Friery v. Diaz
| William Francis Friery |
| Ralph M. Diaz |
| 3:2019cv00739 |
| April 22, 2019 |
| US District Court for the Southern District of California |
| Karen S Crawford |
| William Q Hayes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 6 Application for Temporary Stay of the Proceeding by William Francis Friery. NUNC PRO TUNC 5/17/2019. (ag) Modified on 6/6/2019 to term motion, motion was ruled on by minute order no. 7 (ag). |
Filing 5
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Application for Temporary Stay of the Proceeding, from Petitioner William Francis Friery. Non-compliance with local rule(s) Civ.L. Rule 7.1 or 47.1 - Lacking memorandum of points and authorities in support as a separate document; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 5/17/2019. Signed by Judge William Q. Hayes on 6/3/2019.(All non-registered users served via U.S. Mail Service)(ag)
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| Filing 7 MINUTE ORDER: On 5/7/2019, this Court dismissed this action without prejudice because Petitioner did not demonstrate that he has been granted leave by the Ninth Circuit Court of Appeals to file a successive habeas petition (ECF. No. #2 ). This case is closed. The Application for Temporary Stay of Proceedings (ECF. No. #4 ) is denied as moot. (All non-registered users served via U.S. Mail Service)(no document attached) (ag) |
| Filing 4 ACCEPTED NUNC PRO TUNCH 5/17/2019: MOTION for Temporary Stay of the Proceeding by William Francis Friery. (sjm) |
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Filing 3
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Nunc Pro Tunc 5/17/2019: Application for Temporary Stay of the Proceeding, from Petitioner William Francis Friery. 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. Signed by Judge William Q. Hayes on 5/29/2019.(All non-registered users served via U.S. Mail Service)(sjm)
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Filing 2
Summary Dismissal of Successive Petition Pursuant to 28 U.S.C. 2244(b)(3)(A) Gatekeeper Provision. Because there is no indication Petitioner has obtained permission from the Ninth Circuit Court of Appeals to file a successive petition, this Court cannot consider his Petition. Accordingly, the Court dismissed this action without prejudice to Petitioner filing a petition in this court if he obtains the necessary order from the Ninth Circuit Court of Appeals. Signed by Judge William Q. Hayes on 5/7/2019. (Mailed Petitioner a blank Application for Leave to File a Second or Successive Petition or Motion under 28 U.S.C. 2254 or 2255 together with a copy of this Order)(All non-registered users served via U.S. Mail Service)(ag) (jao).
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| Filing 1 Petition for Writ of Habeas Corpus against Ralph M. Diaz, filed by William Francis Friery.($5 Filing Fee, Fee Not Paid, IFP Not Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-739-WQH-KSC. Judge William Q. Hayes and Magistrate Judge Karen S. Crawford are assigned to the case.(jms) |
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| Respondent: Ralph M. Diaz | |
| Represented By: | Attorney General |
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| Petitioner: William Francis Friery | |
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