Tony Lomeli v. Brian Birkholz
| Tony Lomeli |
| Brian Birkholz |
| 3:2023cv00448 |
| March 10, 2023 |
| US District Court for the Southern District of California |
| Allison H Goddard |
| John A Houston |
| Dana M Sabraw |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge John A. Houston for all further proceedings. Chief District Judge Dana M. Sabraw no longer assigned to case. Create association to 3:12-cr-02791-JAH. The new case number is 23CV0448-JAH-AHG.. Signed by Chief District Judge Dana M. Sabraw on 3/15/2023. Signed by Judge John Houston on 3/14/2023.(All non-registered users served via U.S. Mail Service)(jpp)
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| Filing 19 Chief District Judge Dana M. Sabraw and Magistrate Judge Allison H. Goddard assigned to transfer case from Central District of California. (All non-registered users served via U.S. Mail Service)(no document attached) (smy1) |
| Filing 18 Case transferred in from District of California Central; Case Number 2:22-cv-06889. Original file received electronically |
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Filing 17
ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA by Judge John W. Holcomb, granting #12 Motion to Dismiss. In the interests of justice, the request is GRANTED. The Clerk of this Court is DIRECTED to transfer this matter to the United States District Court for the Southern District of California 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 3/10/2023.]
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| Filing 16 LETTER from Petitioner Tony Lomeli (hr) [Transferred from California Central on 3/10/2023.] |
| Filing 15 MINUTES (IN CHAMBERS) by Magistrate Judge Michael R. Wilner: granting #14 REQUEST for Extension of Time to File Answer to Respondent's Motion to Dismiss. Petitioner is granted an extension of time until March 6, 2023. (hr) [Transferred from California Central on 3/10/2023.] |
| Filing 14 REQUEST for 30 Day Extension of Time to File Answer to the Respondent's Motion for Dismissal filed by Petitioner Tony Lomeli. (hr) [Transferred from California Central on 3/10/2023.] |
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Filing 13
ORDER RE: RESPONSE TO MOTION TO DISMISS / STRATTON NOTICE by Magistrate Judge Michael R. Wilner, re MOTION to Dismiss #12 . Petitioner's response to the motion will be due by or before January 12. (see document for further details) (hr)[Transferred from California Central on 3/10/2023.]
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| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Points and Authorities filed by respondent Brian Birkholz. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Declaration of Yolanda Sanchez, #4 Exhibit "A" to Sanchez Declaration, #5 Exhibit "B" to Sanchez Declaration, #6 Exhibit "C" to Sanchez Declaration, #7 Proposed Order, #8 Proof of Service) (Han, Chung) [Transferred from California Central on 3/10/2023.] |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Chung Hae Han counsel for Respondent Brian Birkholz. Adding Chung H. Han as counsel of record for Brian Birkholz, in his official capacity as Warden for the reason indicated in the G-123 Notice. Filed by respondent Brian Birkholz. (Attachments: #1 Proof of Service)(Attorney Chung Hae Han added to party Brian Birkholz(pty:res))(Han, Chung) [Transferred from California Central on 3/10/2023.] |
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Filing 10
ORDER RE: RESPONSE TO PETITIONS by Magistrate Judge Michael R. Wilner, re Response #9 . 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 3/10/2023.]
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| Filing 9 RESPONSE filed by Petitioner Tony Lomeli (hr) [Transferred from California Central on 3/10/2023.] |
| Filing 8 FINANCIAL ENTRY: Received $5.00 into the registry of the Court from Tony Lomeli. Receipt number SA018114. (dve) [Transferred from California Central on 3/10/2023.] |
| Filing 7 NOTICE OF APPEARANCE of Assistant United States Attorney MICHAEL J. MORSE on behalf of RESPONDENT Brian Birkholz. Assistant United States Attorney Assistant 2241-194 US Attorney LA-CV terminated. (Attorney Michael J. Morse added to party Brian Birkholz(pty:res))(Morse, Michael) [Transferred from California Central on 3/10/2023.] |
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Filing 6
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 3/10/2023.]
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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 3/10/2023.]
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| Filing 4 FINANCIAL ENTRY: Received $5.00 into the registry of the Court from Tony Lomeli. Receipt number SA018073. (dve) [Transferred from California Central on 3/10/2023.] |
| Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John W. Holcomb 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. (sh) [Transferred from California Central on 3/10/2023.] |
| 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. (sh) [Transferred from California Central on 3/10/2023.] |
| Filing 1 EMERGENCY MOTION SEEKING IMMEDIATE RELEASE FROM THE BOP AND TERMINATION OF SENTENCE UNDER (28:2241) Case assigned to Judge John W. Holcomb and referred to Magistrate Judge Michael R. Wilner.(Filing fee $ 5 DUE), filed by Petitioner Tony Lomeli. (sh) Modified on 9/23/2022 (sh). [Transferred from California Central on 3/10/2023.] |
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| Plaintiff: Tony Lomeli | |
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| Defendant: Brian Birkholz | |
| Represented By: | Chung Hae Han |
| Represented By: | Michael J. Morse |
| Represented By: | Assistant 2241-194 US Attorney LA-CV |
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