Stanford James Stelle III v. Daniel E. Cueva

California Central District Court
Judge:Kenly Kiya Kato
Referred: John D Early
Case #: 5:24-cv-02034
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2254 Petition for Writ of Habeas Corpus (State)
Case Filed:Sep 20, 2024
Terminated:Oct 28, 2024
Last checked: Tuesday Sep 24, 2024 7:17 PM PDT
Petitioner
Stanford James Stelle III
Represented By
Lynnda A McGlinn
Dorsey And Whitney LLP
contact info
Respondent
Daniel E. Cueva


Docket last updated: 6 hours ago
Friday, April 25, 2025
14 14 misc Status Report Fri 04/25 10:29 AM
STATUS REPORT filed by Petitioner Stanford James Stelle III. (McGlinn, Lynnda)
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Tuesday, February 25, 2025
13 13 misc Status Report Tue 02/25 10:08 AM
STATUS REPORT filed by Petitioner Stanford James Stelle III.(McGlinn, Lynnda)
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Att: 1 Exhibit A - Amended Petition for Writ of Habeas Corpus 01.17.2025
Friday, December 27, 2024
12 12 misc Status Report Fri 12/27 7:23 AM
STATUS REPORT filed by Petitioner Stanford James Stelle III.(McGlinn, Lynnda)
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Att: 1 Exhibit A - Notice of Entry of Order Denying Petition 11.01.2024
Monday, October 28, 2024
11 11 order Stay Order (other) Mon 10/28 12:31 PM
MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early, Granting Motion for Stay3 . As such, a stay under Rhines is warranted here. Accordingly, it is hereby ORDERED as follows: 1. Petitioner's Motion for Stay (Dkt. 3) under Rhines is GRANTED. 2. This action is STAYED and the Clerk is directed to administratively close the action (JS-6), thereby removing the action from the Court's active docket for record-keeping purposes. It does not affect the merits of Petitioner's claims. 3. Petitioner shall file a Status Report every 60 days to advise the Court of the status of his state habeas proceedings until such time as Petitioner indicates the California Supreme Court has issued a decision. 4. Petitioner must, within 30 days of a decision by the California Supreme Court relating to the issues raised in Grounds One, Two (in part), and Four through Nine, lodge a copy of the state supreme court's decision and move to reopen this action and lift the stay. 5. Nothing further will take place in this action unless and until Petitioner timely moves to reopen this case and lift the stay. Once the stay is lifted, the Court will issue an order regarding further proceedings. (mba)
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Friday, September 27, 2024
10 10 2 pgs order Order Requiring Return/Answer to Petition Fri 09/27 9:13 AM
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge John D. Early. 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. Respondent shall e-file and serve a Notice of Appearance that designates the Deputy Attorney General(s) in charge of the case within fourteen (14) days of the service date of this Order. Within twenty-one (21) days from the date of this Order, Respondent shall file a response (opposition or statement of non-opposition) to Petitioner's Motion to Stay and Abey Federal Habeas Proceedings Pending Exhaustion of State Court Remedies(Dkt. 3, "Motion to Stay"), seeking a stay under Rhines v. Weber, 544 U.S. 269 (2005).(see document for further details) (mba)
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Att: 1 First Amended Petition
Thursday, September 26, 2024
9 9 othcmp Amended Complaint/Petition Thu 09/26 4:16 PM
FIRST AMENDED PETITION against Respondent Daniel E. Cueva amending Petition for Writ of Habeas Corpus,1 , filed by Petitioner Stanford James Stelle III(McGlinn, Lynnda)
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8 8 order Minutes of In Chambers Order/Directive - no proceeding held Thu 09/26 1:42 PM
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early, re Petition1 . On September 20, 2024, Petitioner Stanford James Stelle III ("Petitioner"), through counsel, filed: (1) a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254 (Dkt. 1, "Petition") and (2) a Motion to Stay and Abey Federal Habeas Proceedings Pending Exhaustion of State Court Remedies (Dkt. 3, "Motion")). Although the Petition and Motion reference nine grounds for relief, it appears ground nine was inadvertently omitted. See Petition at 6 Related [+]; Motion at 4 (listing nine grounds for relief). Attachment B titled "PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY 28 U.S.C. § 2254 ATTACHMENT B SECTION 8, GROUNDS SIX THROUGH NINE" is one page and cuts off mid-sentence on ground eight. See Petition, Attachment B, page 51. Ground nine has not been included. As such, in an abundance of caution, within seven (7) days of this Order, Petitioner is ORDERED to file either (1) a First Amended Petition that includes all grounds for relief he seeks to pursue in this action, or (2) a Notice of Intent to Proceed on the existing Petition. (mba)
Related: [-] ferring to Attachment B for grounds six through nine
Monday, September 23, 2024
7 7 notice Deficiency in Attorney Case Opening Mon 09/23 4:39 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition for Writ of Habeas Corpus1 . The following error(s) was found: Other error(s) with document(s): Election Regarding Consent to Proceed before a United States Magistrate Judge" on page 9 of the Petition should have been e-filed separately. Please see document 4 which has now been docketed separately by the Clerk. (et)
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6 6 notice Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form Mon 09/23 4:35 PM
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Kenly Kiya Kato 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. (et)
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5 5 transfer Intradistrict Transfer - Clerical Error (G-73) - optional html form Mon 09/23 4:27 PM
NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Kenly Kiya Kato for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to John D. Early. New Case Number 5:24-cv-02034-KK (JDE). (et)
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3 3 motion Stay Order (other) Mon 09/23 3:40 PM
NOTICE OF MOTION AND MOTION to Stay pending AND ABEY FEDERAL HABEAS PROCEEDINGS PENDING EXHAUSTION OF STATE COURT REMEDIES filed by Petitioner Stanford James Stelle III. (McGlinn, Lynnda)
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Att: 1 Proposed Order
Friday, September 20, 2024
4 4 misc Consent to Proceed before US Magistrate - DECLINED by Party Mon 09/23 4:02 PM
*DOCKET BY CLERK* ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Stanford James Stelle III. The Petitioner does not consent. (et)
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2 2 CIVIL COVER SHEET filed by Plaintiff Stanford James Stelle III. (McGlinn, Lynnda)
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1 1 PETITION for Writ of Habeas Corpus by a Person in State Custody (28 USC 2254), Receipt No. ACACDC-38255097 for $5 filing fee, filed by Plaintiff Stanford James Stelle III. (Attorney Lynnda A McGlinn added to party Stanford James Stelle III(pty:pla))(McGlinn, Lynnda)
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