(HC) Gardner v. State of Califoria et al
| Delbert Rondell Gardner |
| State of Califoria, Gavin Newsom, Ken Clark, M. Voony and Xavior Beccerra |
| 3:2019cv00514 |
| March 19, 2019 |
| US District Court for the Southern District of California |
| San Diego Office |
| Marilyn L Huff |
| Ruth Bermudez Montenegro |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 17 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of M. Voony, Ken Clark, Xaivor Beccerra against Delbert Rondell Gardner. Because the Petitioner has not alleged exhaustion of state court remedies, Court dismisses this action without prejudice and without further leave to amend. The case is closed. (All non-registered users served via U.S. Mail Service) (jah) (sjt). |
Filing 16
ORDER DISMISSING CASE. Petitioner was advised in Court's 5/20/2019 dismissal Order that his case would be dismissed without prejudice and without further leave to amend if he did not allege exhaustion of his claims in the Third Amended Petition. Because he has not done so, Court dismisses this action without prejudice and without leave to amend. Signed by Judge Marilyn L. Huff on 6/27/2019.(All non-registered users served via U.S. Mail Service) (jah)
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| Filing 15 NOTICE of Introduction of Evidence and Motion for Respondents to Reply by Delbert Rondell Gardner. NUNC PRO TUNC 6/21/2019. (All non-registered users served via U.S. Mail Service) (jah) |
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Filing 14
Notice of Document Discrepancies and Order Thereon by Judge Marilyn L. Huff Accepting Document: Introduction of Evidence and Motion for Respondents to Reply, from Petitioner Delbert Rondell Gardner. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Civ.L. Rule 5.1 - All documents submitted for filing must be filed and captioned separately. Multiple pleadings in one pleading not proper. Per L.R. 36.1(c) and Fed.R.Civ.P. 34(b), Requests for discovery, including request for production are not to br filed with the Court. Nunc Pro Tunc 6/21/2019. (All non-registered users served via U.S. Mail Service) (jah)
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| Filing 13 SUPPLEMENTAL DOCUMENT to Amended Habeas Corpus Petition by Delbert Rondell Gardner. (jms) |
| Filing 12 THIRD AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Xavior Beccerra, Ken Clark, filed by Delbert Rondell Gardner. (jms) |
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Filing 11
ORDER DISMISSING CASE. Court dismisses the case for failure to allege exhaustion of state court remedies. The dismissal is without prejudice and with leave to amend. To have case reopened, Petitioner must file a Third Amended Petition by 6/20/2019. Signed by Judge Marilyn L. Huff on 5/20/2019. (Blank Third Amended Petition form t/w copy of this Order mailed to Petitioner) (All non-registered users served via U.S. Mail Service) (jah) (sjt).
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| Filing 10 AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Xavior Beccerra, Ken Clark, M. Voony, filed by Delbert Rondell Gardner. (jms) (Main Document 10 replaced to correct image on 5/20/2019) (anh). (anh). |
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Filing 9
ORDER DISMISSING CASE. Court grants Petitioner's motion to proceed IFP and dismisses case without prejudice and with leave to amend. To have case reopened, Petitioner must file a First Amended Petition by 6/10/2019. Signed by Judge Marilyn L. Huff on 4/4/2019. (Blank Amended 2254 Petition and Motion for IFP forms t/w copy of this Order mailed to Petitioner) (All non-registered users served via U.S. Mail Service) (jah)(sjt).
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| Filing 7 Case transferred in from District of California Eastern; Case Number 2:19-cv-00318. Original file received electronically |
| Filing 8 Judge Marilyn L. Huff and Magistrate Judge Ruth Bermudez Montenegro assigned to transfer case from Eastern District of California. (All non-registered users served via U.S. Mail Service)(no document attached) (jms) |
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Filing 6
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/18/19 ORDERING CASE TRANSFERRED to the U.S. District Court for the Southern District of California. (Plummer, M) [Transferred from California Eastern on 3/19/2019.]
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| SERVICE BY MAIL: #6 Order, Case Transferred Out to Another District served on Delbert Rondell Gardner. (Plummer, M) [Transferred from California Eastern on 3/19/2019.] |
| Filing 5 FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Delbert Rondell Gardner.(Henshaw, R) [Transferred from California Eastern on 3/19/2019.] |
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Filing 4
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/26/2019 GRANTING Petitioner 30 days within which to complete and return the court's form-application for a writ of habeas corpus. (Henshaw, R) [Transferred from California Eastern on 3/19/2019.]
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| SERVICE BY MAIL: #4 Order and court's form-application for a writ of habeas corpus served on Delbert Rondell Gardner. (Henshaw, R) [Transferred from California Eastern on 3/19/2019.] |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due by 3/28/2019. (Attachments: #1 Order re Consent) (York, M) [Transferred from California Eastern on 3/19/2019.] |
| SERVICE BY MAIL: #3 Prisoner New Case Documents served on Delbert Rondell Gardner. (York, M) [Transferred from California Eastern on 3/19/2019.] |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Delbert Rondell Gardner. (York, M) [Transferred from California Eastern on 3/19/2019.] |
| Filing 1 PETITION for WRIT of HABEAS CORPUS against Gavin Newsom, State of Califoria by Delbert Rondell Gardner.(York, M) [Transferred from California Eastern on 3/19/2019.] |
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