Austin, Jr. v. Pfeiffer
| Victor Eugene Austin, Jr. |
| C. Pfeiffer |
| 3:2017cv01950 |
| September 25, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| Kern |
| Michael M. Anello |
| William V. Gallo |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
20
CLERK'S JUDGMENT. Judge Gallo has issued a thorough and well-reasoned Report recommending that this Court grant Respondent's motion and dismiss the amended petition as untimely. To date, Petitioner has not filed an objection to the Report a nd Recommendation, and the time in which to do so has expired. Accordingly, the Court adopts the Report and Recommendation, grants Respondent's motion and dismisses Petitioner's amended petition with prejudice as untimely. For the reasons s et forth in detail in Judge Gallo's Report and Recommendation, Petitioner has not shown "that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the Court declines to issue a certificate of appealability.(All non-registered users served via U.S. Mail Service)(rmc)
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Filing
18
REPORT AND RECOMMENDATION re 15 MOTION to Dismiss. Objections to R&R due by 12/21/2018. Replies due by 12/28/2018. Signed by Magistrate Judge William V. Gallo on 11/15/2018.(All non-registered users served via U.S. Mail Service)(jpp)
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Filing
13
ORDER Denying 7 Motion to Dismiss as Moot. The petition which Respondent seeks to dismiss is no longer the operative pleading in this action, as an amended petition supersedes the original petition. As such, the Court denies as moot Respondent 9;s motion to dismiss Petitioner's petition. The assigned magistrate judge remains designated to conduct all future proceedings in this action as appropriate, consistent with applicable statutes and this District's Local Rules. Signed by Judge Michael M. Anello on 3/7/2018. (All non-registered users served via U.S. Mail Service)(rmc)
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| Petitioner: Victor Eugene Austin, Jr. | |
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| Respondent: C. Pfeiffer | |
| Represented By: | Attorney General |
| Represented By: | Jennifer Anne Jadovitz |
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