Celaya v. Superior Court of California

California Southern District Court
Judge:John A Houston
Referred: Bernard G Skomal
Case #: 3:17-cv-00552
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2254 Petition for Writ of Habeas Corpus (State)
Case Filed:Mar 20, 2017
Terminated:Jul 03, 2018
Petitioner
Marco Celaya
Respondent
Superior Court of California

GPO Feb 28 2018
REPORT AND RECOMMENDATION re 6 MOTION to Dismiss. Objections to R&R due by 3/15/2018. Replies due by 3/22/2018. Signed by Magistrate Judge Bernard G. Skomal on 2/28/2018.(jpp)
GPO Jul 03 2018
ORDER overruling Petitioner's objections; adopting 11 the Magistrate Judge's Report and Recommendation; granting 6 Respondent's motion to dismiss; and dismissing Petition for Writ of Habeas Corpus as untimely. Signed by Judge John A. Houston on 7/03/2018. (jpp)
GPO Jul 06 2018
AMENDED ORDER overruling Petitioner's objections; adopting 11 the Magistrate Judge's Report and Recommendation; granting 6 Respondent's motion to dismiss; and dismissing Petition for Writ of Habeas Corpus as untimely; and denying certificate of appealability. Signed by Judge John A. Houston on 7/05/2018.(jpp)

