Anuj Mahendra Patel v. Bryan Burkholz

California Central District Court
Judge:Sunshine Suzanne Sykes
Referred: Brianna Fuller Mircheff
Case #: 2:23-cv-06291
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2241 Petition for Writ of Habeas Corpus (federal)
Case Filed:Aug 02, 2023
Re-opened:Dec 12, 2023
Terminated:Sep 05, 2024

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Docket last updated: 05/22/2025 11:59 PM PDT
Thursday, September 05, 2024
32 32 judgmentCV Judgment Thu 09/05 12:21 PM
JUDGMENT by Judge Sunshine Suzanne Sykes, Related to: R&R - Accepting Report and Recommendations,31 . Pursuant to the Order accepting the Magistrate Judge's Report and Recommendation, IT IS HEREBY ADJUDGED that this action is dismissed with prejudice. (MD JS-6, Case Terminated). (es)
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31 31 order R&R - Accepting Report and Recommendations Thu 09/05 12:18 PM
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Sunshine Suzanne Sykes for Report and Recommendation (Issued)26 IT IS ORDERED: 1. The Report and Recommendation is accepted. 2. The Petition is denied. 3. Judgment shall be entered dismissing this action without prejudice. 4. The Court Clerk shall serve this Order and the Judgment on all counsel or parties of record. (es)
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Thursday, July 18, 2024
30 30 respoth Objection to Report and Recommendation Mon 07/22 12:00 PM
RESPONSE to Magistrate Judge's Report and Recommendation (Issued)26 filed by Petitioner Anuj Mahendrabhai Patel.(es)
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Friday, June 28, 2024
29 29 order Extension of Time to File Fri 06/28 9:28 AM
MINUTES (IN CHAMBERS) Order Granting Request for Extension (ECF 28) by Magistrate Judge Brianna Fuller Mircheff. On June 24, 2024, Petitioner requested an extension of time to respond to the Court's Report and Recommendation. (ECF 28.) That request is GRANTED. Petitioner's objections to the Court's Report and Recommendation are now due NO LATER THAN JULY 29, 2024. The Clerk is directed to send Petitioner a copy of the Report and Recommendation along with this Order. Petitioner is reminded that all documents filed with the Court must be signed. IT IS SO ORDERED.28 (ch)
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Att: 1 Report and Recommendation,
Att: 2 Notice of Report and Recommendation
Monday, June 24, 2024
28 28 motion Extension of Time to File Document Fri 06/28 8:05 AM
MOTION REQUESTING EXTENSION TO RESPOND TO THE GOVERNMENT'S OPPOSITION filed by Petitioner Anuj Mahendrabhai Patel. (ch)
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Monday, May 20, 2024
27 27 reportrecommend Notice of Report and Recommendation Mon 05/20 3:25 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Brianna Fuller Mircheff. Objections to R&R due by 6/9/2024 (edr)
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26 26 reportrecommend Report and Recommendation (Issued) Mon 05/20 3:21 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge Brianna Fuller Mircheff. Re Petition for Writ of Habeas Corpus (2241),1 (edr)
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Tuesday, March 26, 2024
24 24 order For Order Extension of Time to File Tue 03/26 12:56 PM
MINUTES (In Chambers) Order Granting Request for Extension (ECF23 ) by Magistrate Judge Brianna Fuller Mircheff: On March 22, 2024, Petitioner requested a 30-day extension of time to respond. (ECF23 .) That request is granted. Petitioner's opposition shall be due no later than May 8, 2024. Petitioner states that he did not receive a copy of Respondents Motion. The Clerk is thus instructed to provide Petitioner with a copy of Respondent'sMotion to dismiss the Petition filed on January 9, 2024. (ECF 20.) (et)
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Att: 1 Attachment-ECF 20
Monday, March 25, 2024
25 25 respm Objection/Opposition (Motion related) Tue 03/26 1:01 PM
MOTION IN RESPONSE TO THE GOVERNMENT OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss PETITIONERS PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 20 filed by Petitioner Anuj Mahendra Patel. (et)
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Friday, March 22, 2024
23 23 5 pgs motion Order Extension of Time to File Document Fri 03/22 2:56 PM
PETITIONER EX-PARTE APPLICATION for Order Requiring Respondent to Serve a Copy of Respondent 1-9-24 Motion to Dismiss and APPLICATION for Extension of Time to File Opposition filed by Petitioner Anuj Mahendra Patel. (et)
