Brandon Leon Bibbs v. F. Guzman

California Central District Court
Judge:	Sherilyn Peace Garnett
Referred:	Jean P Rosenbluth
Case #:	2:23-cv-02022
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2254 Petition for Writ of Habeas Corpus (State)

Case Filed:	Mar 16, 2023
Terminated:	Mar 07, 2024

Docket
Parties

Create an account to get the full party report for this case.

Docket last updated: 05/11/2025 11:59 PM PDT

Wednesday, February 12, 2025
34		34 appeal USCA Memorandum/Opinion/Order Thu 02/13 9:25 AM ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals,30 filed by Brandon Leon Bibbs. CCA # 24-5778 This appeal is from the denial of appellant's Federal Rule of Civil Procedure 60(b) motion. The request for a certificate of appealability (Docket Entry No. 4) is denied because appellant has not shown "that (1) jurists of reason would find it debatable whether the district court abused its discretion in denying the Rule 60(b) motion and, (2) jurists of reason would find it debatable whether the underlying section [2254 petition] states a valid claim of the denial of a constitutional right." (car) Related: [-]
Monday, September 30, 2024
32		32 appeal USCA Memorandum/Opinion/Order Tue 10/01 4:24 PM ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals,30 filed by Brandon Leon Bibbs. CCA # 24-5778 This case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability with respect to the August 20, 2024, post-judgment order at the court's earliest convenience. See 28 U.S.C. � 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). If the district court issues a certificate of appealability, the court should specify the issues that meet the required showing; if the district court declines to issue a certificate, the court is requested to state its reasons. See 28 U.S.C. � 2253(c)(3); Asrar, 116 F.3d at 1270. The (9th CCA) clerk will send a copy of this order to the district judge. [See document for complete details.](mat) Related: [-]
Monday, September 23, 2024
31		31 appeal USCA Notification of Case Number Mon 09/23 4:55 PM NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 24-5778 assigned to Notice of Appeal to 9th Circuit Court of Appeals,30 as to Petitioner Brandon Leon Bibbs. (mat) Related: [-]
Friday, September 13, 2024
30		30 appeal Appeal to 9th Circuit Court of Appeals Thu 09/19 1:35 PM NOTICE OF APPEAL to the 9th CCA filed by Petitioner Brandon Leon Bibbs. Appeal of R&R - Accepting Report and Recommendations,28 Filed On: 8/20/24; Entered On: 8/20/24; Certificate of Appealability has been ruled on 3/7/24, see item 21. (mat) Related: [-]
Tuesday, August 20, 2024
29		29 order Vacate Tue 08/20 10:53 AM FOR COURT USE ONLY: STATISTICAL CORRECTION Denying22 MOTION to Vacate re28 Order (es) Related: [-]
28		28 order R&R - Accepting Report and Recommendations Tue 08/20 10:49 AM ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Sherilyn Peace Garnett for Report and Recommendation (Issued),25 For the foregoing reasons, the Court (1) accepts and adopts the Report and Recommendation; (2) denies Petitioner's Motion; and (3) directs the Clerk to serve this Order on all counsel or parties of record. (es) Related: [-]
Monday, June 17, 2024
27		27 respoth Objection to Report and Recommendation Fri 06/21 5:41 PM Petitioner's OBJECTIONS to Report and Recommendation (Issued),25 filed by Petitioner Brandon Leon Bibbs. (es) Related: [-]
Thursday, May 30, 2024
26		26 reportrecommend Notice of Report and Recommendation Thu 05/30 1:26 PM AMENDED NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Jean P. Rosenbluth. Objections to R&R due by 6/18/2024. (es) Related: [-]
		Att: 1 Attachment.1 of 1.Report and Recommendation
24		24 reportrecommend Notice of Report and Recommendation Thu 05/30 10:31 AM NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Jean P. Rosenbluth. Objections to R&R due by 6/19/2024. (es) Related: [-]
