the Magistrate Judge's R&R and the objections, reply briefs, surreply brief and other briefs and documents attache d thereto, adopts the Magistrate Judge's recommendation in full and DENIES the petition for a writ of habeas corpus. The Court finds no basis for a certificate of appealability. The Clerk of Court shall enter judgment accordingly, and terminate this case. Signed by Judge Dana M. Sabraw on 5/9/2016.(All non-registered users served via U.S. Mail Service)(aef) (Main Document 62 replaced on 5/9/2016 to reflect correct Warden's name) NEF regenerated (aef).

September 21, 2015

Filing 43 ORDER (1) Adopting in part and Rejecting in part 38 the Recommendation of the United States Magistrate Judge, (2) Granting 20 Petitioner's Motion to Amend and (3) Denying 10 Respondent's Motion to Dismiss. The Court ADOPTS the recomme ndation to grant Petitioner's motion to amend, but REJECTS the recommendation to grant the motion to dismiss. Instead, the Court denies that motion, and orders as follows: 1. Respondent shall file and serve an answer to the Petition no later tha n October 26, 2015. 2. Petitioner may file a traverse to matters raised in the answer no later than November 25, 2015. 3. A request by a party for an extension of time within which to file any of the pleadings required by this Order should be made in advance of the due date of the pleading, and the Court will grant such a request only upon a showing of good cause. 4. Unless otherwise ordered by the Court, this case shall be deemed submitted on the day following the date Petitioner's travers e is due. 5. Every document delivered to the Court must include a certificate of service attesting that a copy of such document was served on opposing counsel (or on the opposing party, if such party is not represented by counsel). 6. Petitioner shal l immediately notify the Court and counsel for Respondent of any change of Petitioner's address. If Petitioner fails to keep the Court informed of where Petitioner may be contacted, this action will be subject to dismissal for failure to prosecute. Signed by Judge Dana M. Sabraw on 9/21/2015.(All non-registered users served via U.S. Mail Service)(aef)

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Petitioner: Bruce Phillippi
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Respondent: Jeffrey Beard
Represented By:	Attorney General
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