Michael Berry v. Eric Arnold et al

California Central District Court
Judge:Manuel L Real
Referred: Charles F Eick
Case #: 2:17-cv-02140
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2254 Petition for Writ of Habeas Corpus (State)
Case Filed:Mar 17, 2017
Terminated:Aug 22, 2017

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Docket last updated: 04/25/2024 11:59 PM PDT
Tuesday, August 22, 2017
19 19 order Certificate of Appealability - Order of USDC Wed 08/23 3:29 PM
Order by Judge Manuel L. Real denying Certificate of Appealability. (mat)
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18 18 judgmentCV Judgment Wed 08/23 10:10 AM
JUDGMENT by Judge Manuel L. Real. Pursuant to the "Order of Dismissal," It is Adjudged that the First Amended Petition is denied and dismissed without prejudice. (MD JS-6, Case Terminated). (sp)
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17 17 order Order Wed 08/23 10:08 AM
ORDER OF DISMISSAL by Judge Manuel L. Real. Respondent's Motion to Vacate is granted. The Court's 4//21/17 "Order Requiring Answer to First Amended Petition, etc." is vacated. The Petition is denied and dismissed without prejudice. (sp)
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Tuesday, August 15, 2017
16 16 respm Objection/Opposition (Motion related) Thu 08/17 3:32 PM
Opposition re: NOTICE OF MOTION AND MOTION to Vacate ORDER REQUIRING RESPONSE TO FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS 12 filed by Petitioner Michael Berry. (sp)
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Thursday, July 20, 2017
15 15 order Minutes of In Chambers Order/Directive - no proceeding held Thu 07/20 4:28 PM
MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick. The Court is in receipt of Respondent's "Motion to Vacate Order Requiring Response to First Amended Petition, etc.", filed 7/13/17. Petitioner shall file opposition to the Motion within 30 days of the date of this order. At that time, the Court will take the Motion under submission without oral argument, unless the Court otherwise orders. Failure to file timely opposition to the Motion may result in the denial and dismissal of the Petition. Respondent need not file an Answer to the Petition until further order of this Court. (sp)
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Thursday, July 13, 2017
14 14 notice Notice of Lodging Thu 07/13 2:43 PM
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Vacate ORDER REQUIRING RESPONSE TO FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES 12(Dominguez, E)
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Att: 1 PetHCNOL8,
Att: 2 OrderDenyingNOL9,
Att: 3 PetHCNOL10,
Att: 4 OrderDenyingPetNOL11
13 13 notice Notice of Lodging Thu 07/13 2:28 PM
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Vacate ORDER REQUIRING RESPONSE TO FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES 12(Dominguez, E)
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Att: 1 COAOpinionNOL1,
Att: 2 PetHCNOL2,
Att: 3 OrderDenyingPetNOL3,
Att: 4 PetHCNOL4,
Att: 5 OrderNOL5,
Att: 6 PetHCNOL6,
Att: 7 OrderNOL7,
Att: 8 R&RNOL12,
Att: 9 OrderUSDCNOL13,
Att: 10 JudgmentUSDCNOL14,
Att: 11 OrderDenyingCertNOL15
12 12 motion Vacate Thu 07/13 1:47 PM
NOTICE OF MOTION AND MOTION to Vacate ORDER REQUIRING RESPONSE TO FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Respondent Eric Arnold. (Dominguez, E)
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Monday, July 03, 2017
11 11 misc Exhibit (non-trial) Wed 07/05 3:54 PM
DECLARATION AND EXHIBITS Filed filed by Petitioner Michael Berry. (dml)
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Monday, June 05, 2017
10 10 order Extension of Time to Answer Thu 06/08 10:40 AM
ORDER by Magistrate Judge Charles F. Eick. Good cause appearing, It is Hereby Ordered that Respondent is GRANTED until 7/13/17, to file an Answer to the First Amended Petition for Writ of Habeas Corpus. (sp)
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9 9 motion Extend Time to File Answer Mon 06/05 4:11 PM
Second APPLICATION to Extend Time to File Answer to 7/13/2017 filed by Respondent Eric Arnold. (Dominguez, E)
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Att: 1 Proposed Order re Second Application for Extension of Time to File Answer
Monday, May 08, 2017
8 8 order Extension of Time to Answer Wed 05/10 10:17 AM
ORDER by Magistrate Judge Charles F. Eick. Good cause appearing, It is Hereby Ordered that Respondent is GRANTED until 6/13/17, to file an Answer to the First Amended Petition for Writ of Habeas Corpus.(sp)
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7 7 motion Extend Time to File Answer Mon 05/08 2:42 PM
First APPLICATION to Extend Time to File Answer to 6/13/2017 filed by Respondent Eric Arnold. (Attorney E Carlos Dominguez added to party Eric Arnold(pty:res)) (Dominguez, E)
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Att: 1 Proposed Order re First Application for Extension of Time to File Answer to First Amended Petition
Friday, April 21, 2017
6 6 order Order Fri 04/21 1:23 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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5 5 order Order Requiring Return/Answer to Petition Fri 04/21 1:20 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 1st amended petition,
Att: 2 notice,
Att: 3 Order dismissing,
Att: 4 petition
Wednesday, April 19, 2017
4 4 othcmp Amended Petition for Writ of Habeas Corpus Fri 04/21 10:49 AM
FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS amending Petition1 filed by Petitioner Michael Berry.(sp)
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Wednesday, March 22, 2017
3 3 order Dismissing Case Wed 03/22 4:12 PM
ORDER DISMISSING PETITION WITH LEAVE TO AMEND by Judge Manuel L. Real, re Petition for Writ of Habeas Corpus (2254),1 . The Petition is dismissed without prejudice. If Petitioner intends to pursue habeas corpus relief in the United States District Court for the Central District of California at this time, Petitioner shall file a First Amended Petition that utilizes the approved form. The First Amended Petition shall be complete in itself. It shall not refer in any manner to the original Petition. In other words, Petitioner must start over when preparing the First Amended Petition. The First Amended Petition shall contain a short and plain statement of the grounds for relief and the supporting facts. Failure to file a First Amended Petition within thirty (30) days of the date of this Order may result in the dismissal of this action for failure to prosecute. (dml)
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Friday, March 17, 2017
2 2 notice Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form Tue 03/21 9:28 AM
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Manuel L. Real and 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. 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)
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Att: 1 CV111 Notice re discrepancies for filing of Habeas Corpus Petition and cv60 IFP Request
1 1 cmp Petition for Writ of Habeas Corpus (2254) Tue 03/21 9:19 AM
[PETITIONER SEEKS REVIEW DE NOVO UNDER 28 USC 2254] PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Manuel L. Real and referred to Magistrate Judge Charles F. Eick. (Filing fee $ 5 FEE DUE.), filed by Petitioner Michael Berry. (et)
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