Case details

Court: cacd
Docket #: 2:07-cv-06869
Case Name: Eddie Harris v. William J Sullivan
PACER case #: 398951
Date filed: 2007-10-23
Date terminated: 2010-03-26
Assigned to: Judge Percy Anderson
Referred to: Magistrate Judge Patrick J. Walsh
Case Cause: 28:2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Eddie Harris
Petitioner
 
Eddie Harris
CDC F-07487
13308 South Budling Avenue
Gardena, CA 90247
310-329-9065
PRO SE
William J Sullivan
Respondent
 
Kathy S Pomerantz
CAAG - Office of Attorney General
300 South Spring Street Suite 1702
Los Angeles, CA 90013
213-897-2792
Fax: 213-897-6496
Email: DocketingLAAWT@doj.ca.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tannaz Kouhpainezhad
Attorney General Office
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
213-897-2000
Email: tannaz.kouhpainezhad@doj.ca.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-10-23 1 0 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Percy Anderson and referred to Magistrate Judge Patrick J Walsh.(Filing fee $ 5 fee due.), filed by petitioner Eddie Harris.(ghap) (Entered: 10/31/2007)
2007-10-23 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 Percy Anderson and referred to Magistrate Judge Patrick J Walsh to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (ghap) (Entered: 10/31/2007)
2007-10-29 3 0 ORDER REQUIRING RESPONSE TO PETITION by Magistrate Judge Patrick J. Walsh (esa) (Entered: 10/31/2007)
2007-10-26 4 0 Letter to Clerk dated 10/17/07; DECLARATION of Eddie Harris in support of Request to Proceed in forma pauperis re Petition for Writ of Habeas Corpus (2254) 1 ; Certificate of Authorized Officer attached; Trust Account Statement attached. (esa) (Entered: 11/05/2007)
2007-11-13 5 0 REQUEST to Proceed without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Eddie Harris. (esa) (Entered: 11/20/2007)
2007-11-19 6 0 CERTIFICATE OF AUTHORIZED OFFICER AND PRISONER AUTHORIZATION; INMATE TRUST ACCOUNT; LETTER in support of Declaration 4 filed by Petitioner Eddie Harris. (esa) (Entered: 11/21/2007)
2007-11-20 7 0 APPLICATION for Enlargement of Time; Declaration of Kathy S Pomerantz filed by respondent William J Sullivan. Lodged proposed order. (esa) (Entered: 11/21/2007)
2007-11-28 8 0 ORDER by Judge Patrick J. Walsh re APPLICATION 7 : IT IS HEREBY ORDERED that the application is GRANTED and that Respondent may file a Motion to Dismiss on or before 12/28/2007, or alternatively may file an Answer on or before 1/12/08. (esa) (Entered: 11/29/2007)
2007-12-21 9 0 APPLICATION for Extension of Time to File Response to Petition for Writ of Habeas Corpus. filed by respondent William J Sullivan. Lodged proposed order. (dhl) (Entered: 12/27/2007)
2007-12-27 10 0 ORDER by Judge Patrick J. Walsh granting APPLICATION for Extension of Time to File Response to Petition for Writ of Habeas Corpus 9 . (dhl) (Entered: 12/27/2007)
2007-12-20 11 0 PETITION for an Evidentiary Hearing filed by petitioner Eddie Harris. (esa) (Entered: 12/27/2007)
2008-01-09 12 0 MINUTES OF In Chambers Conference held before Judge Patrick J. Walsh : On 12/20/07, Petitioner filed a "Petition For An Evidentiary Hearing Pursuant To Federal Rule 8." Petitioner's motion is DENIED. (im) (Entered: 01/11/2008)
2008-01-25 13 0 NOTICE OF MOTION AND MOTION to Dismiss Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities filed by Respondent William J Sullivan. (Pomerantz, Kathy) (Entered: 01/25/2008)
2008-01-25 14 0 NOTICE OF LODGING filed (Pomerantz, Kathy) (Entered: 01/25/2008)
2008-02-20 15 0 APPLICATION for Enlargement of Time; Declaration of Eddie Harris filed by petitioner Eddie Harris. (esa) (Entered: 02/27/2008)
