Mikeal Glenn Stine v. L. Milusnic

California Central District Court
Judge:R Gary Klausner
Referred: Shashi H Kewalramani
Case #: 2:17-cv-02079
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2241 Petition for Writ of Habeas Corpus (federal)
Case Filed:Mar 15, 2017
Terminated:Mar 08, 2018

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Docket last updated: 04/23/2024 11:59 PM PDT
Wednesday, August 29, 2018
43 43 appeal USCA Memorandum/Opinion/Order Fri 08/31 3:19 PM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals37 filed by Mikeal Glenn Stine. CCA # 18-55400 The request for a certificate of appealability is denied. (bp)
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Tuesday, April 10, 2018
42 42 3 pgs order Order Wed 04/11 7:17 AM
ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY by Judge R. Gary Klausner. The Court finds that Petitioner has failed to make the requisite showing that "jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Id. at 484. Accordingly, the Court declines to issue a COA in this case. (SEE ORDER FOR FURTHER SPECIFICS) (bp)
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Wednesday, April 04, 2018
41 41 appeal USCA Memorandum/Opinion/Order Thu 04/05 10:44 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals37 filed by Mikeal Glenn Stine. CCA # 18-55400 Accordingly, this case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the court's earliest convenience. The 9th CCA Clerk shall send a copy of this order to the district court judge. (lom)
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40 40 order Minutes of In Chambers Order/Directive - no proceeding held Wed 04/04 11:49 AM
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner: The Court is in receipt of the Order filed by the Ninth Circuit Court of Appeals on April 4, 2018, remanding the action for the limited purpose of granting or denying a certificate of appealability. The matter is referred to Magistrate Judge Kewalramani for recommendation. (bp)
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Wednesday, March 28, 2018
39 39 order Notice of Document Discrepancies and Order - Rejecting (CV 104A) Minutes of In Chambers Order/Directive - no proceeding held Thu 03/29 11:25 AM
NOTICE OF DISCREPANCY AND MINUTE ORDER REJECTING DOCUMENT AND DIRECTING CLERK OFCOURT TO MAIL FORM by Judge R. Gary Klausner, ORDERING Letter submitted by Petitioner Mikeal Glenn Stine received on 3/19/2018 is not to be filed but instead rejected. Denial based on: Case closed on 3/18/18; however, judicial determination is required. See attached Minute Order by Judge R. Gary Klausner. If Petitioner wishes to seek relief for civil rights violations, he must do so by initiating a new action, under 28 U.S.C. § 1983, and may do so on the blank Central District civil rights complaint form that will be mailed to him by the Clerk of Court. Accordingly, the Clerk of Court is directed to mail Petitioner a blank Central District civil rights complaint form. IT IS SO ORDERED. (yl)
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Tuesday, March 27, 2018
38 38 appeal USCA Notification of Case Number Tue 03/27 5:33 PM
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55400 assigned to Notice of Appeal to 9th Circuit Court of Appeals37 as to Petitioner Mikeal Glenn Stine. (lom)
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Thursday, March 22, 2018
37 37 appeal Appeal to 9th Circuit Court of Appeals Mon 03/26 11:57 AM
NOTICE OF APPEAL to the 9th CCA filed by Petitioner Mikeal Glenn Stine. Appeal of Judgment36 Filed On: 3/8/18; Entered On: 3/9/18; In forma pauperis was granted, see item 9. (mat)
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Thursday, March 08, 2018
36 36 judgmentCV Judgment Fri 03/09 10:13 AM
JUDGMENT by Judge R. Gary Klausner, Related to: R&R - Accepting Report and Recommendations,35 . IT IS HEREBY ADJUDGED that this action is dismissed with prejudice. (MD JS-6, Case Terminated). (mrgo)
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35 35 order R&R - Accepting Report and Recommendations Fri 03/09 10:11 AM
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge R. Gary Klausner re Report and Recommendation (Issued),33 . IT IS THEREFORE ORDERED that Judgment be entered dismissing this action with prejudice and without leave to amend. (mrgo)
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Monday, January 08, 2018