Docket last updated: 04/23/2024 11:59 PM PDT
Monday, April 01, 2019
20 20 appeal USCA Order Mon 04/01 1:17 PM
ORDER of USCA as to16 Notice of Appeal to the 9th Circuit filed by Marco Celaya. The request for a certificate of appealability is denied because appellant has not shown that "jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Any pending motions are denied as moot. Denied. (akr)
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Tuesday, August 28, 2018
19 19 misc Withdrawal of Document Tue 08/28 11:17 AM
NOTICE OF WITHDRAWAL OF DOCUMENT by Marco Celaya re18 MOTION for Leave to Appeal in forma pauperis Pro Se filed by Marco Celaya .(Codner, Michael). (akr)
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Att: 1 Proof of Service
18 18 motion Appeal In Forma Pauperis Tue 08/28 10:46 AM
***WITHDRAWN BY THE FILER PER19 NOTICE OF WITHDRAWAL OF DOCUMENT***: MOTION for Leave to Appeal in forma pauperis Pro Se by Marco Celaya.(Codner, Michael). (akr). (Modified on 8/28/2018: Per19 Notice of Withdrawal of Document, the motion, which is captioned to the US Court of Appeals, has been withdrawn by the filer. The filer will forward the filing to the US Court of Appeals.) (akr)
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Att: 1 Affidavit,
Att: 2 Proof of Service
Monday, August 06, 2018
17 17 appeal USCA Case Number Mon 08/06 10:28 AM
USCA Case Number 18-56055 for16 Notice of Appeal to 9th Circuit, filed by Marco Celaya. (akr)
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Friday, August 03, 2018
16 16 appeal Notice of Appeal to 9th Circuit Fri 08/03 6:15 PM
NOTICE OF APPEAL to the 9th Circuit as to15 Order, by Marco Celaya., IFP Filed (Notice of Appeal electronically transmitted to US Court of Appeals.)(Codner, Michael)
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Att: 1 Declaration Declaration of Michael J. Codner,
Att: 2 Proof of Service
Friday, July 06, 2018
15 15 8 pgs order Order Fri 07/06 9:03 AM
AMENDED ORDER overruling Petitioner's objections; adopting11 the Magistrate Judge's Report and Recommendation; granting 6 Respondent's motion to dismiss; and dismissing Petition for Writ of Habeas Corpus as untimely; and denying certificate of appealability. Signed by Judge John A. Houston on 7/05/2018.(jpp)
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Tuesday, July 03, 2018
14 14 order Judgment - Clerk Tue 07/03 11:42 AM
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Petitioner's objections are overruled. The Magistrate Judge's Report and Recommendation is adopted.Respondent's motion to dismiss the Petition for Writ of Habeas Corpus is granted.(jpp)
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13 13 7 pgs order Order on Motion to Dismiss Order on Report and Recommendation Tue 07/03 11:34 AM
ORDER overruling Petitioner's objections; adopting11 the Magistrate Judge's Report and Recommendation; granting6 Respondent's motion to dismiss; and dismissing Petition for Writ of Habeas Corpus as untimely. Signed by Judge John A. Houston on 7/03/2018. (jpp)
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Wednesday, March 14, 2018
12 12 respm Objection to Report and Recommendation Wed 03/14 3:58 PM
Objection to Report and Recommendation re11 REPORT AND RECOMMENDATION re6 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Superior Court of California filed by Marco Celaya.(Codner, Michael)
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Att: 1 Proof of Service
Wednesday, February 28, 2018
11 11 motion Report and Recommendation Thu 03/01 8:27 AM
REPORT AND RECOMMENDATION re6 MOTION to Dismiss. Objections to R&R due by 3/15/2018. Replies due by 3/22/2018. Signed by Magistrate Judge Bernard G. Skomal on 2/28/2018.(jpp)
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Tuesday, August 15, 2017
10 10 respm Response in Opposition to Motion Tue 08/15 8:32 AM
RESPONSE in Opposition re6 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Marco Celaya.(Codner, Michael)
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Att: 1 Proof of Service
Tuesday, July 18, 2017
9 9 order Order on Motion for Extension of Time to File Tue 07/18 10:21 AM
ORDER granting8 unopposed Motion to continue Petitioner's deadline to file opposition to Respondent's motion to dismiss and setting reply deadline. Petitioner must file his Opposition, if any, to the motion no later than 8/16/2017. Respondent shall file a Reply to Petitioners Opposition to the Motion to Dismiss on or before 9/01/2017. Signed by Magistrate Judge Bernard G. Skomal on 7/18/2017. (jpp)
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Thursday, July 13, 2017
8 8 motion Extension of Time to File Thu 07/13 6:21 PM
Joint MOTION for Extension of Time to File Objection to Respondent's Motion to Dismiss Petition for Writ of Habeas Corpus by Marco Celaya.(Codner, Michael)
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Att: 1 Proof of Service
Tuesday, June 06, 2017
7 7 notice Notice of Lodgment of State Court Record Tue 06/06 11:38 AM
NOTICE of Lodgment of State Court Record by Superior Court of California re6 MOTION to Dismiss Petition for Writ of Habeas Corpus (LaPietra, Vincent)
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Att: 1 Lod 1,
Att: 2 Lod 2,
Att: 3 Lod 3,
Att: 4 Lod 4,
Att: 5 Lod 5,
Att: 6 Lod 6,
Att: 7 Lod 7,
Att: 8 Lod 8,
Att: 9 Lod 9,
Att: 10 Lod 10
6 6 motion Dismiss Tue 06/06 11:34 AM
MOTION to Dismiss Petition for Writ of Habeas Corpus by Superior Court of California.(LaPietra, Vincent)
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Att: 1 Memo of Points and Authorities in Support of Motion to Dismiss Petition for Writ of Habeas Corpus
Tuesday, April 11, 2017
5 5 notice Notice of Appearance Tue 04/11 2:26 PM
NOTICE of Appearance by Vincent Paul LaPietra on behalf of Superior Court of California (LaPietra, Vincent)Attorney Vincent Paul LaPietra added to party Superior Court of California(pty:res)
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Monday, April 03, 2017
4 4 misc Supplemental Document Mon 04/03 2:09 PM
SUPPLEMENTAL DOCUMENT by Marco Celaya re3 Notice of Appearance Proof of Service . (Codner, Michael)
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3 3 notice Notice of Appearance Mon 04/03 2:03 PM
NOTICE of Appearance by Michael J Codner on behalf of Marco Celaya (Codner, Michael)
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Monday, March 27, 2017
2 2 order Order Setting Briefing Schedule - Habeas Corpus Tue 03/28 4:43 PM
ORDER REQUIRING RESPONSE TO PETITION: Respondent must file a "Notice of Appearance" no later than 4/17/2017. Motion to Dismiss due 6/9/2017, Opposition to Motion due 7/17/2017. OR Answer by Respondent due 6/9/2017, Traverse by Petitioner due 7/17/2017. Signed by Magistrate Judge Bernard G. Skomal on 3/27/2017. (The Petition and this Order were electronically served on Calif. Atty Gen.) (mdc)
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Monday, March 20, 2017
1 1 cmp Petition for Writ of Habeas Corpus Tue 03/21 9:56 AM
Petition for Writ of Habeas Corpus against Superior Court of California ( Filing fee $ 5 receipt number 0974-9914268), filed by Marco Celaya. The new case number is 3:17-cv-00552-JAH-BGS. Judge John A. Houston and Magistrate Judge Bernard G. Skomal are assigned to the case. (Codner, Michael)(nbp) (jao)
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Att: 1 Civil Cover Sheet,
Att: 2 Memo of Points and Authorities,
Att: 3 Appendix,
Att: 4 Proof of Service