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Wednesday, March 06, 2024
22 22 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Motion Hearing and R&R Deadlines Wed 03/06 8:45 AM
MINUTE ORDER (IN CHAMBERS) Order Re: Filing an Opposition to the Motion to Dismiss by Magistrate Judge Brianna Fuller Mircheff. Because Petitioner is representing himself in this proceeding, the Court will give him one more opportunity to file an opposition. Therefore, NO LATER THAN APRIL 8, 2024, Petitioner shall file a response to the Motion to Dismiss. Petitioner is advised that failure to timely oppose the Motion to Dismiss may be construed as consent to the granting of the Motion to Dismiss and may result in dismissal of the action. Local Rule 7-12. SEE ORDER FOR DETAILS.20 (ch)
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Att: 1 blank Notice of Dismissal form - CV 09
Tuesday, January 16, 2024
21 21 misc Consent to Proceed before US Magistrate Judge - NON-FINAL Mon 01/22 11:41 AM
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Anuj Mahendra Patel. (rn)
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Tuesday, January 09, 2024
20 20 motion Dismiss (cause or other) Tue 01/09 3:02 PM
NOTICE OF MOTION AND MOTION to Dismiss PETITIONERS PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 filed by Respondent Bryan Burkholz. (Carbajal, Kenneth)
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Att: 1 Declaration and Exhibits A-C
Wednesday, December 13, 2023
19 19 5 pgs order Order Requiring Return/Answer to Petition Wed 12/13 12:38 PM
ORDER REQUIRING RESPONSE TO PETITION by Magistrate Judge Brianna Fuller Mircheff. Respondent shall file a motion to dismiss NO LATER THAN January12, 2024, or an Answer to the Petition NO LATER THAN JANUARY 29, 2024. 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. (ch)
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Att: 1 Petition,
Att: 2 blank consent form
Tuesday, December 12, 2023
18 18 order R&R - Accepting Report and Recommendations ~Util - Case Reopened Tue 12/12 10:43 AM
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Sunshine Suzanne Sykes for Report and Recommendation (Issued)14 , IT IS ORDERED: 1. The Report and Recommendation is accepted; 2. Petitioner's motion to reinstate his Petition is GRANTED; 3. The Court clerk is directed to reopen this action; and 4. The Court Clerk shall serve this Order on all counsel or parties of record. (Case reopened. MD JS-5.) (es)
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Thursday, November 30, 2023
17 17 notice Notice of Appearance or Withdrawal of Counsel (G-123) Thu 11/30 12:17 PM
Notice of Appearance or Withdrawal of Counsel: for attorney April D. Youpee-Roll counsel for Respondent Bryan Burkholz. April D. Youpee-Roll 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 USA for WARDEN, BRYAN BURKHOLZ. (Youpee-Roll, April)
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Wednesday, November 29, 2023
16 16 attorney Attorney Appearance or Reassignment for the USA Wed 11/29 10:28 AM
NOTICE OF REASSIGNMENT of Assistant United States Attorney on behalf of Respondent Bryan Burkholz. (Attorney Kenneth Rolando Carbajal added to party Bryan Burkholz(pty:res))(Carbajal, Kenneth)
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Wednesday, November 15, 2023
15 15 reportrecommend Notice of Report and Recommendation Wed 11/15 1:15 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Brianna Fuller Mircheff. Objections to R&R due by 12/5/2023 (ch)
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14 14 reportrecommend Report and Recommendation (Issued) Wed 11/15 1:13 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge Brianna Fuller Mircheff. (ch)
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Monday, November 13, 2023
13 13 textonly Generic Text Only Entry Mon 11/13 2:03 PM
ORDER REFERRING TO THE MAGISTRATE JUDGE by Judge Sunshine S. Sykes: The Motion to Reinstate §2241, [Dkt.12 ], filed by the Petitioner on November 1, 2023, is hereby referred to Magistrate Judge Brianna Fuller Mircheff. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva)
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Wednesday, November 01, 2023
12 12 motion Reopen Case Thu 11/02 2:58 PM
Motion to Reinstate 2241 For Good Cause filed by Petitioner Anuj Mahendra Patel. (es)
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Tuesday, October 24, 2023