		Att: 1 Attachment.1 of 1.Report and Recommendation
Wednesday, May 29, 2024
25		25 reportrecommend Report and Recommendation (Issued) Thu 05/30 10:35 AM REPORT AND RECOMMENDATION issued by Magistrate Judge Jean P. Rosenbluth. Re NOTICE OF MOTION AND MOTION to Vacate22 , Petition for Writ of Habeas Corpus (2254)1 IT THEREFORE IS RECOMMENDED that the District Judge accept this Report and Recommendation and deny Petitioner's Rule 60(b) motion. (es) Related: [-]
23		23 textonly Text Only Scheduling Notice Wed 05/29 10:55 AM REFFERAL by Judge Sherilyn Peace Garnett. The Court refers Petitioner's Motion for Relief to Vacate Judgement of Dismissal filed at ECF No.22 to Magistrate Judge Rosenbluth for further handling. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) Related: [-]
Monday, April 15, 2024
22		22 motion Vacate Tue 04/16 11:37 AM MOTION FOR RELIEF TO VACATE JUDGMENT OF DISMISSAL filed by Petitioner Brandon Leon Bibbs. (iv) Related: [-]
Thursday, March 07, 2024
21		21 order Certificate of Appealability - Order of USDC Thu 03/07 2:19 PM ORDER DENYING CERTIFICATE OF APPEALABILITY by Judge Sherilyn Peace Garnett re Petition for Writ of Habeas Corpus (2254)1 . See document for details. (es) Related: [-]
20		20 judgmentCV Judgment Thu 03/07 2:18 PM JUDGMENT by Judge Sherilyn Peace Garnett, Related to: R&R - Accepting Report and Recommendations,19 Pursuant to the Courts Order Accepting Findings and Recommendations of United States Magistrate Judge, IT IS HEREBY ADJUDGED that this action is dismissed without prejudice. (MD JS-6, Case Terminated). (es) Related: [-]
19		19 order R&R - Accepting Report and Recommendations Thu 03/07 2:16 PM ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Sherilyn Peace Garnett for Report and Recommendation (Issued),15 IT IS ORDERED that (1) the Report and Recommendation is accepted and adopted; (2) Respondent's motion to dismiss is granted; and (3) Judgment shall be entered dismissing the Petition without prejudice as impermissibly successive. (es) Related: [-]
Monday, February 05, 2024
18		18 respoth Objection to Report and Recommendation Mon 02/12 2:38 PM OBJECTION to the Magistrate's Report and Recommendation (Issued),15 filed by Petitioner Brandon Leon Bibbs.(es) Related: [-]
17		17 misc Affidavit Mon 02/12 2:35 PM Petitioner's AFFIDAVIT In Support of the Miscarriage of Justice filed by Petitioner Brandon Leon Bibbs (es) Related: [-]
Monday, January 29, 2024
16		16 attorney Attorney Appearance or Reassignment for the California Attorney General Mon 01/29 11:32 AM NOTICE OF REASSIGNMENT of California Attorney General Office Shezad Thakor on behalf of Respondent F. Guzman. California Attorney General Stephanie Chu Santoro terminated. (Attorney Shezad Hanif Thakor added to party F. Guzman(pty:res))(Thakor, Shezad) Related: [-]
Thursday, January 18, 2024
15		15 reportrecommend Report and Recommendation (Issued) Thu 01/18 2:15 PM REPORT AND RECOMMENDATION issued by Magistrate Judge Jean P. Rosenbluth. Re Petition for Writ of Habeas Corpus (2254)1 , NOTICE OF MOTION AND MOTION to Dismiss MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES 10 IT THEREFORE IS RECOMMENDED that the District Judge accept this Report and Recommendation, grant Respondent's motion to dismiss, and dismiss the Petition without prejudice as impermissibly successive. (es) Related: [-]
14		14 reportrecommend Notice of Report and Recommendation Thu 01/18 2:13 PM NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Jean P. Rosenbluth. Objections to R&R due by 2/7/2024. (es) Related: [-]
		Att: 1 Attachment.Report and Recommendation
Tuesday, May 30, 2023
13		13 respm Response in Opposition to Motion Tue 05/30 3:42 PM OPPOSITION to Respondent's NOTICE OF MOTION AND MOTION to Dismiss MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES 10 filed by Petitioner Brandon Leon Bibbs. (es) Related: [-]
Wednesday, May 10, 2023
