| Court: | cacd |
| Docket #: | 2:06-cv-04275 |
| Case Name: | Gabriel Medina v. Ken Clark et al |
| PACER case #: | 371395 |
| Date filed: | 2006-07-07 |
| Assigned to: | Judge George H Wu |
| Referred to: | Magistrate Judge Frederick F. Mumm |
| Case Cause: | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Nature of Suit: | 530 Habeas Corpus (General) |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Gabriel Medina Petitioner |
Jerald Lee Brainin |
| Ken Clark Respondent Warden, California State Prison at Corcoran or other authorized person having custody of petitioner |
David A Wildman |
| Attorney General of the State of California Respondent |
David A Wildman |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-07-07 | 1 | 0 | PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge John F. Walter and referred to Magistrate Judge Frederick F. Mumm.(Filing fee $ 5 Paid) , filed by petitioner Gabriel Medina.(rrey, ) (Entered: 07/13/2006) | |||
| 2006-07-07 | 2 | 0 | NOTICE OF REFERENCE TO A U.S. MAGISTRATE JUDGE. Pursuant to the provisions of the Local Rules, the within action has been assigned to the calendar of Judge John F. Walter and referred to Magistrate Judge Frederick F. Mumm to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (rrey, ) (Entered: 07/13/2006) | |||
| 2006-07-20 | 3 | 0 | ORDER REQUIRING ANSWER/RETURN TO PETITION. ORDER by Magistrate Judge Frederick F. Mumm that Respondent Ken Clark file answer to the petition not later than 9/3/2006; Attorney General of the State of California file answer to the petition not later than 9/3/2006. Motions to Dismiss shall be filed by 8/21/2006. See order for details. (jm, ) (Entered: 07/21/2006) | |||
| 2006-07-26 | 4 | 0 | SUPPLEMENTAL Submission of Authority in Support of Petition for Writ of Habeas Corpus filed by Petitioner Gabriel Medina. (pcl, ) (Entered: 08/10/2006) | |||
| 2006-08-11 | 5 | 0 | MOTION to Dismiss Petition for Writ of Habeas Corpus (2254) 1 ; Memorandum of Points and Authorities filed by respondent Ken Clark. (No Hearing Date Set.) (jp) (Entered: 08/23/2006) | |||
| 2006-08-24 | 6 | 0 | ORDER by Judge Frederick F. Mumm, Good cause appearing, Petitioner's request for an extension of time to September 30, 2006 in which to file his reply to Respondent's Motion to Dismiss is hereby granted. (jm, ) (Entered: 08/25/2006) | |||
| 2006-09-25 | 7 | 0 | REPLY to MOTION to Dismiss Case re Petition for Writ of Habeas Corpus (2254) 1 5 filed by petitioner Gabriel Medina. (lc, ) (Entered: 10/02/2006) | |||
| 2007-01-24 | 8 | 0 | MINUTES OF IN CHAMBERS ORDER held before Judge Frederick F. Mumm :, RE: MOTION to Dismiss Case re Petition for Writ of Habeas Corpus (2254) 1 5 On August 11, 2006, respondent filed a motion to dismiss the instant petition as a "mixed" petition. Respondent's motion contended that petitioner's claim based on "the trial court's cumulative errors" is an unexhausted claim. On September 25, 2007, petitioner filed an opposition to the motion to dismiss, in which petitioner moved to amend his petition to eliminate the unexhausted claim and proceed with the remaining exhausted claims. The Court grants petitioner's motion to amend. The unexhausted "cumulative errors" claim is stricken from the petition and respondent is ordered to respond to the remaining exhausted claims pursuant to the time-lines set forth in the Order Requiring Response to Petition entered on July 20, 2006. Respondent's motion to dismiss is denied as moot. IT IS SO ORDERED. (jm, ) (Entered: 01/24/2007) | |||
| 2007-04-04 | 9 | 0 | MINUTES OF IN CHAMBERS ORDER held before Judge Frederick F. Mumm : ORDER TO SHOW CAUSE: Respondent failed to submit an answer by March 12, 2007 or motion to dismiss by February 23, 2007, as required by the Court's January 24, 2007 order. Respondent is ordered to file a response to the petition within 30 days or show cause in writing why respondent has fialed to comply with this Corut's order. Set Deadlines: Response to Order to Show Cause due by 5/4/2007. (jm, ) (Entered: 04/06/2007) | |||