2008-02-22 16 0 ORDER by Judge Patrick J. Walsh, re APPLICATION for Extension of Time to File traverse and respond to motion to dismiss 15 . Response to Motion due on or before 4/28/08 or alternatively may file an answer on or before 5/12/08. (esa) (Entered: 02/27/2008)
2008-04-02 17 0 NOTICE of Change of Address, changing address to CSATF/State Prison, P O Box 5248, Corcoran, CA 93282. Filed by Petitioner Eddie Harris. (esa) (Entered: 04/03/2008)
2008-04-23 18 0 OPPOSITION to Respondent's MOTION to Dismiss Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities 13 filed by Petitioner Eddie Harris. (Attachments: # 1 Part 2 of Opposition)(esa) (Entered: 04/28/2008)
2008-05-09 19 0 MINUTES OF IN CHAMBERS ORDER issued by Judge Patrick J. Walsh re: MOTION to Dismiss Petition for Writ of Habeas Corpus 13 . The Motion to Dismiss is DENIED. Respondent has until 6/20/08 to file an Answer. Petitioner will have 30 days thereafter (until 7/20/08) to file a Traverse. The Court will then take the matter under submission and issue a decision as soon as practicable. (esa) (Entered: 05/09/2008)
2008-05-15 20 0 NOTICE of Appearance filed by attorney Tannaz Kouhpainezhad on behalf of Respondent William J Sullivan (Kouhpainezhad, Tannaz) (Entered: 05/15/2008)
2008-06-11 21 0 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Response to Petition for Writ of Habeas Corpus ; Declaration of Tannaz Kouhpainezhad filed by Respondent William J Sullivan. (Attachments: # 1 Proposed Order)(Kouhpainezhad, Tannaz) (Entered: 06/11/2008)
2008-06-18 22 0 ORDER granting respondent William J Sullivan answer due 7/20/2008 by Magistrate Judge Patrick J. Walsh (esa) (Entered: 06/18/2008)
2008-07-14 23 0 Second EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Response to Petition for Writ of Habeas Corpus ; Declaration of Tannaz Kouhpainezhad filed by Respondent William J Sullivan. (Attachments: # 1 Proposed Order)(Kouhpainezhad, Tannaz) (Entered: 07/14/2008)
2008-07-24 24 0 ORDER by Magistrate Judge Patrick J. Walsh granting respondent William J Sullivan to 8/19/08 to file an Answer. The Court's order filed on 5/9/08, otherwise remains in effect. (esa) (Entered: 07/24/2008)
2008-08-12 25 0 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Response to Petition for Writ of Habeas Corpus ; Declaration of Tannaz Kouhpainezhad filed by Respondent William J Sullivan. (Attachments: # 1 Proposed Order)(Kouhpainezhad, Tannaz) (Entered: 08/12/2008)
2008-08-13 26 0 ORDER by Magistrate Judge Patrick J. Walsh granting respondent William J Sullivan to 9/18/2008, to file an Answer. (esa) (Entered: 08/15/2008)
2008-09-18 27 0 ANSWER to Petition for Writ of Habeas Corpus (2254) 1 ; Memorandum of Points and Authorities filed by Respondent William J Sullivan.(Kouhpainezhad, Tannaz) (Entered: 09/18/2008)
2008-10-22 28 0 MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Patrick J. Walsh re: Application for Enlargement of Time. Petitioner's Application is granted. Petitioner has until 12/24/08, to file a Traverse in response to Respondent's Answer. (esa) (Entered: 10/23/2008)
2008-10-24 29 0 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge Patrick J. Walsh ORDERING Application for Enlargement of Time; Declaration of Eddie Harris; [Proposed Order] submitted by Petitioner Eddie Harris received on 10/17/08 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (esa) (Entered: 10/27/2008)
2008-10-17 30 0 APPLICATION FOR ENLARGEMENT OF TIME, DECLARATION OF EDDIE HARRIS filed by petitioner Eddie Harris.(esa) (Entered: 10/27/2008)
2008-12-16 31 0 APPLICATION FOR ENLARGEMENT OF TIME; DECLARATION filed by petitioner Eddie Harris. (esa) (Entered: 12/30/2008)
2009-01-08 32 0 ORDER by Magistrate Judge Patrick J. Walsh, granting APPLICATION for Extension of Time to File Traverse 31 . (esa) (Entered: 01/09/2009)
