Salvador Herrera v. Clark Ducart (2:15-cv-05467), California Central District Court

Salvador Herrera v. Clark Ducart

California Central District Court
Judge:R Gary Klausner
Referred: Suzanne H Segal
Case #: 2:15-cv-05467
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2254 Petition for Writ of Habeas Corpus (State)
Case Filed:Jul 19, 2015
Terminated:Jul 26, 2016

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Docket last updated: 06/06/2023 11:59 PM PDT
Tuesday, July 26, 2016
28 28 order Certificate of Appealability - Order of USDC Wed 07/27 12:33 PM
ORDER DENYING CERTIFICATE OF APPEALABILITY by Judge R. Gary Klausner (car)
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27 27 judgmentCV Judgment Tue 07/26 12:43 PM
JUDGMENT by Judge R. Gary Klausner, Related to: R&R - ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE,26 . IT IS HEREBY ADJUDGED that the above-captioned action is dismissed with prejudice. (MD JS-6, Case Terminated). (mr)
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26 26 order R&R - Accepting Report and Recommendations Tue 07/26 12:41 PM
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge R. Gary Klausner. IT IS ORDERED that the Petition is denied and Judgment shall be entered dismissing this action with prejudice. (See document for further details). (mr)
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Friday, July 08, 2016
25 25 reportrecommend Report and Recommendation (Issued) Fri 07/08 5:24 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge Suzanne H. Segal. Re Complaint (Attorney Civil Case Opening),1 (sbu)
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24 24 reportrecommend Notice of Report and Recommendation Fri 07/08 5:22 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Suzanne H. Segal Objections to R&R due by 7/22/2016 (sbu)
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Att: 1 R&R
Monday, May 09, 2016
23 23 18 pgs misc Memorandum of Points and Authorities in Support Mon 05/09 9:41 AM
MEMORANDUM of Points and Authorities in Support filed by Petitioner Salvador Herrera. Petitioner's Traverse and Memorandum of Points and Authorities in support (Koester, James)
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Monday, April 11, 2016
21 21 order Refund of Fees Paid (G-124) Mon 04/11 4:30 PM
ORDER by Magistrate Judge Suzanne H. Segal: Denying4 APPLICATION for Refund of Fees (G-124). (mr)
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Friday, April 08, 2016
22 22 order Notice of Document Discrepancies and Order - Rejecting (CV 104A) Tue 04/12 9:14 AM
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Suzanne H. Segal, ORDERING Letter submitted by Petitioner Salvador Herrera received on 4/07/16 is not to be filed but instead rejected. Denial based on: Petitioner is represented by counsel. No letters to the judge. (mr)
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Wednesday, April 06, 2016
20 20 order Extension of Time to File Wed 04/06 3:06 PM
ORDER by Magistrate Judge Suzanne H. Segal: Granting19 APPLICATION for Extension of Time to File. IT IS ORDERED, that Petitioner is granted an enlargement of time, until and including May 9, 2016, in which to file Petitioner's Reply to Respondent's Answer to his Petition for Writ of Habeas Corpus. (mr)
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19 19 motion Extension of Time to File Document Wed 04/06 8:39 AM
APPLICATION for Extension of Time to File Petitioner's Reply to Respondent's Answer to Petition for Writ of Habeas Corpus filed by Petitioner Salvador Herrera. (Koester, James)
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Att: 1 Proposed Order proposed order to extend time to file Petitioner's Reply
Wednesday, March 09, 2016
18 18 notice Notice of Lodging Wed 03/09 3:35 PM
NOTICE OF LODGING filed SECOND NOTICE OF LODGMENT re Answer to Complaint17(Chung, Allison)
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Att: 1 LD #5,
Att: 2 LD #6 (1/3),
Att: 3 LD #6 (2/3),
Att: 4 LD #6 (3/3),
Att: 5 LD #7,
Att: 6 LD #8,
Att: 7 LD #9,
Att: 8 LD #10,
Att: 9 LD #11,
Att: 10 LD #12,
Att: 11 LD #13,
Att: 12 LD #14
17 17 answer Answer to Complaint Wed 03/09 3:29 PM
ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES filed by respondent Clark Ducart.(Chung, Allison)
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Wednesday, February 10, 2016
16 16 order Dismiss Wed 02/10 10:06 AM
MINUTES (IN CHAMBERS) ORDER DENYING RESPONDENTS MOTION TO DISMISS WITHOUT PREJUDICE (Dkt. No.9 ) by Magistrate Judge Suzanne H. Segal: Respondent's Motion (Dkt. No.9 ) is DENIED WITHOUT PREJUDICE. Respondent shall file an Answer within thirty (30) days of the date of this Order. Respondent can revisit the issue of procedural default in his Answer if he so chooses; however, the Answer shall also address the merits of Petitioner's claim for habeas corpus relief. Petitioner may thereafter file a Reply in accordance with the Court's Order Requiring Response to Petition (Dkt. No.7 ). IT IS SO ORDERED. (See document for further details). (mr)
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Wednesday, December 09, 2015
15 15 respm Objection/Opposition (Motion related) Wed 12/09 9:14 AM
Opposition to Respondents Motion to Dismiss Petition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss PETITION FOR WRIT OF HABEAS CORPUS MEMORANDUM OF POINTS AND AUTHORITIES 9 filed by Petitioner Salvador Herrera.(Koester, James)
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Att: 1 Appendix Appendix to Opp. to Mot. to Dismiss,
