Benavides v. Montgomery
| John Benavides |
| W.L. Montgomery |
| 3:2021cv01186 |
| June 28, 2021 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| Ruth Bermudez Montenegro |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on February 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 8 NOTICE of Lodgment by W.L. Montgomery re #7 Response to Motion (Attachments: #1 Lodgment 1, #2 Lodgment 2, #3 Lodgment 3, #4 Lodgment 4, #5 Lodgment 5, #6 Lodgment 6, #7 Lodgment 7)(Jadovitz, Jennifer) (jmo). |
| Filing 7 RESPONSE to Motion re #3 MOTION to Stay filed by W.L. Montgomery. (Jadovitz, Jennifer) (jmo). |
| Filing 6 NOTICE of Appearance by Jennifer Anne Jadovitz on behalf of W.L. Montgomery (Jadovitz, Jennifer)Attorney Jennifer Anne Jadovitz added to party W.L. Montgomery(pty:res) (jms). |
Filing 5
Order Setting Briefing Schedule on Petitioner's Motion for Stay and Abeyance (Doc. #3 ). Respondent must file a response to the Motion for Stay and Abeyance under Rhines and Kelly/King on or before 8/24/2021. Petitioner must file a reply to Respondent's response on or before 9/14/2021. Signed by Magistrate Judge Ruth Bermudez Montenegro on 7/27/21.(All non-registered users served via U.S. Mail Service)(jmo)
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Filing 4
Notice of Document Discrepancies and Order Thereon by Judge Cynthia Bashant Accepting Petition for Writ of Habeas Corpus; Motion for Leave to Proceed informa pauperis; Motion or Stay and Abeyance, from Petitioner John Benavides. Non-compliance with local rule(s), These documents were e-filed by officials at Calipatria State Prison in violation of GO 653A 1, which permits electronic filing in cases brought by incarcerated plaintiffs housed at the participating facilities at the time of the initial filing who assert claims under 42 U.S.C. 1983 This General Order does not apply to claims challenging the fact or duration of confinement, or other matters not herein authorized. (emphasis added). Any documents received from a participating facility that are not in conformance with this General Order will be accepted by the Clerk of Court for filing and docketed, but may be stricken by the Court as authorized by Local Civil Rule 83.1. GO 653A 2. OTHER: L.R. 83.1(a) Sanctions for Non-Compliance with Rules Failure of counsel, or any party, to comply with these rules, with the Federal Rules of Civil or Criminal Procedure, or with any order of the court may be grounds for imposition by the court of any and all sanctions authorized by statute or rule or within the inherent power of the court, including, without limitation, dismissal of any action[.]. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by the Chambers of Judge Cynthia Bashant on 6/29/2021. (All non-registered users served via U.S. Mail Service) (fth)
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| Filing 3 MOTION for Stay and Abeyance by John Benavides. (jms) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by John Benavides. (jms) |
| Filing 1 Petition for Writ of Habeas Corpus against W.L. Montgomery, filed by John Benavides.($5 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet, #2 CDCR Cover Sheet)The new case number is 3:21-cv-1186-BAS-RBM. Judge Cynthia Bashant and Magistrate Judge Ruth Bermudez Montenegro are assigned to the case.[Case in Screening] (jms) |
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| Respondent: W.L. Montgomery | |
| Represented By: | Attorney General |
| Represented By: | Jennifer Anne Jadovitz |
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| Petitioner: John Benavides | |
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