Leroy Burton III v. L. Matsuno
| California Central District Court | |
| Judge: | George H Wu |
| Referred: | Charles F Eick |
| Case #: | 5:16-cv-01015 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | May 16, 2016 |
| Terminated: | Mar 31, 2017 |
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| Docket last updated: 5 hours ago |
| Monday, July 16, 2018 | ||
| 39 | 39
appeal
USCA Mandate
Tue 07/17 10:21 AM
MANDATE of the 9th CCA filed as to Petitioner Leroy Burton III re re: Notice of Appeal to 9th Circuit Court of Appeals33 , CCA # 18-55628 The judgment of the 9th Circuit Court, entered June 22, 2018, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA OPINION 38 DISMISSED.] (jp) |
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| Friday, June 22, 2018 | ||
| 38 | 38
appeal
USCA Memorandum/Opinion/Order
Mon 06/25 11:09 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals33 filed by Leroy Burton, III. CCA # 18-55628 The request for a certificate of appealability is dismissed because the notice of appeal was not timely filed, and because it is duplicative of Appeal No. 17-55832 (mrgo) |
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| Thursday, June 14, 2018 | ||
| 37 | 37
order
Issuance
Mon 06/18 2:22 PM
ORDER DENYING MOTIONS by Judge George H. Wu: denying36 MOTION. The Motions are untimely. More fundamentally, the Motions lack merit for the reasons stated in the "Report and Recommendation etc.," filed 9/6/16, the "Order Deny Certificate of Appealability," entered 4/4/17, and the Ninth Circuit's "Order" filed 2/22/18. Accordingly, the Motions are denied. (sp) |
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| Wednesday, May 16, 2018 | ||
| 35 | 35
utility
Assigned Appeal Number
Thu 05/17 8:18 AM
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned . Appeal Docket No. 18-55628 assigned to Notice of Appeal to the 9th Circuit Court of Appeals33 as to Petitioner Leroy Burton, III (et) |
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| Monday, May 07, 2018 | ||
| 36 | 36
motion
Issuance
Thu 05/17 3:18 PM
60(b) MOTION ATTACHED & REFERENCE TO THE ISSUE IN THE CERTIFICATE FOR COA filed by Petitioner Leroy Burton, III. (sp) |
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| 34 | 34
appeal
Certificate of Appealability
Tue 05/15 4:49 PM
MOTION for Certificate of Appealability; And Statement of Reasons In Support by Peitioner Leroy Burton, III (car) |
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| 33 | 33
appeal
Appeal to 9th Circuit Court of Appeals
Tue 05/15 4:46 PM
NOTICE OF APPEAL to the 9th CCA filed by Peitioner Leroy Burton, III. Appeal of Judgment26 Filed On: 3/31/2017; Entered On: 4/4/2017; Certificate of Appealability ruled on 3/31/17 see document 27. (car) |
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| Thursday, February 22, 2018 | ||
| 32 | 32
appeal
USCA Memorandum/Opinion/Order
Fri 02/23 9:24 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals,28 filed by Leroy Burton, III. CCA # 17-55832 The request for a certificate of appealability is DENIED. (lom) |
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| Tuesday, June 13, 2017 | ||
| 31 | 31
appeal
USCA Notification of Case Number
Tue 06/13 2:35 PM
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-55832 assigned to Notice of Appeal to 9th Circuit Court of Appeals,28 as to petitioner Leroy Burton, III. (mrgo) |
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| Friday, June 09, 2017 | ||
| 30 | 30
notice
Clerical Error (G-11)
Fri 06/09 2:31 PM
NOTICE OF CLERICAL ERROR: Due to The Notice of Appeal, and the attachment items28 , 28-1 and the Request for Certificate of Appealability, item29 arenow replaced due case number has been corrected to read ED16CV1015. (mat) |
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Att: 1
Notice of appeal item 28,
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Att: 2
Request of appointment item 28-1,
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Att: 3
Request for COA item 29
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| Monday, May 22, 2017 | ||
| 29 | 29
appeal
Certificate of Appealability
Fri 06/09 11:08 AM
REQUEST for Certificate of Appealability to USDC by Petitioner Leroy Burton, III (mat) (Main Document 29 replaced on 6/9/2017) (mat) |
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| 28 | 28
appeal
Appeal to 9th Circuit Court of Appeals
Fri 06/09 11:07 AM
NOTICE OF APPEAL for to the 9th CCA filed by Petitioner Leroy Burton, III. Appeal of Judgment26 Filed On: 3/31/17; Entered On: 4/4/17; Certificate of Appealability has been ruled on 3/31/17, see document 27. And Request appointment of Counsel attached to this Notice of Appeal. (mat) (Main Document 28 replaced on 6/9/2017) (mat). (Attachment 1 replaced on 6/9/2017) (mat) |
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Att: 1
Request for Appointment of Counsel
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| Friday, March 31, 2017 | ||
| 27 | 27
order
Certificate of Appealability - Order of USDC
Tue 04/04 4:40 PM
ORDER DENYING CERTIFICATE OF APPEALABILITY by Judge George H. Wu (car) |
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| 26 | 26
judgmentCV
Judgment
Tue 04/04 2:35 PM
JUDGMENT by Judge George H. Wu. Pursuant to the Order Accepting Findings, Conclusions and Recommendations of United States Magistrate Judge, It is Adjudged that the Petition is denied and dismissed with prejudice. (MD JS-6, Case Terminated). (sp) |
