Sid Edward Willis Jr. v. L. J. Milusnic
| Sid Edward Willis, Jr |
| L. J. Milusnic |
| 3:2019cv00106 |
| January 23, 2019 |
| US District Court for the District of Oregon |
| Anna J Brown |
| Prisoner Petitions: Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 12
ORDER: The petition in this case was transferred from the Central District of California, where it was determined that the case should be transferred to the sentencing court for lack of jurisdiction and processed as a 28 U.S.C. Sec. 2255 Motion to Vacate. Accordingly, IT IS ORDERED that the petition filed in this case be docketed in Petitioner's criminal case (3:12-cv-00292-BR) to proceed as a 28 U.S.C. Sec. 2255 Motion, and that this case is hereby closed. Ordered by Judge Anna J. Brown. (Mailed copy to petitioner) (dsg)
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| Filing 11 Notice of Case Assignment: This case is assigned to Judge Anna J. Brown. (jn Copy mail to petitioner) |
| Filing 10 Case transferred in from District of California Central; Case Number 2:18-cv-10278. Electronic file received. |
| Filing 9 Transfer Out Transmittal Letter sent to USDC District of Oregon at Portland. (clee) [Transferred from California Central on 1/23/2019.] |
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Filing 8
ORDER RE: INTER-DISTRICT TRANSFER by Magistrate Judge Steve Kim. THEREFORE, IT IS ORDERED that the Petition be transferred to the district where Petitioner was sentenced, the District of Oregon. (SEE ORDER FOR DETAILS). (MD JS-6. Case Terminated.) (clee) [Transferred from California Central on 1/23/2019.]
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| Filing 7 NOTICE OF APPEARANCE of Assistant United States Attorney Agustin D. Orozco on behalf of respondent L. J. Milusnic. (Attorney Agustin D. Orozco added to party L. J. Milusnic(pty:res))(Orozco, Agustin) [Transferred from California Central on 1/23/2019.] |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE #4 filed by Petitioner Sid Edward Willis, Jr. (clee) [Transferred from California Central on 1/23/2019.] |
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Filing 4
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge Steve Kim. THEREFORE, Petitioner is ORDERED TO SHOW CAUSE on or before January 25, 2019 why the Court should not construe the Petition as a 2255 petition and transfer it to the District of Oregon. When, as here, the escape hatch does not apply, motions to contest the legality of a sentence must be filed under 2255 in the sentencing court. Hernandez v. Campbell, 204 F.3d 861, 864 (9th Cir. 2000). If Petitioner no longer wishes to pursue this action, he may voluntarily dismiss the action under Federal Rule of Civil Procedure 41(a) by filing a Notice of Voluntary Dismissal. The Clerk is directed to provide Petitioner with a Notice of Voluntary Dismissal Form CV009. If Petitioner does not file a notice of voluntary dismissal or timely response to this Order to Show Cause, the Court may also recommend involuntary dismissal of the Petition for failure to prosecute and/or obey court orders. See Fed. R. Civ. P 41(b) L.R. 411. (SEE ORDER FOR DETAILS). (Attachments: #1 Voluntary Dismissal CV-009) (clee) [Transferred from California Central on 1/23/2019.]
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| Filing 5 EXHIBITS TO PETITION #1 Filed filed by Petitioner Sid Edward Willis, Jr. (clee) (Main [Transferred from California Central on 1/23/2019.] |
| Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge David O. Carter and referred to Magistrate Judge Steve Kim, 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. (Attachments: #1 CV111 Notice of Discrepancies for filing of Habeas Corpus Petition, #2 CV60p IFP Request) (et) [Transferred from California Central on 1/23/2019.] |
| Filing 2 MEMORANDUM of Points and Authorities in Support of Petition for Writ of Habeas Corpus (2241) #1 filed by Petitioner Sid Edward Willis, Jr. (et) [Transferred from California Central on 1/23/2019.] |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge David O. Carter and referred to Magistrate Judge Steve Kim. (Filing fee $ 5 FEE DUE.), filed by Petitioner Sid Edward Willis, Jr. (et) [Transferred from California Central on 1/23/2019.] |
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