Rudy Cazarez v. Brian Birkholz et al
| Rudy Cazarez |
| Brian Birkholz and Bureau of Prisons |
| 3:2023cv00339 |
| February 21, 2023 |
| US District Court for the Southern District of California |
| Michael M Anello |
| Barbara Lynn Major |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 fd Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 NOTICE of Attorney Withdrawal by Brian Birkholz, Bureau of Prisons (Rene, Loren) (aas). |
| Filing 26 NOTICE of Document Withdrawal by Brian Birkholz re #25 Notice (Other) (Wong, Stephen) (aas). |
| Filing 25 NOTICE of Attorney Withdrawal by Brian Birkholz, Bureau of Prisons (Wong, Stephen)Attorney Stephen H. Wong added to party Brian Birkholz(pty:dft), Attorney Stephen H. Wong added to party Bureau of Prisons(pty:dft) ***DOCUMENT WITHDRAWN PER ECF #26 (aas). |
| Filing 24 Transfer Letter Received from Central District of California. Case number in other court is 23cv01735 (All non-registered users served via U.S. Mail Service)(smy1) |
| Filing 23 Case transferred to District of Central District California. Files transferred electronically to: *District of Central District California*.*350 W 1st Street, Suite 4311**Los Angeles, CA 90012-4565*. Signed by Judge Michael M. Anello on 3/7/23. (Attachments: #1 Transfer Order) (All non-registered users served via U.S. Mail Service)(aas) |
| Filing 22 STATUS REPORT (Corrected) by Brian Birkholz, Bureau of Prisons. (Rene, Loren)(ave). |
| Filing 21 Ex Parte MOTION Transfer the Case to the Central District of California (Corrected) by Brian Birkholz, Bureau of Prisons. (Rene, Loren) (ave). |
| Filing 20 NOTICE of Withdrawal of Documents by Brian Birkholz, Bureau of Prisons re #19 Ex Parte MOTION Transfer to the Central District of California , #18 Status Report (Rene, Loren)(ave). |
| Filing 19 ** WITHDRAWN PER #20 ** Ex Parte MOTION Transfer to the Central District of California by Brian Birkholz, Bureau of Prisons. (Rene, Loren)(ave). |
| Filing 18 ** WITHDRAWN PER #20 ** STATUS REPORT by Brian Birkholz, Bureau of Prisons. (Rene, Loren) (ave). |
| Filing 17 NOTICE of Appearance by Loren Gail Rene on behalf of Brian Birkholz, Bureau of Prisons (Rene, Loren)Attorney Loren Gail Rene added to party Brian Birkholz(pty:dft), Attorney Loren Gail Rene added to party Bureau of Prisons(pty:dft)(ave). |
Filing 16
Order Requiring Respondents to File a Status Report - Status Report due by 3/2/2023. Signed by Judge Michael M. Anello on 2/23/2023.(All non-registered users served via U.S. Mail Service)(ave)
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| Filing 15 Judge Michael M. Anello and Magistrate Judge Barbara Lynn Major assigned to transfer case from Central District of California. (All non-registered users served via U.S. Mail Service)(no document attached) (smy1) |
| Filing 14 Case transferred in from District of California Central; Case Number 2:22-cv-07113. Original file received electronically |
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Filing 13
ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA by Judge Dolly M. Gee. IT IS ORDERED that the Clerk of this Court transfer this matter to the United States District Court for the Southern District of California (Hon. John A. Houston) for further proceedings. (see document for further details) Original file, certified copy of the transfer order and docket sheet sent electronically. (MD JS-6. Case Terminated.) (hr) [Transferred from California Central on 2/21/2023.]
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| Filing 12 RESPONSE to MOTION to Dismiss #10 filed by Petitioner Rudy Cazarez. (hr) [Transferred from California Central on 2/21/2023.] |
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Filing 11
ORDER RE: RESPONSE TO MOTION TO DISMISS by Magistrate Judge Michael R. Wilner, re MOTION to Dismiss #10 . Petitioner's response to the motion will be due by or before January 12, 2023. (see document for further details) (hr) [Transferred from California Central on 2/21/2023.]
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| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities in Support Thereof filed by respondent Brian Birkholz. (Attachments: #1 Declaration of Yolanda Sanchez, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Proposed Order, #6 Proof of Service) (Han, Chung) [Transferred from California Central on 2/21/2023.] |
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Filing 9
ORDER RE: RESPONSE TO PETITIONS by Magistrate Judge Michael R. Wilner, re Response #8 . The Court concludes that Petitioners' submissions warrant a response from the government. That response will be due by December 16. (see document for further details) (hr) [Transferred from California Central on 2/21/2023.]
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| Filing 8 RESPONSE to Order Concerning the Screening of Petitions #5 filed by Petitioner Rudy Cazarez (hr) [Transferred from California Central on 2/21/2023.] |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Chung Hae Han counsel for Respondents Brian Birkholz, Bureau of Prisons. Adding Chung Han as counsel of record for Brian Birkholz, in his capacity as Warden; Federal Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by defendants Brian Birkholz; Federal Bureau of Prisons. (Attachments: #1 Proof of Service)(Attorney Chung Hae Han added to party Brian Birkholz(pty:res), Attorney Chung Hae Han added to party Bureau of Prisons(pty:res))(Han, Chung) [Transferred from California Central on 2/21/2023.] |
| Filing 6 FINANCIAL ENTRY: Received $5.00 into the registry of the Court from Rudy Cazarez. Receipt number SA018115. (dve) [Transferred from California Central on 2/21/2023.] |
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Filing 5
ORDER RE: SCREENING OF PETITIONS by Magistrate Judge Michael R. Wilner. The Court will allow these Petitioners an opportunity to explain why they are entitled to further consideration of their claims in these actions. Each applicant's supplemental submission will be due by no later than November 10. The assigned government attorney will file a notice of appearance within 14 days in each action. (see document for further details) Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (Attachments: #1 Attachment) (hr) [Transferred from California Central on 2/21/2023.]
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Filing 4
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Consuelo B. Marshall, for the reasons set forth on this order. Related Case No. 2:20-cv-04450 CBM(PVCx) (Attachments: #1 Declination) (rn) [Transferred from California Central on 2/21/2023.]
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| Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Dolly M. Gee and referred to Magistrate Judge Michael R. Wilner, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (ghap) [Transferred from California Central on 2/21/2023.] |
| Filing 2 Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111). Upon submission of your petition for writ of habeas corpus, it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the Request to Proceed Without Prepayment of Filing Fees with Declaration in Support form (CV-60P) attached. You may return your fee waiver and/or payment to any of the Courthouses listed on this notice. If you do not respond within THIRTY DAYS from the date below, your action may be dismissed. Re: Petition for Writ of Habeas Corpus (2241) #1 . (ghap) [Transferred from California Central on 2/21/2023.] |
| Filing 1 (EMERGENCY MOTION SEEKING IMMEDIATE RELEASE FROM THE BOP AND TERMINATION OF SENTENCE) PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Dolly M. Gee and referred to Magistrate Judge Michael R Wilner.(Filing fee $ 5: FEE DUE), filed by petitioner Rudy Cazarez. (ghap) Modified on 10/4/2022 (ghap). [Transferred from California Central on 2/21/2023.] |
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