2009-03-09 33 0 TRAVERSE to Respondents Answer of Habeas Corpus (2254) 1 filed by petitioner Eddie Harris. (ca) (Entered: 03/19/2009)
2009-07-13 34 0 NOTICE of Change of Address Filed by Petitioner Eddie Harris (rp) (Entered: 07/16/2009)
2009-08-20 35 0 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Patrick J. Walsh, ORDERING Letter submitted by Petitioner Eddie Harris received on 08/06/09 is not to be filed but instead rejected. Denial based on: L.R. 83-2.11: No Letters. (rp) (Entered: 08/25/2009)
2009-10-27 36 0 REQUEST for Ruling on Petition filed by petitioner Eddie Harris. (dhl) (Entered: 10/30/2009)
2009-11-02 37 0 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Patrick J. Walsh: 36 Request for Ruling on Petition[36): On October 27, 2009, Petitioner filed a document entitled Requesting Ruling on Petition, which the Court has interpreted as a request for the status of his case. The case is under submission and the Court will issue a decision as soon as practicable. (rp) (Entered: 11/03/2009)
2010-01-29 38 0 REPORT AND RECOMMENDATION issued by Magistrate Judge Patrick J. Walsh. IT IS RECOMMENDED that the Court issue an Order (1) accepting and adopting this Report and Recommendation and (2) directing that judgment be entered denying the Petition and dismissing the action with prejudice, Re Petition for Writ of Habeas Corpus (2254) 1 . (ca) (Entered: 02/01/2010)
2010-02-01 39 0 NOTICE OF FILING OF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION by Magistrate Judge Patrick J. Walsh. Objections to R&R due by 2/22/2010. (ca) (Entered: 02/01/2010)
2010-02-02 40 0 NOTICE of Change of Address changing address to Gardena, CA. Filed by Petitioner Eddie harris (rp) (Entered: 02/03/2010)
2010-02-22 41 0 APPLICATION for Extension of Time to File Objection to Notice of Report and Recommendation 39 filed by Petitioner Eddie Harris. Lodged Proposed Order. (rp) (Entered: 02/24/2010)
2010-02-25 42 0 MINUTE ORDER Petitioners Motion For Extension of Time to File Objections (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh: On February 22, 2010, Petitioner requested an extension of time to file objections to the Report and Recommendation, 41 . Petitioners Motion is GRANTED. Petitioner has until March 22, 2010, to file objections. Petitioner is forewarned, however, that the Court is not inclined to grant any further continuances. If the Court does not receiveobjections by that date, the Court will recommend that the district judge adopt the Report and Recommendation without any changes. (ca) (Entered: 02/25/2010)
2010-03-16 43 0 OBJECTION to Report and Recommendation (Issued), Report and Recommendation (Issued) 38 filed by Petitioner Eddie Harris.(rp) (Entered: 03/18/2010)
2010-03-26 44 0 ORDER ACCEPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY by Judge Percy Anderson for Report and Recommendation (Issued), 38 . Further, for the reasons stated in the Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right and, therefore, a certificate of appealability should not issue in this action. (ca) (Entered: 03/30/2010)
2010-03-26 45 0 JUDGMENT by Judge Percy Anderson, Related to: R&R Adopting Report and Recommendations, 44 . IT IS ADJUDGED that the Petition is denied and this action is dismissed with prejudice. (MD JS-6, Case Terminated). (ca) (Entered: 03/30/2010)
2010-04-23 46 0 NOTICE OF APPEAL to the 9th CCA filed by petitioner Eddie Harris. Appeal of Judgment 45 . Filed On: 03/26/2010; Entered On: 03/30/2010; Certificate of Appealabity Pending. cc: Eddie Harris; State Attorney General. (dmap) (Entered: 04/28/2010)
2010-04-29 47 0 NOTIFICATION by Circuit Court of Appellate Docket Number regarding Notice of Appeal to 9th Circuit Court of Appeals 46 as to Petitioner Eddie Harris. (cbr) (Entered: 04/29/2010)