Gilbert v. California Department of CDCR
| Charles Trayzon Gilbert |
| California Department of CDCR and Marcus Pollard |
| 3:2021cv00859 |
| May 3, 2021 |
| US District Court for the Southern District of California |
| Daniel E Butcher |
| Janis L Sammartino |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 5
Order Reopening Case and Setting Briefing Schedule: Respondents must file a motion to dismiss pursuant to Rule 4 of the Rules Governing 2254 Cases on or before 7/26/2021. If Respondents file a motion to dismiss, Petitioner must file his opposition, if any, to the motion on or before 8/30/2021. Respondents must file and serve an answer to the Petition on or before 7/26/2021. Petitioner may file a traverse to matters raised in the answer on or before 8/30/2021. Signed by Magistrate Judge Daniel E. Butcher on 5/26/2021. (All non-registered users served via U.S. Mail Service) (tcf)
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| Filing 4 AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Marcus Pollard, filed by Charles Trayzon Gilbert. (jms) |
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Filing 3
ORDER: (1) Granting #2 Application to Proceed In Forma Pauperis and (2) Dismissing Petition without Prejudice and with Leave to Amend. The Court GRANTS Petitioner's request to proceed in forma pauperis (ECF No. #2 ) and DISMISSES the Petition (ECF No. #1 ) WITHOUT PREJUDICE because Petitioner has failed to name a proper respondent. To have this case reopened, Petitioner must, no later 7/6/2021, file a First Amended Petition that names a proper respondent. Signed by Judge Janis L. Sammartino on 5/5/2021. (All non-registered users served via U.S. Mail Service and blank First Amended Petition mailed to Petitioner.) (tcf)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Charles Trayzon Gilbert. (jms)(jrd) |
| Filing 1 Petition for Writ of Habeas Corpus Against California Department of CDCR, filed by Charles Trayzon Gilbert.($5 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-859-JLS-DEB. Judge Janis L. Sammartino and Magistrate Judge Daniel E. Butcher are assigned to the case.[Case in Screening] (jms)(jrd) |
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