Bathen v. Allison et al
| Benjamin Lee Bathen |
| Kathleen Allison and Xavier Becerra |
| 3:2020cv02063 |
| October 20, 2020 |
| US District Court for the Southern District of California |
| Michael M Anello |
| Michael S Berg |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on October 5, 2021. A more recent docket listing may be available from PACER.
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Filing 8
Objection to Report and Recommendation re #7 REPORT AND RECOMMENDATION re #3 MOTION to Stay re #1 Petition for Writ of Habeas Corpus, filed by Benjamin Lee Bathen, #3 MOTION to Stay re #1 Petition for Writ of Habeas Corpus, filed by Benjamin Lee Bathen. (Attachments: #1 Exhibit Habeas petition filed in state court of appeal, #2 Proof of Service)(Schraer, George)
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Filing 7
REPORT AND RECOMMENDATION for Order Granting Petitioner's Motion to Stay (ECF No. #3 ). IT IS HEREBY RECOMMENDED that the District Judge issue an Order: (1) approving and adopting this Report and Recommendation and (2) DENYING Petitioner's Motion for Stay and Abeyance pursuant to Rhines, but GRANTING a stay pursuant to Kelly. IT IS ORDERED that no later than 12/30/2020, any party to this action may file written objections with the Court and serve a copy on all parties. IT IS FURTHER ORDERED that any reply to the objections shall be filed with the Court and served on all parties no later than 1/8/2021. Signed by Magistrate Judge Michael S. Berg on 10/9/2020. (tcf)
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Filing 6
NON Opposition re #3 MOTION to Stay re #1 Petition for Writ of Habeas Corpus, filed by Kathleen Allison. (Chenelia, Kristen) (tcf).
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Filing 5
NOTICE of Appearance by Kristen Kinnaird Chenelia on behalf of Kathleen Allison (Chenelia, Kristen)Attorney Kristen Kinnaird Chenelia added to party Kathleen Allison(pty:res) (tcf).
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Filing 4
ORDER Setting Briefing Schedule re #3 Petitioner's MOTION to Stay Proceedings. In light of Petitioner's filing, the Court VACATES the briefing schedule issued on October 20, 2020, filed as ECF No. #2 . Respondent must file his opposition, if any, on or before November 20, 2020. Upon completion of the briefing the Court will take Petitioner's motion to stay under submission pursuant to Civil Local Rule 7.1(d) and no personal appearances will be required. Signed by Magistrate Judge Michael S. Berg on 10/23/2020. (tcf)
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Filing 3
MOTION to Stay re #1 Petition for Writ of Habeas Corpus, by Benjamin Lee Bathen. (Attachments: #1 Proof of Service)(Schraer, George) (jms).
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Filing 2
Order Requiring Response to Petition (28 U.S.C. 2254). Answer by Respondent is due by 12/21/2020. Traverse by Petitioner is due by 1/21/2021. Motion to Dismiss Deadline is due by 12/21/2020. Opposition Motion to Dismiss is due by 1/21/2021. Signed by Magistrate Judge Michael S. Berg on 10/20/2020. (Attorney General for the State of California served copy of Petition and order.)(tcf)
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Filing 1
Petition for Writ of Habeas Corpus Against Kathleen Allison, Xavier Becerra, filed by Benjamin Lee Bathen. (Filing fee $5.00 - receipt number ACASDC-14716781) (Attachments: #1 Civil Cover Sheet, #2 Proof of Service)The new case number is 3:20-cv-2063-MMA-MSB. Judge Michael M. Anello and Magistrate Judge Michael S. Berg are assigned to the case. (Schraer, George)(jms)(jrd)
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