Oscar E. Vargas v. J. Gastelo (2:17-cv-09143), California Central District Court

Oscar E. Vargas v. J. Gastelo

California Central District Court
Judge:Patrick J Walsh
Referred: Patrick J Walsh
Case #: 2:17-cv-09143
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2254 Petition for Writ of Habeas Corpus (State)
Case Filed:Dec 21, 2017
Terminated:Sep 07, 2018

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Docket last updated: 10 hours ago
Wednesday, September 26, 2018
28 28 misc Mail Returned Wed 09/26 3:41 PM
Mail Returned addressed to Oscar E Vargas AI-9145 RJ Donovan Correctional Facility 480 Alta Road San Diego, CA 92179 re Order Dismissing Case,26 , Judgment,27 (sbou)
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Att: 1 Docket #26
Friday, September 07, 2018
27 27 judgmentCV Judgment Fri 09/07 2:21 PM
JUDGMENT by Magistrate Judge Patrick J. Walsh, in favor of J. Gastelo against Oscar E Vargas Related to: Order Dismissing Case,26 . IT IS ADJUDGED that the Petition is denied and this action is dismissed with prejudice. (MD JS-6, Case Terminated). (sbou)
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26 26 order Dismissing Case Fri 09/07 2:19 PM
MEMORANDUM OPINION AND ORDER DENYING PETITION, DISMISSING ACTION WITH PREJUDICE, AND DENYING CERTIFICATE OF APPEALABILITY by Magistrate Judge Patrick J. Walsh. The Petition is denied and the action is dismissed with prejudice. (See document for further details.) (sbou)
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Monday, June 25, 2018
25 25 misc Mail Returned Fri 06/29 4:18 PM
Mail Returned addressed to Oscar E Vargas AI-9145 RJ Donovan Correctional Facility 480 Alta Road San Diego, CA 92179 re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Deadlines,24 (sbou)
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Monday, June 04, 2018
24 24 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Deadlines Tue 06/05 11:33 AM
MINUTE ORDER (IN CHAMBERS) Re: Case Status by Magistrate Judge Patrick J. Walsh. On June 1, 2018, Respondent filed a statement, representing that Petitioner is now on supervised release with the Los Angeles County Probation Department and, therefore, the case is not moot. Accordingly, the order to show cause is discharged. At this time, the Court will take the matter under submission and issue a decision as soon as practicable. If Petitioner files a traverse before the decision is entered, his traverse will be considered. (See document for further details.) (sbou)
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Friday, June 01, 2018
23 23 misc Mail Returned Mon 06/04 1:11 PM
Mail Returned addressed to Oscar E Vargas CDC AI-4145, RJ Donovan Correctional Facility, 480 Alta Road, San Diego CA 92179 re Order to Show Cause,19 (sbou)
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22 22 misc Supplement Fri 06/01 10:29 AM
SUPPLEMENT to Statement20 , Notice of Lodging21 filed by Respondent J. Gastelo. (Madeo, David)
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21 21 notice Notice of Lodging Fri 06/01 10:27 AM
NOTICE OF LODGING filed re Statement20 , Order to Show Cause,19 (Madeo, David)
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20 20 misc Statement Fri 06/01 10:24 AM
STATEMENT ON PETITIONER'S CUSTODY filed by Respondent J. Gastelo (Madeo, David)
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Thursday, May 17, 2018
19 19 1 pgs order Order to Show Cause Fri 05/18 11:01 AM
Petitioners Custody Status (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh.Petitioner is ordered to show cause why his Petition should not be dismissed as moot (because there is no further relief the Court can grant) no later than June 18, 2018. Respondent is ordered to submit a brief stating its position by the same date. (See document for further details.) (sbou)
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Tuesday, May 15, 2018
18 18 misc Mail Returned Wed 05/16 11:21 AM
Mail Returned addressed to Oscar E Vargas CDC AI-4145, RJ Donovan Correctional Facility, 480 Alta Road, San Diego CA 92179 re Order on Motion for Enlargement of Time to File,17 (sbou)
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Monday, April 30, 2018
17 17 order Enlargement of Time to File Tue 05/01 11:20 AM
MINUTES (IN CHAMBERS) Re: Petitioner's Application for Extension of Time to File a Traverse by Magistrate Judge Patrick J. Walsh. Petitioner has moved for an extension of time to file his traverse. The motion is GRANTED. Petitioner may have until May 31, 2018 to file a traverse. He is forewarned that the Court is not inclined to grant any additional extensions of time.16 (sbou)
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Thursday, April 26, 2018
16 16 motion Enlargement of Time to File Document Mon 04/30 3:23 PM
APPLICATION for Enlargement of Time to File Traverse filed by Petitioner Oscar E Vargas. (sbou)
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Thursday, March 29, 2018
15 15 misc Consent to Proceed before US Magistrate Judge - FINAL Thu 03/29 10:07 AM
CONSENT TO PROCEED before Magistrate Judge, ALL PARTIES having consented in accordance with Title 28 Section 636(c) and F.R.CIV.P. 73(b). Case reassigned to Magistrate Judge Patrick J. Walsh for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. (rn)