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| 25 | 25
order
R&R - Accepting Report and Recommendations
Tue 04/04 2:32 PM
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge George H. Wu. The Court accepts and adopts the Magistrate Judge's Report and Recommendation. It is Ordered: (1) Petitioner's request for a stay is denied and is moot; and (2) Judgment shall be entered denying and dismissing the Petition with prejudice. (sp) |
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| 24 | 24
order
R&R - Accepting Report and Recommendations
Tue 04/04 2:29 PM
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge George H. Wu. The Court accepts and adopts the Magistrate Judge's Report and Recommendation. It is Ordered: (1) Petitioner's request for a stay is denied as moot; and (2) Judgment shall be entered denying and dismissing the Petition with prejudice. (sp) |
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| Tuesday, November 08, 2016 | ||
| 23 | 23
textonly
Generic Text Only Entry
Tue 11/08 1:48 PM
NOTICE TO PARTIES by District Judge George H. Wu. Effective November 14, 2016, Judge Wu will be located at the 1st Street Courthouse, COURTROOM 9D on the 9th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 9D of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) |
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| Thursday, September 29, 2016 | ||
| 22 | 22
appeal
Certificate of Appealability
Wed 10/05 3:28 PM
REQUEST for Certificate of Appealability Pursuant to Fed R App P 22; Habeas Rule 11(a); And Request for Attorney, to USDC by Petitioner Leroy Burton, III. (mat) (mat) |
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Att: 1
Request for Appointment of Counsel,
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Att: 2
Exhibit Cover Page A
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Att: 3
(10/5/2016) NFPV CJA-23
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| Tuesday, September 06, 2016 | ||
| 21 | 21
reportrecommend
Report and Recommendation (Issued)
Wed 09/07 10:40 AM
REPORT AND RECOMMENDATION issued by Magistrate Judge Charles F. Eick. Re Petition for Writ of Habeas Corpus (2254),1 (dml) |
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| 20 | 20
reportrecommend
Notice of Report and Recommendation
Wed 09/07 10:38 AM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Charles F. Eick and Lodging of Proposed Judgment and Order. Objections to R&R due by 9/26/2016 (dml) |
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Att: 1
Report and Recommendation
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| Monday, August 22, 2016 | ||
| 19 | 19
10
pgs
misc
Memorandum of Points and Authorities in Support
Tue 08/30 2:55 PM
Denial and Exception to Order to Show Cause and MEMORANDUM of Points and Authorities in Support filed by Petitioner Leroy Burton, III. (sp) |
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| Wednesday, August 17, 2016 | ||
| 18 | 18
order
Minutes of In Chambers Order/Directive - no proceeding held
Wed 08/17 2:52 PM
MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick. Petitioner's "Request for Appointment of Counsel, etc.," received in chambers 8/12/16, is ordered filed and is hereby denied. (sp) |
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| 17 | 17
motion
Appointment of Counsel
Wed 08/17 2:50 PM
REQUEST for Appointment of Counsel and Declaration of Indigency filed by Petitioner Leroy Burton, III. (sp) |
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| Tuesday, July 26, 2016 | ||
| 16 | 16
order
Extension of Time to File
Tue 07/26 1:11 PM
MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. Petitioner's "Request for Extension of Time," filed 7/25/16, is granted in part and denied in part. The time within which Plaintiff shall file a Reply is extended to 8/25/16. All other terms of the Orders filed 5/19/16 remain in force. (sp) |
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| Monday, July 25, 2016 | ||
| 15 | 15
motion
Extension of Time to File Document
Mon 07/25 3:16 PM
REQUEST for Extension of Time filed by Petitioner Leroy Burton, III. (dml) |
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| Thursday, July 14, 2016 | ||
| 14 | 14
order
Appoint Counsel
Thu 07/14 1:06 PM
MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick: denying13 REQUEST for Appointment of Counsel. (dml) |
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| Monday, July 11, 2016 | ||
| 13 | 13
motion
Appointment of Counsel
Thu 07/14 10:08 AM
REQUEST for Appointment of Counsel filed by Petitioner Leroy Burton, III. (dml) |
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| Wednesday, July 06, 2016 | ||
| 12 | 12
notice
Notice of Lodging
Wed 07/06 11:45 AM
NOTICE OF LODGING filed re Answer to Complaint11(Jacobson, Lise) |
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Att: 1
Lodgment 1 Tentative Opn,
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Att: 2
Lodgment 2 AOB,
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Att: 3
Lodgment 3 Opn,
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Att: 4
Lodgment 4 Pet for Review,
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Att: 5
Lodgment 5 Denial - Pet for Review,
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Att: 6
Lodgment 6 RB,
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Att: 7
Lodgment 7 Reply Brief,
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Att: 8
Lodgment 8 1 of 3 RT 1,
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Att: 9