12		12 notice Notice of Lodging Wed 05/10 10:43 AM NOTICE OF LODGING filed re Notice of Related Case(s)11 , NOTICE OF MOTION AND MOTION to Dismiss MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES 10(Santoro, Stephanie) Related: [-]
		Att: 1 LD1_1of3,
		Att: 2 LD1_2of3,
		Att: 3 LD1_3of3,
		Att: 4 LD2,
		Att: 5 LD3,
		Att: 6 LD4
11		11 notice Related Case(s) Wed 05/10 10:37 AM NOTICE of Related Case(s) filed by respondent F. Guzman. Related Case(s): CV 22-4330 JVS (JPR) (Santoro, Stephanie) Related: [-]
10		10 motion Dismiss (cause or other) Wed 05/10 10:30 AM NOTICE OF MOTION AND MOTION to Dismiss MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES filed by respondent F. Guzman. (Santoro, Stephanie) Related: [-]
Tuesday, April 18, 2023
9		9 order Enlargement of Time to File Tue 04/18 11:21 AM ORDER by Magistrate Judge Jean P. Rosenbluth: Respondent's Request for Enlargement of Time to File a Motion to Dismiss the Petition for Writ of Habeas Corpus by May 23, 2023, or alternatively, an Answer by June 7, 2023, is HEREBY GRANTED. Respondent does not indicate in the application whether she has already ordered the state-court records. If Respondent has not yet done so, that should be done immediately. Granting8 MOTION for Enlargement of Time. NOTE: CHANGES MADE BY THE COURT. (es) Modified on 4/18/2023 (es) Related: [-]
Monday, April 17, 2023
8		8 motion Enlargement of Time to File Document Mon 04/17 3:27 PM REQUEST for Enlargement of Time to File REQUEST FOR ENLARGEMENT OF TIME TO FILE RESPONDENT'S ANSWER; DECLARATION OF COUNSEL Stephanie C. Santoro filed by respondent F. Guzman. (Santoro, Stephanie) Related: [-]
		Att: 1 Proposed Order PO
Wednesday, March 29, 2023
7		7 attorney Attorney Appearance or Reassignment for the California Attorney General Wed 03/29 3:37 PM NOTICE OF APPEARANCE of California Attorney General Office Stephanie C. Santoro on behalf of respondent F. Guzman. (Attorney Stephanie Chu Santoro added to party F. Guzman(pty:res))(Santoro, Stephanie) Related: [-]
Friday, March 24, 2023
6		6 5 pgs order Order Requiring Return/Answer to Petition Fri 03/24 1:19 PM ORDER REQUIRING RESPONSE TO PETITION by Magistrate Judge Jean P. Rosenbluth. IT IS ORDERED that: Within 14 days of the date of this Order, Respondent must file and serve a notice of appearance that designates the Deputy Attorney General(s) in charge of the case. Respondent should file and serve an answer to the Petition within 45 days of the date of this Order. 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 within 30 days of the date of this Order. (es) Related: [-]
		Att: 1 Attachment.Petition
Thursday, March 23, 2023
5		5 order Proceed without Prepayment of Filing Fees (CV 60P) Thu 03/23 4:55 PM ORDER ON REQUEST TO PROCEED IN FORMA PAUPERIS3 by Judge Sherilyn Peace Garnett. The Request is GRANTED. (iv) Related: [-]
Monday, March 20, 2023
4		4 notice Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form Mon 03/20 1:36 PM NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Sherilyn Peace Garnett and referred to Magistrate Judge Jean P. Rosenbluth, 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. (jtil) Related: [-]
3		3 motion Proceed Without Prepayment of Filing Fees (CV-60P) Mon 03/20 1:34 PM REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Petitioner Brandon Leon Bibbs. (jtil) Related: [-]
Thursday, March 16, 2023
2		2 misc Consent to Proceed before US Magistrate - DECLINED by Party Mon 03/20 1:32 PM ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Brandon Leon Bibbs. The Petitioner does not consent. (jtil) Related: [-]
1		1 cmp Petition for Writ of Habeas Corpus (2254) Mon 03/20 1:28 PM PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254), filed by Petitioner Brandon Leon Bibbs. Case assigned to Judge Sherilyn Peace Garnett and referred to Magistrate Judge Jean P. Rosenbluth. (jtil) Related: [-]

Continue to Create Account