34 34 reportrecommend Notice of Report and Recommendation Mon 01/08 12:37 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Shashi H. Kewalramani and Lodging of Proposed Judgment and Order. Objections to R&R due by 2/8/2018 (dc)
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33 33 reportrecommend Report and Recommendation (Issued) Mon 01/08 12:37 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge Shashi H. Kewalramani. Re NOTICE OF MOTION AND MOTION to Dismiss Case FOR WRIT OF HABEAS CORPUS BY A PERSON IN FEDERAL CUSTODY (28 U.S.C. § 2241) 22 , Petition for Writ of Habeas Corpus (2241),1 (dc)
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Friday, August 11, 2017
32 32 cs_rasgn Chief Magistrate Judge Transferring Case (non-consent) Mon 08/14 9:59 AM
ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 17-090 by Magistrate Judge Patrick J. Walsh. Pursuant to the recommended procedure adopted by the Court for the CREATION OF THE CALENDAR of Magistrate Judge Shashi H. Kewalramani, this case is transferred from the calendar of Magistrate Judge Alicia G. Rosenberg All documents subsequently filed shall bear this new case designation 2:17-cv-02079 RGK (SHK) absent further order of the Court. (esa)
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Monday, June 19, 2017
31 31 order Order Tue 06/20 5:19 PM
ORDER RE: FILING OF OPPOSITION TO MOTION TO DISMISS by Magistrate Judge Alicia G. Rosenberg, re NOTICE OF MOTION AND MOTION to Dismiss Case FOR WRIT OF HABEAS CORPUS BY A PERSON IN FEDERAL CUSTODY (28 U.S.C. § 2241) 22 . On May 1, 2017, Respondent filed a motion to dismiss. Petitioner's opposition was due on June 8, 2017. The court believes an opposition may be of assistance in determining this matter. Therefore, Petitioner is ORDERED to file an opposition no later than July 17, 2017. Petitioner is advised that failure to oppose a motion to dismiss may be construed as consent to granting the motion and may result in dismissal of the action. (mp)
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Thursday, May 11, 2017
30 30 order For Order Fri 05/12 12:01 PM
ORDER ON PETITIONER'S REQUEST FOR INJUNCTIVE RELIEF by Judge R. Gary Klausner: denying7 MOTION for Order. On March 22, 2017, when Petitioner was housed at the Metropolitan Detention Center ("MDC") in Los Angeles, he filed a one-page document entitled "Motion for Court Order." (Dkt. No. 7.) The Court CONSTRUES this motion as seeking a preliminary injunction pursuant to Fed. R. Civ. P. 65. Neither the balance of equities nor the public interest weighs strongly in favor of Petitioner. Petitioner's motion for a preliminary injunction is DENIED. To the extent Petitioner seeks any additional relief in his reply, it is DENIED WITHOUT PREJUDICE. (See Order for details.) (mp)
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29 29 service Proof of Service (subsequent documents) Thu 05/11 10:52 AM
PROOF OF SERVICE filed by respondent L. Milusnic, served on 5/9/2017. (Choe, Julia)
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28 28 order Response By Court to Notice of Deficiencies (G-112B) Thu 05/11 10:04 AM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Miscellaneous Document26 by Magistrate Judge Alicia G. Rosenberg. The document is stricken and counsel is ordered to file an amended or corrected document. (kl)
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27 27 notice Deficiency in Electronically Filed Documents (G-112A) Thu 05/11 10:02 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document26 . The following error(s) was found: Incorrect event selected. The correct event is: Proof of Service (subsequent documents). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl)
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Tuesday, May 09, 2017
26 26 misc Miscellaneous Document Tue 05/09 2:50 PM
GOVERNMENT'S PROOFS OF SERVICE (Choe, Julia)
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Monday, May 08, 2017
25 25 notice Notice (Other) Mon 05/08 4:55 PM
REQUEST THE COURT TAKE JUDICIAL NOTICE, AND REQUEST FOR ORDER filed by Petitioner Mikeal Glenn Stine. (mp)
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Monday, May 01, 2017
24 24 order Seal Case Mon 05/01 4:20 PM
MINUTES (IN CHAMBERS) by Magistrate Judge Alicia G. Rosenberg: denying12 MOTION to Seal Case. PLAINTIFF'S MOTION TO SEAL CASE. On March 30, 2017, Petitioner filed a motion to seal. (Dkt. No. 12.) Petitioner has not demonstrated compelling reasons to seal the entire case. IT IS ORDERED that Petitioner's Motion to Seal is DENIED WITHOUT PREJUDICE. (mp)
