Daniel Lee Waterman v. Daniel Paramo et al
| California Central District Court | |
| Judge: | Percy Anderson |
| Referred: | John D Early |
| Case #: | 5:17-cv-01803 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Sep 06, 2017 |
| Terminated: | Jun 28, 2018 |
Create an account to get the full party report for this case.
| Docket last updated: 01/11/2026 11:59 PM PST |
| Thursday, June 28, 2018 | ||
| 25 | 25
order
Certificate of Appealability - Order of USDC
Mon 07/02 11:53 AM
Order by Judge Percy Anderson denying Certificate of Appealability. (mat) |
|
| 24 | 24
judgmentCV
Judgment
Fri 06/29 10:20 AM
JUDGMENT by Judge Percy Anderson. Pursuant to the Order Accepting Findings and Recommendation of the United States Magistrate Judge23 , IT IS ADJUDGED that the petition is denied and this action is dismissed with prejudice. (MD JS-6, Case Terminated). (dro) |
|
| 23 | 23
2
pgs
order
Order
Fri 06/29 10:17 AM
ORDER Accepting Findings and Recommendation of United States Magistrate Judge by Judge Percy Anderson. IT IS THEREFORE ORDERED that: (1) Respondent's Motion to Dismiss (Dkt. No. 11) is GRANTED; (2) Petitioner's request for an evidentiary hearing is DENIED; and (3) Judgment be entered denying the Petition and dismissing this action with prejudice. (see document for details). (dro) |
|
|
reportrecommend
Report and Recommendation (Miscellaneous)
Thu 06/28 10:47 AM
RECOMMENDATION issued by Magistrate Judge John D. Early. Re Certificate of Appealability. (mba) |
||
| Friday, May 25, 2018 | ||
| 22 | 22
2
pgs
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Fri 05/25 11:10 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer A Jadovitz counsel for Respondent Daniel Paramo. Angela M. Borzachillo is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Respondent Daniel Paramo. (Jadovitz, Jennifer) |
|
| Tuesday, May 22, 2018 | ||
| 21 | 21
12
pgs
reportrecommend
Report and Recommendation (Issued)
Tue 05/22 3:25 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge John D. Early. IT IS THEREFORE RECOMMENDED that the District Court issue an Order (1) approving and accepting this Report and Recommendation; (2) granting Respondent's Motion to Dismiss11 ; (3) denying Petitioner's request for an evidentiary hearing; and (4) directing that Judgement be entered denying the Petition and dismissing this action with prejudice1 . (mba) |
|
| 20 | 20
1
pgs
reportrecommend
Notice of Report and Recommendation
Tue 05/22 3:21 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John D. Early. Objections to R&R due by 6/11/2018. (mba) |
|
| Friday, April 27, 2018 | ||
| 19 | 19
3
pgs
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Fri 04/27 4:37 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer A Jadovitz counsel for Respondent Daniel Paramo. Adding Jennifer A. Jadovitz as counsel of record for Daniel Paramo for the reason indicated in the G-123 Notice. Angela M. Borzachillo is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Respondent Daniel Paramo. (Attorney Jennifer A Jadovitz added to party Daniel Paramo(pty:res))(Jadovitz, Jennifer) |
|
| Wednesday, April 18, 2018 | ||
| 18 | 18
20
pgs
respm
Objection/Opposition (Motion related)
Thu 04/19 5:08 PM
Petitioner's Opposition to Attorney General's Motion to Dismiss Petitioner's Writ of Habeas Corpus for Untimeliness re:11 , filed by Petitioner Daniel Lee Waterman. (mba) |
|
| Friday, March 23, 2018 | ||
| 17 | 17
15
pgs
order
Minutes of In Chambers Order/Directive - no proceeding held
Fri 03/23 4:58 PM
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early, Rejecting Petitioner's Proposed First Amended Petition. The Court received Petitioner's proposed First Amended Petition ("FAP") on March 22, 2018. The FAP is attached to this minute order and marked "Received But Not Filed." The FAP suffers from the following defects. First, the FAP is unsigned and unverified. Second, as Petitioner concedes, Ground Five is unexhausted. As such, the FAP is subject to dismissal as a "mixed" petition. Based on the foregoing, the proposed FAP is rejected and not filed. Petitioner is reminded that, on December 7, 2017, Respondent filed a Motion to Dismiss ("Motion") the Petition on the ground of untimeliness. On March 20, 2018, Petitioner was provided one final opportunity to file an Opposition to the Motion. As such, Petitioner"s Opposition is due no later than April 17, 2018. If Petitioner fails to file an Opposition to the Motion by April 17, 2018, the Court will take the Motion under submission and issue its decision thereafter without further briefing.(see document for additional information) (mba) |
