Case details

Court: casd
Docket #: 3:08-cv-00260
Case Name: Xayasomloth v. Dexter
PACER case #: 263163
Date filed: 2008-02-11
Date of last filing: 2008-08-22

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-02-11 1 0 Petition for Writ of Habeas Corpus PETITION for Writ of Habeas Corpus (Filing fee $ 0. No fee paid, submitted without IFP motion), filed by Vilath Xayasomloth.(rmm) 2009-09-14 14:55:09 a3c80aaedc507e55490efe9cc833b69a2f0dfe27
2008-02-25 2 0 Order NOTICE AND ORDER regarding possible failure to exhaust and one-year statue of limitations. Signed by Judge Anthony J. Battaglia on 02/22/08. (joeh) 2009-09-14 14:55:20 4ed76430d11be58fcb9730b8e99b7b4c380466a2
2008-02-25 3 0 Order Dismissing Case ORDER DISMISSING CASE. The Court dismisses the case without prejudice. If Petitioner wishes to proceed with this case, he must submit, no later than April 21, 2008, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay the fee. The Clerk of Court shall send a blank Southern District of California In Forma Pauperis Application to Petitioner along with a copy of this Order. Signed by Judge Roger T. Benitez on 02/25/08. (Form and Order sent.)(joeh) (av1, ). 2009-09-14 14:55:28 3dfc3430a5314889c35c4486a754676b4032e1b1
2008-02-26 4 0 Order NOTICE AND ORDER regarding possible failure to exhaust and one-year statute of limitations. Signed by Judge Anthony J. Battaglia on 02/22/08. (joeh) Modified on 2/26/2008 Filed previously (joeh, ). (av1, ). 2009-09-14 14:55:13 a304e19da807269a641fcd11cb96b589626e4109
2008-03-24 5 0 Filing Fee Received Filing fee: $ 5, receipt number 149062, Paid on 3/24/2008. (rmm) 2009-09-14 14:55:42 80a2d38a6768521b869194501d31e54ecb6ec591
2008-03-27 6 0 Order ORDER, reopening case and setting briefing schedule. Any motion to dismiss by Respondent due 5/16/2008. Any opposition to motion to dismiss due 06/16/08. Respondents answer due 6/2/2008. Petitioners Traverse due by 7/2/2008. Signed by Judge Anthony J. Battaglia on 03/27/08. (joeh)(kaj). 2009-09-14 14:55:21 f6eea455e1a171f561ea444840ec48b706c88db9
2008-05-07 7 0 Motion for Extension of Time to File Answer MOTION for Extension of Time to File Either Respondent's Motion to Dismiss or Answer by D Dexter. (Attachments: # (1) Declaration of Andrew S. Mestman in Support of Application for Enlargement of Time to File Either Respondent's Motion to Dismiss or Answer)(Mestman, Andrew) (joeh). 2009-09-14 14:55:26 ab4ca8d5383b1a81ce94b4a14aaf14334c64b585
7 1 Declaration of Andrew S. Mestman in Support of Application for Enlargement of Ti 2009-09-14 14:55:35 a72ae930dfc253887c98b3351300ed43c1f149aa
2008-05-09 8 0 Order on Motion for Extension of Time to Answer ORDER granting [7] Motion for Extension of Time to Answer. Respondents shall file a Motion to Dismiss on or before June 16, 2008. If a motion to dismiss if filed Petitioner shall file his Opposition on or before July 16, 2008. Or alternatively, Respondents shall file a answer on or before 7/2/2008, and Petitioner shall file his traverse on or before August 4, 2008. Signed by Magistrate Judge Anthony J. Battaglia on 05/09/08. (joeh) (av1). 2009-09-14 14:55:16 cf5a1bb6e0af033bac74e8984972bc8ed65e1be9
2008-06-02 9 0 Motion to Dismiss MOTION to Dismiss Petition for Writ of Habeas Corpus by D Dexter. (Attachments: # (1) Memo of Points and Authorities in Support of Respondent's Mot. to Dismiss Petition for Writ of Habeas Corpus, # (2) Notice of Lodgment)(Mestman, Andrew) (joeh). 2009-09-14 14:55:18 e6babc0cce50b29fae9542b2385f4f8538535432
9 1 Memo of Points and Authorities in Support of Respondent's Mot. to Dismiss P 2009-09-14 14:55:30 49c8927cc77ff9f8b07f22de60a6d884c047d8a1
9 2 Notice of Lodgment 2009-09-14 14:55:12 d406beaf71a0432c67986f8b1d78915b049190eb
2008-07-02 10 0 Discrepancy Order Accepting Document Discrepancy Order by chambers of Magistrate Judge Anthony J. Battaglia on 07/1/08 accepting document: motion for an abeyance to exhaust state remedies from Petitioner Vilath Xayasomloth, non-compliance with local rule 5.1; 7.1 or 47.1(All non-registered users served via U.S. Mail Service).(kaj) 2009-09-14 14:55:05 dba477603fce23bb8ac98a86dff8b3a24637dabc
2008-07-02 11 0 Motion for Miscellaneous Relief REJECTED (see Discrepancy [14]) MOTION for an abeyance to exhaust state remedies by Vilath Xayasomloth (nunc pro tunc 6/26/08) (kaj) Modified text on 8/12/2008 (joeh). 2009-09-14 14:55:04 b9407c2eaa1960654f09ff5fd0278e8efef0772b