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23 23 order For Order Mon 05/01 4:15 PM
MINUTES (IN CHAMBERS) by Magistrate Judge Alicia G. Rosenberg: denying13 MOTION for Order. PLAINTIFF'S MARCH 30, 2017 LETTER REQUEST. On March 30, 2017, Petitioner filed a letter request to ensure that the petition dated March 15, 2017 is the operative pleading, rather than an earlier version dated March 9, 2017. (Dkt. No. 13.) Petitioner is correct. The operative Second Amended Petition is the petition dated March 15, 2017. IT IS ORDERED that Petitioner's letter request is DENIED AS MOOT. (mp)
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22 22 motion Dismiss Case Mon 05/01 12:45 PM
NOTICE OF MOTION AND MOTION to Dismiss Case FOR WRIT OF HABEAS CORPUS BY A PERSON IN FEDERAL CUSTODY (28 U.S.C. § 2241) filed by respondent L. Milusnic. (Choe, Julia)
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21 21 order Response By Court to Notice of Deficiencies (G-112B) Mon 05/01 11:16 AM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MEMORANDUM in Opposition to Motion19 by Magistrate Judge Alicia G. Rosenberg. The document is stricken and counsel is ordered to file an amended or corrected document. (kl)
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20 20 notice Deficiency in Electronically Filed Documents (G-112A) Mon 05/01 11:14 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MEMORANDUM in Opposition to Motion19 . The following error(s) was found: Incorrect event selected. The correct event is: Motions and Related Filings - Dismiss. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl)
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Friday, April 28, 2017
19 19 respm Memorandum in Opposition to Motion Fri 04/28 5:43 PM
MEMORANDUM in Opposition filed by Respondent L. Milusnic. (Choe, Julia)
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Monday, April 24, 2017
18 18 notice Notice (Other) Wed 04/26 10:57 AM
MOTION FOR COURT ORDER filed by Petitioner Mikeal Glenn Stine. (kl)
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Friday, April 21, 2017
16 16 attorney Change of Address Fri 04/21 3:06 PM
NOTICE of Change of address Filed by Petitioner Mikeal Glenn Stine. (kl)
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Friday, April 14, 2017
15 15 respm Motion Related Document Fri 04/14 1:00 PM
RESPONSE re NOTICE OF MOTION AND MOTION for Order7 filed by Respondent L. Milusnic. (Choe, Julia)
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Thursday, March 30, 2017
14 14 order Minutes of In Chambers Order/Directive - no proceeding held Fri 03/31 4:55 PM
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg re: NOTICE OF MOTION AND MOTION for Order7 . Motion for Court Order. On March 22, 2017, petitioner filed a motion requesting the court to order respondent and the Bureau of Prisons not to transfer petitioner from the Metropolitan Detention Center or the Central District of California pending resolution of his petition. IT IS HEREBY ORDERED that: 1. Respondent shall file an opposition on or before April 14, 2017. 2. Petitioner may file a reply within 20 days of service of the opposition. 3. Unless otherwise ordered, the court will take the motion under submission without oral argument as of the date the reply is due. (mp)
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13 13 misc Letter Fri 03/31 2:19 PM
Letter from Petitioner Mikeal Glenn Stine. (kl)
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12 12 motion Seal Case Fri 03/31 2:18 PM
MOTION TO SEAL filed by Petitioner Mikeal Glenn Stine. (kl)
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Wednesday, March 29, 2017
11 11 order Notice of Document Discrepancies and Order - Rejecting (CV 104A) Fri 03/31 2:17 PM
NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Alicia G. Rosenberg. ORDERING First Amended Verified Petition for Writ of Habeas Corpus 28 USC Section 2241 submitted by Petitioner Mikeal Glenn Stine received on March 22, 2017 is not to be filed but instead rejected. Denial based on: Other: Duplicate filing. The First Amended Verified Petition was filed on 3/17/2017. (kl)
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10 10 notice Appearance Wed 03/29 3:55 PM
NOTICE of Appearance filed by attorney Julia Sun Choe on behalf of Respondent L. Milusnic (Attorney Julia Sun Choe added to party L. Milusnic(pty:res))(Choe, Julia)