|
| Tuesday, March 20, 2018 | ||
| 16 | 16
2
pgs
order
For Order
Tue 03/20 5:19 PM
MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early, re Petitioner's Petition for Writ of Mandate/Prohibition15 . Based on the foregoing, Petitioner's Request for reconsideration is DENIED. Although the Court is inclined to take the Motion under submission at this time, in light of Petitioner's claim of "innocence" in his Request, the Court shall provide Petitioner one final opportunity to file an Opposition to the Motion. Within twenty-eight days of this Order, Petitioner shall file and serve his Opposition, if any, to the Motion. Respondent shall have 14 days from the filing of the Opposition to file an optional Reply. Unless otherwise ordered by the Court, the Motion shall be deemed submitted on the day following the date Respondent's Reply is due, or the date Petitioner's Opposition is due, if no Opposition is filed.(see document for additional details) (mba) |
|
| Thursday, March 15, 2018 | ||
| 15 | 15
9
pgs
motion
Order
Tue 03/20 12:48 PM
PETITION for Writ of Mandate/Prohibition; Request for Stay (Urgent Relief) to Amend, filed by petitioner Daniel Lee Waterman. (dro) |
|
| Thursday, February 15, 2018 | ||
| 14 | 14
1
pgs
order
Extension of Time to File
Thu 02/15 2:30 PM
MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early: Because the potentially case-dispositive Motion is currently pending, and because it does not appear to the Court that the FAP would affect any issue raised by the Motion, PetitionersRequest is stayed pending the Courts ruling on the Motion. The Court sua sponte grants13 Petitioner an additional 28 days from the date of this Order to file and serve an opposition to the Motion, and Respondent shall have 14 days from the filing of any opposition to file an optional Reply. As the Motion was filed 70 days ago, further extensions are unlikely to be granted. (lwag) |
|
| Monday, February 12, 2018 | ||
| 13 | 13
10
pgs
motion
Extension of Time to File Document
Thu 02/15 10:35 AM
Petitioner's Application for Enlargement of Time to Amend Petition, filed by Petitioner Daniel Lee Waterman. (mba) |
|
| Thursday, December 07, 2017 | ||
| 12 | 12
3
pgs
notice
Notice of Lodging
Thu 12/07 1:26 PM
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case 11(Borzachillo, Angela) |
|
|
Att: 1
31 pgs
Lodgment #1 Opinion, Unpublished Case #G049821 California Court of Appeal,
|
||
|
Att: 2
12 pgs
Lodgment #2 Petition for Review, California Supreme Court,
|
||
|
Att: 3
2 pgs
Lodgment #3 Order Petition for Review Denied Case #S221311 California Supreme Court,
|
||
|
Att: 4
600 pgs
Lodgment #4 Pet. for WHC Case #FSB1104537 San Bernardino Superior Court_Part1,
|
||
|
Att: 5
600 pgs
Lodgment #4 Pet. for WHC Case #FSB1104537 San Bernardino Superior Court_Part2,
|
||
|
Att: 6
600 pgs
Lodgment #4 Pet. for WHC Case #FSB1104537 San Bernardino Superior Court_Part3,
|
||
|
Att: 7
600 pgs
Lodgment #4 Pet. for WHC Case #FSB1104537 San Bernardino Superior Court_Part4,
|
||
|
Att: 8
Lodgment #4 Pet. for WHC Case #FSB1104537 San Bernardino Superior Court_Part5,
|
||
|
Att: 9
33 pgs
Lodgment #5 Pet. for WHC Case #WHCJS1600111 Supplemental, San Bernardino Superior Court_Part1,
|
||
|
Att: 10
33 pgs
Lodgment #5 Pet. for WHC Case #WHCJS1600111 Supplemental, San Bernardino Superior Court_Part2,
|
||
|
Att: 11
33 pgs
Lodgment #5 Pet. for WHC Case #WHCJS1600111 Supplemental, San Bernardino Superior Court_Part3,
|
||
|
Att: 12
31 pgs
Lodgment #6 Informal Response to Pet for WHC Case #WHCJS1600111 San Bernardino Superior Court,,
|
||
|
Att: 13
24 pgs
Lodgment #7 Reply to Informal Response to Pet for WHC Case #WHCJS1600111 San Bernardino Superior Court,
|
||
|
Att: 14
10 pgs
Lodgment #8 Order, Denying Pet. for WHC Case #WHCJS1600111 San Bernardino Superior Court,
|
||
|
Att: 15
61 pgs
Lodgment #9 Pet. for WHC Case #G054811 California Court of Appeal,
|
||
|
Att: 16
1 pgs