2008-07-02 12 0 Discrepancy Order Accepting Document Discrepancy Order by the chambers of Magistrate Judge Anthony J. Battaglia on 7/1/08 accepting document: motion to deny respondent's motion to dismiss petitioner's habeas corpus from Petitioner Vilath Xayasomloth, non-compliance with local rule 5.1; the document is to be filed nunc pro tunc to date received (All non-registered users served via U.S. Mail Service).(kaj) 2009-09-14 14:55:31 5fbc1032b503d24a50dc2797713a38590efbb2df
2008-07-02 13 0 Response in Opposition to Motion RESPONSE in Opposition re [9] MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Vilath Xayasomloth. (Attachments: # (1) Memo of Points and Authorities)(nunc pro tunc 6/26/08)(kaj) 2009-09-14 14:55:40 e94e9f6d790363173062ef54ab0b070c93cd47e7
13 1 Memo of Points and Authorities 2009-09-14 14:55:34 011b46e0c8a170001c14a671679ca98c5b231d7e
2008-07-21 14 0 Discrepancy Order Rejecting Document Discrepancy Order by Magistrate Judge Anthony J. Battaglia rejecting document: Motion for an Abeyance to Exhaust State Remedies from Petitioner Vilath Xayasomloth, non-compliance with local rule 5.1, Missing time and date on motion and/or supporting documentation, 7.1, Lacking memorandum of points and authorities in support as a separate document and Other: Document already on file (Docket #11); No original signature. (All non-registered users served via U.S. Mail Service).(rmm) 2009-09-14 14:55:14 7088ffd12a211bb86a9ef9779bb0dbea80ea8ddc
2008-07-21 15 0 Discrepancy Order Accepting Document Discrepancy Order by Magistrate Judge Anthony J. Battaglia accepting document: Notice/Motion to Deny Respondent's Motion to Dismiss from Petitioner Vilath Xayasomloth, non-compliance with local rule 5.1, Missing time and date on motion and/or supporting documentation, 5.4, Document not filed electronically. Notice of noncompliance already issued and Other: No original signature.(All non-registered users served via U.S. Mail Service).(rmm) 2009-09-14 14:55:07 28133cde20fc5ddf81a78ef4fc2fc738a465a29d
2008-07-21 16 0 Motion for Miscellaneous Relief RESPONSE in Opposition re 9 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Vilath Xayasomloth. Nunc Pro Tunc to 7/17/2008. (Attachments: # (1) Memo of Points and Authorities)(rmm) Modified text on 8/12/2008 (joeh). 2009-09-14 14:55:38 6d0ad9f013bd93c403325aeb2490faf84eb1e7b3
16 1 Memo of Points and Authorities 2009-09-14 14:55:08 f70aa1ddb7f3d720d1de188b7ca2e3ae41cd0ec0
2008-08-11 17 0 Discrepancy Order Accepting Document Discrepancy Order by Magistrate Judge Anthony J. Battaglia accepting document: Motion for an Abeyance to Exhaust State Remedies from Petitioner Vilath Xayasomloth, non-compliance with local rule 5.1, Missing time and date on motion and/or supporting documentation.(All non-registered users served via U.S. Mail Service).(rmm) 2009-09-14 14:55:24 874ba0ccb49d6ff8772d5b5f60ff5d5b8dfcaf08
2008-08-11 18 0 Motion to Stay MOTION to Stay/Abey to exhaust state remedies by Vilath Xayasomloth. Nunc pro tunc to 8/1/2008. (Attachments: # (1) Memo of Points and Authorities)(rmm) 2009-09-14 14:55:17 0d34083d46b5f4b9d67ee2663e4245d360e88789
18 1 Memo of Points and Authorities 2009-09-14 14:55:32 80e1feff63467c554cd0d07d0ff4d600f47b524d
2008-08-22 19 0 Report and Recommendations (CV) REPORT AND RECOMMENDATIONS, the Court hereby recommends that the motion to dismiss be granted for failure to timely file his petition. The Court also recommends that Petitioners motion for stay and abeyance be denied as moot. This Report and Recommendation will be submitted to the United States District Judge assigned to this case, pursuant to the provisions of 28 U.S.C. §636(b)(1) (1988). Any written objections to this Report and Recommendation must be filed with the Court and a copy served on all parties on or before September 22, 2008. The document should be captioned Objections to Report and Recommendation. Any reply to the objections shall be served and filed on or before October 6, 2008. The parties are advised that failure to file objections within the specified time may waive the right to raise those objections on appeal of this Courts order. Signed by Magistrate Judge Anthony J. Battaglia on 08/22/08. (joeh)(av1). 2009-09-14 14:55:23 ea212661053009d7fab87a6396656301b510605a