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9 9 order Proceed In Forma Pauperis with Declaration in Support (CV-60) Wed 03/29 3:00 PM
MINUTES (IN CHAMBERS) by Magistrate Judge Alicia G. Rosenberg: granting8 APPLICATION to Proceed in Forma Pauperis with Declaration in Support (CV-60). PETITIONER'S REQUEST TO PROCEED IN FORMA PAUPERIS IS GRANTED. The Court reviews Petitioner's request to proceed in forma pauperis filed on March 22, 2017. Petitioner's request to proceed in forma pauperis is GRANTED. IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus by a Person in Federal Custody may be filed without prepayment of the filing fee. (mp)
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5 5 order Minutes of In Chambers Order/Directive - no proceeding held Wed 03/29 2:32 PM
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg. SECOND AMENDED PETITION. Now before the Court is another version of the petition, received on March 22, 2017 and bearing a signature date of March 15, 2017. The Court CONSTRUES the submission of the proposed SAP as implicitly including a motion for leave to file it. Because the SAP appears substantially identical to the FAP, and because the likelihood of prejudice to Respondent is minimal at this early stage, the Court GRANTS that motion. IT IS ORDERED that the Second Amended Petition be filed. (See Order for details.) (mp)
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Wednesday, March 22, 2017
8 8 motion Proceed In Forma Pauperis with Declaration in Support (CV-60) Wed 03/29 2:49 PM
APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by Petitioner Mikeal Glenn Stine. (mp)
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7 7 motion Order Wed 03/29 2:43 PM
MOTION FOR COURT ORDER filed by Petitioner Mikeal Glenn Stine. (mp)
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Att: 1 Proposed Order
6 6 othcmp Amended Petition for Writ of Habeas Corpus Wed 03/29 2:38 PM
SECOND AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Respondent L. Milusnic amending First Amended Petition for Writ of Habeas Corpus4 filed by Petitioner Mikeal Glenn Stine(mp)
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Friday, March 17, 2017
4 4 othcmp Amended Petition for Writ of Habeas Corpus Wed 03/22 11:16 AM
FIRST AMENDED VERIFIED PETITION FOR WRIT OF HABEAS CORPUS against Respondent L. Milusnic amending Petition for Writ of Habeas Corpus (2241),1 , filed by Petitioner Mikeal Glenn Stine(mp)
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3 3 order Order Requiring Return/Answer to Petition Fri 03/17 2:32 PM
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Alicia G. Rosenberg. Within 14 days, Respondent shall serve and file a Notice of Appearance notifying the court of the name of the attorney who will have principal charge of the case, together with the address where the attorney may be served, and the attorney's telephone and fax number. Respondent L. Milusnic shall file Answer to the Petition not later than 5/31/2017. Motions to Dismiss shall be filed by 5/16/2017. Petitioner shall file his opposition to the motion within 30 days of the date of service thereof. Within 14 days of the service of the opposition, Respondent shall file a reply, if any, to Petitioner's opposition to a motion to dismiss. If the motion is denied, the court will afford Respondent adequate time to respond to Petitioner's claims on themerits. 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. (See Order for details.) (mp)
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Att: 1 Petition
Wednesday, March 15, 2017
2 2 notice Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form Thu 03/16 5:20 PM
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge R. Gary Klausner and referred to Magistrate Judge Alicia G. Rosenberg, 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. (et) (et)
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Att: 1 (3/16/2017) CV111 Notice re discrepancies for filing of Habeas Corpus Petition and CV60p IFP Request
1 1 cmp Petition for Writ of Habeas Corpus (2241) Thu 03/16 5:20 PM
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241). Case assigned to Judge R. Gary Klausner and referred to Magistrate Judge Alicia G. Rosenberg. (Filing fee $ 5 FEE DUE.), filed by Petitioner Mikeal Glenn Stine. (et)
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