| 2007-04-18 | 10 | 0 | ORDER OF THE CHIEF JUDGE (#07-118) approved by Chief District Judge Alicemarie H. Stotler. Pursuant to the recommended procedure adopted by the Court for the Creation of Calendar of Judge George H. Wu, this case is transfered from Judge John F. Walter to the calendar of Judge George H Wu for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 06-4275 GW (FFM).(rn, ) (Entered: 04/20/2007) | |||
| 2007-06-06 | 11 | 0 | MINUTES OF IN CHAMBERS ORDER held before Judge Frederick F. Mumm : The Court has reviewed its own files and records and notes that respondent was not served with the Court's order of 1/24/07. Therefore, the Order to Show Cause, dated 4/4/07, is vacated. Respondent is ordered to file a response to the petition within 30 days.(dhl) Modified on 6/7/2007 (dhl, ). (Entered: 06/07/2007) | |||
| 2007-06-26 | 12 | 0 | ORDER by Judge Frederick F. Mumm: Good cause appearing, IT IS ORDERED that Respondent be given permission to file a memorandum of points and authorities in excess of twenty-five pages in support of the Answer to Petition for Writ of Habeas Corpus. (jm) (Entered: 06/27/2007) | |||
| 2007-06-28 | 13 | 0 | MINUTES OF IN CHAMBERS ORDER held before Judge Frederick F. Mumm : The Court is in receipt of respondent's Answer to Petition filed June 26, 2007. Pursuant to the Court's July 20, 2006 order, petitioner's reply is due July 27, 2007. (jm) (Entered: 06/28/2007) | |||
| 2007-06-26 | 14 | 0 | ANSWER [RETURN] to Petition for Writ of Habeas Corpus (2254) 1 ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Respondents Ken Clark, Attorney General of the State of California.(et) (Entered: 07/06/2007) | |||
| 2007-06-26 | 15 | 0 | NOTICE OF LODGING : 3 envelopes, filed by Respondent Ken Clark, Attorney General of the State of California. (yca) (Entered: 07/12/2007) | |||
| 2007-06-26 | 16 | 0 | APPLICATION to File Memorandum of Points and Authorities in Excess of 25 pages in Support of Answer to Petition for Writ of Habeas Corpus 1 ; DECLARATION, filed by Respondent Ken Clark, Attorney General of the State of California. Lodged Proposed Order. (yca) (Entered: 07/12/2007) | |||
| 2007-07-30 | 17 | 0 | ORDER by Judge Frederick F. Mumm, Good cause appearing, petitioner's request for an extension of time to September 30, 2007 in which to file his return to respondent's answer to his petitioner for writ of habeas corpus is hereby granted. Good cause appearing, petitioner's request for permission to file a return to respondent's answer in excess of ten pages to his petition for writ off habeas corpus is granted.(jm) (Entered: 07/31/2007) | |||
| 2007-07-25 | 18 | 0 | REQUEST for Time Extension to File Return to Answer to Petition; Application for Permission to File Return in Excess of 10 Pages filed by petitioner Gabriel Medina. Lodged proposed order. (pcl) (Entered: 08/03/2007) | |||
| 2007-09-26 | 19 | 0 | TRAVERSE filed filed by petitioner Gabriel Medina. (jm) (Entered: 09/28/2007) | |||
| 2011-04-27 | 20 | 0 | REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Frederick F. Mumm. Re Petition for Writ of Habeas Corpus (2254), 1 . (sl) (Entered: 04/28/2011) | |||
| 2011-04-27 | 21 | 0 | NOTICE OF FILING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION by Magistrate Judge Frederick F. Mumm. Objections to R&R due by 5/18/2011. (sl) (Entered: 04/29/2011) | |||
| 2011-05-02 | 22 | 0 | First REQUEST for Extension of Time to File Objection to Report and Recommendation (Issued) 20 , Notice of Report and Recommendation 21 filed by Petitioner Gabriel Medina. (Attachments: # 1 Proposed Order)(Brainin, Jerald) (Entered: 05/02/2011) | |||
| 2011-05-23 | 23 | 0 | TIME EXTENSION TO FILE OBJECTIONS TO MAGISTRATE JUDGES REPORT AND RECOMMENDATION by Magistrate Judge Frederick F. Mumm: granting 22 Request for Extension of Time to File Objection: Petitioner's request for an extension of time until June 25, 2011 in which to file his objections to the recently filed Report and Recommendation is granted. (jm) (Entered: 05/23/2011) | |||
| 2011-06-24 | 24 | 0 | OBJECTION to Report and Recommendation (Issued) 20 filed by Petitioner Gabriel Medina.(Brainin, Jerald) (Entered: 06/24/2011) |