11 11 textonly Text Only Scheduling Notice Tue 10/24 7:47 AM
TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Brianna Fuller Mircheff. Petitioner has moved to withdraw his petition. The Court construes his motion as a notice of voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i). No order of the court is necessary to effectuate dismissal. Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). The Clerk is directed to close the case. re: MOTION to Withdraw 28 USC 224110 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch)
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Thursday, October 19, 2023
10 10 motion Withdraw Mon 10/23 12:15 PM
MOTION to Withdraw 28 USC 2241 For Good Cause Forthwith filed by Petitioner Anuj Mahendra Patel. (es)
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Tuesday, September 12, 2023
9 9 order Striking Filed Documents (CV-80) Tue 09/12 1:03 PM
ORDER by Magistrate Judge Brianna Fuller Mircheff: the documents listed below were improperly filed for the following reasons: Local Rule 83-2.5 - Parties shall refrain from writing letters to the Judge. All matters shall be called to the a judge's attention by appropriate application or motion filed in compliance with the Local Rules. 2) Not relevant to the case in which it is filed.; therefore, the following document(s) shall be STRICKEN from the record and shall not be considered by the Court: Letter8 . (es)
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Friday, September 08, 2023
7 7 order Extension of Time to File Fri 09/08 3:17 PM
ORDER EXTENDING TIME TO FILE A MOTION TO DISMISS OR TO RESPOND TO PLAINTIFF'S PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241 by Magistrate Judge Brianna Fuller Mircheff: FOR GOOD CAUSE SHOWN: The date for the government to file a motion to dismiss is CONTINUED to November 13, 2023. The date to file and Answer is CONTINUED to November 27, 2023. Granting6 MOTION for Extension of Time. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es)
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6 6 motion Extension of Time to File Document Fri 09/08 1:19 PM
EX PARTE APPLICATION for Extension of Time to File Motion to Dismiss or an Answer filed by respondent Bryan Burkholz. (Youpee-Roll, April)
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Att: 1 Proposed Order
Thursday, August 31, 2023
8 8 misc Letter Mon 09/11 8:16 AM
Letter from Petitioner Anuj Mahendra Patel (ch)
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Wednesday, August 23, 2023
5 5 notice Notice of Appearance or Withdrawal of Counsel (G-123) Wed 08/23 3:28 PM
Notice of Appearance or Withdrawal of Counsel: for attorney April D. Youpee-Roll counsel for Respondent Bryan Burkholz. Adding April D. Youpee-Roll as counsel of record for Bryan Burkholz for the reason indicated in the G-123 Notice. Filed by respondent USA.(Attorney April D. Youpee-Roll added to party Bryan Burkholz(pty:res))(Youpee-Roll, April)
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Att: 1 Certificate of Service
Monday, August 14, 2023
4 4 5 pgs order Order Requiring Return/Answer to Petition Mon 08/14 10:13 AM
ORDER REQUIRING RESPONSE TO PETITION (FEDERAL CUSTODY) by Magistrate Judge Brianna Fuller Mircheff. IT IS ORDERED that: Respondent shall file and serve an Answer to the petition not later than 9/28/2023. 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. Motions to Dismiss shall be filed by 9/13/2023. (es)
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Att: 1 Attachment 1 of 2,
Att: 2 Attachment 2 of 2
3 3 notice Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form Mon 08/14 9:41 AM
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Brianna Fuller Mircheff, 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)
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Thursday, August 10, 2023
2 2 notice Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form Thu 08/10 11:42 AM
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Brianna Fuller Mircheff, 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)
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Wednesday, August 02, 2023
1 1 cmp Petition for Writ of Habeas Corpus (2241) Thu 08/10 11:39 AM
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241), filed by Petitioner Anuj Bryan Patel. Case assigned to Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Brianna Fuller Mircheff. (Filing fee $ 5 Paid.) (jtil)
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