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Tuesday, March 27, 2018
14 14 misc Consent to Proceed before U S Magistrate Judge (non-AUSA) Tue 03/27 12:05 PM
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Respondent J. Gastelo. (Madeo, David)
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13 13 notice Notice of Lodging Tue 03/27 12:00 PM
NOTICE OF LODGING filed re Return to Habeas Petition (2254)12(Madeo, David)
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Att: 1 Opening Brief,
Att: 2 Respondent's Brief,
Att: 3 Petitioner's Reply Brief,
Att: 4 COA Opinion,
Att: 5 Petitioner's Petition for Review,
Att: 6 Cal. Supreme Court Denial Order,
Att: 7 Petitioner's Petition for Writ of Habeas Corpus,
Att: 8 COA Denial Order,
Att: 9 Petitioner's Petition for Writ of Habeas Corpus,
Att: 10 Cal. Supreme Court Docket,
Att: 11 Clerk's Transcript,
Att: 12 Reporter's Transcript - 1,
Att: 13 Reporter's Transcript -2
12 12 answer Return to Habeas Petition (2254) Tue 03/27 11:52 AM
ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Respondent J. Gastelo.(Madeo, David)
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Wednesday, March 14, 2018
11 11 order Minutes of In Chambers Order/Directive - no proceeding held Wed 03/14 4:03 PM
MINUTE ORDER (IN CHAMBERS) Petitioner's Status Inquiry by Magistrate Judge Patrick J. Walsh9 . On March 9, 2018, Respondent requested an extension of time to file an Answer, which the Court granted. The Answer is now due March 27, 2018. Once the Answer has been filed, Petitioner may file a Reply within 30 days. Thereafter, the case will be taken under submission. (im)
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Friday, March 09, 2018
10 10 order Enlargement of Time to File Mon 03/12 2:46 PM
ORDER by Magistrate Judge Patrick J. Walsh. Good cause appearing, IT IS ORDERED that Respondent is granted to and including March 27, 2018, to file an Answer to the Petition for Writ of Habeas Corpus.8 (sbou)
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8 8 motion Enlargement of Time to File Document Fri 03/09 10:00 AM
EX PARTE APPLICATION for Enlargement of Time to File ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS filed by Respondent J. Gastelo. (Madeo, David)
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Att: 1 Proposed Order
Wednesday, March 07, 2018
9 9 attorney Change of Address Fri 03/09 2:23 PM
NOTICE of Change of address Changing petitioner's address to Oscar Vargas AI-4145, RJ Donavan Correctional Facility, 480 Alta Road, San Diego CA 92179. Filed by Petitioner Oscar E Vargas. (sbou)
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Friday, January 26, 2018
7 7 attorney Change of Address Mon 01/29 3:05 PM
NOTICE of Change of address Changing petitioner's address to Oscar Vargas AI-4145, RJ Donavan, 480 Alta Road, San Diego CA 92179. Filed by Petitioner Oscar E. Vargas. (sbou)
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Monday, January 22, 2018
6 6 order Enlargement of Time to File Mon 01/22 12:43 PM
ORDER by Magistrate Judge Patrick J. Walsh. Good cause appearing, IT IS ORDERED that Respondent is granted to and including February 26, 2018, to file a Motion to Dismiss and to and including March 13, 2018, to file an Answer to the Petition for Writ of Habeas Corpus. re5 EX PARTE APPLICATION for Enlargement of Time to File. (sbou)
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5 5 motion Enlargement of Time to File Document Mon 01/22 11:37 AM
EX PARTE APPLICATION for Enlargement of Time to File MOTION TO DISMISS and ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS filed by Respondent J. Gastelo. (Attorney David Elgin Madeo added to party J. Gastelo(pty:res)) (Madeo, David)
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Att: 1 Proposed Order
Thursday, December 28, 2017
4 4 4 pgs order Order Requiring Return/Answer to Petition Wed 01/03 10:07 AM
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Patrick J. Walsh. that Respondent J. Gastelo file Answer to the Petition not later than 2/20/2018. 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 2/2/2018. (sbou)
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Att: 1 Habeas Petition Pt1,
Att: 2 Habeas Petition Pt2,
Att: 3 Habeas Petition Pt3,
Att: 4 Habeas Petition Pt4,
Att: 5 Habeas Petition Pt5,
Att: 6 Petitioner's Election Re Consent,
Att: 7 Consent Form
Thursday, December 21, 2017
3 3 notice Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form Fri 12/22 10:06 AM
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John F. Walter and referred to Magistrate Judge Patrick J. Walsh, 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)
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2 2 misc Consent to Proceed before US Magistrate Judge - NON-FINAL Fri 12/22 10:06 AM
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Oscar Vargas. (ghap)
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1 1 cmp Petition for Writ of Habeas Corpus (2254) Fri 12/22 10:04 AM
PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge John F. Walter and referred to Magistrate Judge Patrick J. Walsh.(Filing fee $ 5: FEE DUE.), filed by petitioner Oscar Vargas. (ghap)
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Att: 1 Part 1 2254,
Att: 2 Part 2 2254,
Att: 3 Part 3 2254,
Att: 4 Part 4 2254