Lodgment #10 Order Pet for WHC Denied Case #G054811 California Court of Appeal,
|
||
|
Att: 17
52 pgs
Lodgment #11 Petition for Review Case #S242671, California Supreme Court,
|
||
|
Att: 18
2 pgs
Lodgment #12 Order Review Denied Case #S242671 California Supreme Court
|
||
| 11 | 11
3
pgs
motion
Dismiss Case
Thu 12/07 1:15 PM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondent Daniel Paramo. (Borzachillo, Angela) |
|
|
Att: 1
17 pgs
Memorandum
|
||
| Tuesday, October 24, 2017 | ||
| 10 | 10
2
pgs
order
Minutes of In Chambers Order/Directive - no proceeding held
Tue 10/24 9:12 AM
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early re: Amendment to Petition9 . To the extent Petitioner is seeking to amend hisPetition, Petitioner shall file a first amended petition within 30 days from the date of this Order. (Please see order for details and information regarding deadlines) (ig) |
|
|
Att: 1
11 pgs
blank First Amended Petition form
|
||
| Tuesday, October 17, 2017 | ||
| 9 | 9
48
pgs
misc
Affidavit
Wed 10/18 12:08 PM
AMENDMENT to Petition filed by Petitioner Daniel Lee Waterman (lwag) |
|
| 8 | 8
1
pgs
misc
Consent to Proceed before US Magistrate Judge - NON-FINAL
Wed 10/18 12:07 PM
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Daniel Lee Waterman. (lwag) |
|
| Tuesday, October 10, 2017 | ||
| 7 | 7
textonly
Generic Text Only Entry
Tue 10/10 11:51 AM
Pursuant to Local Rule 5-4.3.1, documents filed electronically must be submitted in Portable Document Format ("PDF"), created using word-processing software, and published to PDF from the original word-processing file to permit the electronic version of the document to be searched. Other than signature pages, PDF IMAGES CREATED BY SCANNING PAPER DOCUMENTS ARE PROHIBITED. Violation of Local Rule 5-4.3.1 may result in the striking of the offending document and the imposition of monetary or other sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) |
|
| Wednesday, September 20, 2017 | ||
| 6 | 6
attorney
Attorney Appearance or Reassignment for the California Attorney General
Wed 09/20 3:41 PM
NOTICE OF APPEARANCE of California Attorney General Office Angela M. Borzachillo on behalf of Respondent Daniel Paramo. (Attorney Angela M Borzachillo added to party Daniel Paramo(pty:res))(Borzachillo, Angela) |
|
| Wednesday, September 13, 2017 | ||
| 5 | 5
4
pgs
order
Order Requiring Return/Answer to Petition
Wed 09/13 3:42 PM
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge John D. Early, that Respondent Kathleen Allison file Answer to the Petition not later than 10/30/2017; Xavier Becerra file Answer to the Petition not later than 10/30/2017; Daniel Paramo file Answer to the Petition not later than 10/30/2017. 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 10/13/2017. (ig) |
|
|
Att: 1
21 pgs
Petition,
|
||
|
Att: 2
1 pgs
Consent form
|
||
| Wednesday, September 06, 2017 | ||
| 4 | 4
notice
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
Wed 09/06 3:36 PM
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Percy Anderson and referred to Magistrate Judge John D. Early, 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. (esa) |
|
|
Att: 1
1 pgs
CV38
|
||
| 3 | 3
transfer
Case Transferred In from other District (Electronic Transfer)
Wed 09/06 3:29 PM
ORIGINAL file, certified copy of transfer order and docket sheet received from California Southern |
|
| Tuesday, September 05, 2017 | ||
| 2 | 2
Case transferred to United States District Court Central District of California, Eastern Division. Files transferred electronically to: *United States District Court Central District of California, Eastern Division*.*3470 Twelfth Street**Riverside, CA 92501-3801*. Signed by Judge Dana M. Sabraw on 9/5/2017.(All non-registered users served via U.S. Mail Service)(aef) [Transferred from California Southern on 9/6/2017.]
|
|
|
Att: 1
Transfer Order
|
||
| Friday, August 25, 2017 | ||
| 1 | 1
Petition for Writ of Habeas Corpus against Kathleen Allison, Xavier Becerra, Daniel Paramo ( Filing fee $ 5 receipt number CAS093865.), filed by Daniel Lee Waterman. The new case number is 3:17-cv-1728-DMS-JMA. Judge Dana M. Sabraw and Magistrate Judge Jan M. Adler are assigned to the case.(dsn) [Transferred from California Southern on 9/6/2017.]
|
|
|
Att: 1
Civil Cover Sheet
|
||