Lodgment 8 2 of 3 RT 2,
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Att: 10
Lodgment 8 3 of 3 RT Augment pp 1-122,
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Att: 11
Lodgment 9 1 of 2 CT 1,
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Att: 12
Lodgment 9 2 of 2 CT Supp
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| 11 | 11
answer
Answer to Complaint
Wed 07/06 11:37 AM
ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS filed by respondent L. Matsuno.(Jacobson, Lise) |
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Att: 1
27 pgs
Memorandum of Points and Authorities in Support of Answer to Petition for Writ of Habeas Corpus
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| Tuesday, June 28, 2016 | ||
| 10 | 10
order
Notice of Document Discrepancies and Order - Rejecting (CV 104A)
Wed 06/29 8:25 AM
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Charles F. Eick, ORDERING Request for Appointment of Counsel submitted by Petitioner Leroy Burton, III received on 6/24/2016 is not to be filed but instead rejected. Denial based on: Local Rule 5-3: Proof of service does not reflect service on Respondent. (dml) |
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| Wednesday, June 08, 2016 | ||
| 9 | 9
order
Notice of Document Discrepancies and Order - Rejecting (CV 104A)
Thu 06/09 9:41 AM
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Charles F. Eick, ORDERING Letter submitted by Petitioner Leroy Burton, III received on 6/6/16 is not to be filed but instead rejected. Denial based on: Local Rule 83-2.5: No letters to the judge; Fed.R.Civ.P.5: No proof of service attached to document; Document not signed. (sp) |
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| Tuesday, June 07, 2016 | ||
| 8 | 8
order
Extension of Time to Answer
Tue 06/07 4:07 PM
ORDER for Enlargement of Time to File Answer to Petition for Writ of Habeas Corpus by Magistrate Judge Charles F. Eick. Good cause having been shown, it is hereby ORDERED that the time for filing an Answer to the Petition for Writ of Habeas Corpus is extended to and including 7/11/16. (sp) |
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| 7 | 7
motion
Extend Time to File Answer
Tue 06/07 7:32 AM
APPLICATION to Extend Time to File Answer to 7/11/2016 filed by respondent L. Matsuno. (Jacobson, Lise) |
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Att: 1
Proposed Order
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| Thursday, May 26, 2016 | ||
| 6 | 6
notice
Appearance
Thu 05/26 12:55 PM
NOTICE of Appearance filed by attorney Lise S Jacobson on behalf of Respondent L. Matsuno (Attorney Lise S Jacobson added to party L. Matsuno(pty:res))(Jacobson, Lise) |
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| Thursday, May 19, 2016 | ||
| 5 | 5
order
Order
Thu 05/19 4:15 PM
ORDER by Magistrate Judge Charles F. Eick. It is Ordered that Petitioner shall serve upon Respondent or, if appearance has been entered by counsel, upon Respondent's attorneys, a copy of every future pleading or other document submitted for consideration by the Court. (sp) |
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| 4 | 4
order
Order Requiring Return/Answer to Petition
Thu 05/19 4:10 PM
ORDER REQUIRING ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Charles F. Eick. It is Hereby Ordered that Respondent file an Answer to the Petition within 23 days of the date of this Order. All lodged documents must be numbered sequentially. Each lodged document must be stapled or otherwise securely fastened, and must bear the lodgment number and case number on the first page of the document. It is Further Ordered that, if Petitioner desires to file a Reply to the Answer, Petitioner shall do so within 15 days of the date that the Answer is filed. It is Further Ordered that Respondent shall give timely notice of any court proceedings to any person who is a "crime victim" within the meaning of 18 U.S.C. section 3771. 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. (sp) |
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Att: 1
Petition part 1,
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Att: 2
Petition part 2,
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Att: 3
Petition part 3,
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Att: 4
election,
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Att: 5
notice
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| Monday, May 16, 2016 | ||
| 3 | 3
notice
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
Thu 05/19 2:56 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 George H. Wu. Pursuant to General Order 05-07, the within action is referred to Magistrate Judge Charles F. Eick, 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. (et) |
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| 2 | 2
misc
Consent to Proceed before US Magistrate Judge - NON-FINAL
Thu 05/19 2:55 PM
ELECTION REGARDING CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Leroy Burton, III. (et) |
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus (2254)
Thu 05/19 2:54 PM
PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge George H. Wu and referred to Magistrate Judge Charles F. Eick. (Filing fee $ 5 FEE DUE.), filed by Petitioner Leroy Burton, III. (et) |
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Att: 1
Part 1 to Petition,
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Att: 2
Part 2 to Petition
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