Att: 2 Appendix Appendix to Opp. to Motion to Dismiss,
Att: 3 Appendix Appendix to Opp. to Motion to Dismiss,
Att: 4 Appendix Appendix to Opp. to Motion to Dismiss
Wednesday, November 18, 2015
14 14 order Enlargement of Time to File Thu 11/19 9:30 AM
ORDER by Magistrate Judge Suzanne H. Segal: Granting12 APPLICATION for Enlargement of Time to File. IT IS ORDERED, that Petitioner is granted an enlargement of time, until and including December 15, 2015, in which to file Petitioner's Opposition to Respondent's Motion to Dismiss the Petition. ***No further extensions***. (mr)
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Monday, November 16, 2015
13 13 misc Errata Mon 11/16 11:21 AM
NOTICE OF ERRATA filed by Petitioner Salvador Herrera. correcting APPLICATION for Enlargement of Time to File Opposition to Respondent's Motion to Dismiss 12 (Koester, James)
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12 12 motion Enlargement of Time to File Document Mon 11/16 9:00 AM
APPLICATION for Enlargement of Time to File Opposition to Respondent's Motion to Dismiss filed by petitioner Salvador Herrera. (Koester, James)
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Att: 1 Proposed Order
11 11 respm Objection/Opposition (Motion related) Mon 11/16 8:54 AM
Opposition to Respondent's Motion to Dismiss Opposition re: NOTICE OF MOTION AND MOTION to Dismiss PETITION FOR WRIT OF HABEAS CORPUS MEMORANDUM OF POINTS AND AUTHORITIES 9 filed by Petitioner Salvador Herrera.(Koester, James)
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Att: 1 Proposed Order proposed order
Monday, October 26, 2015
10 10 notice Notice of Lodging Mon 10/26 11:39 AM
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss PETITION FOR WRIT OF HABEAS CORPUS MEMORANDUM OF POINTS AND AUTHORITIES 9(Chung, Allison)
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Att: 1 Lodged Doc. 1,
Att: 2 Lodged Doc. 2,
Att: 3 Lodged Doc. 3,
Att: 4 Lodged Doc. 4
9 9 motion Dismiss (cause or other) Mon 10/26 11:37 AM
NOTICE OF MOTION AND MOTION to Dismiss PETITION FOR WRIT OF HABEAS CORPUS MEMORANDUM OF POINTS AND AUTHORITIES filed by RESPONDENT Clark Ducart. (Chung, Allison)
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Monday, October 12, 2015
8 8 attorney Attorney Appearance or Reassignment for the California Attorney General Mon 10/12 11:06 AM
NOTICE OF APPEARANCE of California Attorney General Office Allison H. Chung on behalf of respondent Clark Ducart. (Attorney Allison Hewon Chung added to party Clark Ducart(pty:res))(Chung, Allison)
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Monday, September 28, 2015
7 7 order Order Requiring Return/Answer to Petition Mon 09/28 12:20 PM
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Suzanne H. Segal. that Respondent Clark Ducart file Answer to the Petition not later than 11/12/2015. 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 California Attorney Generals Office, this Notice constitutes service under Fed. R. Civ. P. 4. Motions to Dismiss shall be filed by 10/28/2015. Traverse due by 12/14/2015 (sbou)
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Att: 1 Habeas Petition,
Att: 2 Consent to Proceed Form
Thursday, September 24, 2015
6 6 misc Refund of Fees (G-124) - Referred to Judge Thu 09/24 1:44 PM
APPLICATION for Refund of Fees Paid4 - referred to Judge for ruling. (rdj)
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Tuesday, September 08, 2015
5 5 order Notice of Document Discrepancies and Order - Rejecting (CV 104A) Tue 09/08 2:37 PM
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Suzanne H. Segal, ORDERING Letter submitted by Petitioner Salvador Herrera received on 8/31/15 is not to be filed but instead rejected. Denial based on: No letters to the judge. Petitioner is represented by counsel. (mr)
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Monday, July 20, 2015
4 4 motion Refund of Fees Paid (G-124) Mon 07/20 4:28 PM
APPLICATION for Refund of Fees Paid filed by petitioner Salvador Herrera. (Koester, James)
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3 3 notice Deficiency in Attorney Case Opening Mon 07/20 1:47 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Petition should have been filed under Petition for Writ of Habeas Corpus (2254), not under Complaint. The Civil Cover Sheet (CV-71) should have been filed and entered separately under its own event. No further action is required regarding these items. (esa)
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2 2 notice Notice of Reference to US Magistrate Judge (CV-84) (Habeas Corpus) - optional html form Mon 07/20 1:38 PM
NOTICE OF REFERENCE to a U.S. Magistrate Judge. Pursuant to General Order 14-03, the within action has been assigned to the calendar of the Honorable District Judge R. Gary Klausner. Pursuant to General Order 05-07, the within action is referred to Magistrate Judge Suzanne H. Segal, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. The Court must be notified within 15 days of any address change. (esa)
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Sunday, July 19, 2015
1 1 cmp Complaint (Attorney Civil Case Opening) Sun 07/19 12:35 PM
COMPLAINT Receipt No: 0973-16107904 - Fee: $400, filed by Petitioner SALVADOR HERRERA.(Koester, James)
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Att: 1 Appendix Petition for Review in State Court,
Att: 2 Appendix Petition for Review in State Court (continued),
Att: 3 Civil Cover Sheet Civil Cover Sheet