Docket - Usdc Habeas - July 16 2009
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Case: 2:09-cv-01914-JFW-CW
As of: 07/16/2009 04:47 PM PDT
1 of 5
194, APPEAL, CLOSED, RELATED−DDJ
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division − Los Angeles) CIVIL DOCKET FOR CASE #: 2:09−cv−01914−JFW−CW Richard I. Fine v. Sheriff of Los Angeles County Assigned to: Judge John F. Walter Referred to: Magistrate Judge Carla Woehrle Related Case: 2:08−cv−02906−JFW−CW Case in other court: 9th CCA, 09−56073 Cause: 28:2254 Petition for Writ of Habeas Corpus (State) Petitioner Richard I. Fine
Date Filed: 03/20/2009 Date Terminated: 06/29/2009 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question
represented by Richard I. Fine BK# 1824367 Twin Towers Correctional Facility 450 Bauchet Street Los Angeles, CA 90012 PRO SE
V. Respondent Sheriff of Los Angeles County
represented by Aaron Mitchell Fontana Lawrence Beach Allen &Choi PC 100 West Broadway Suite 1200 Glendale , CA 91210 818−545−1925 Fax: 818−545−1937 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Respondent Judge David P Yaffe Hon. David P. Jaffe
represented by Kevin M McCormick Benton Orr Duval &Buckingham 39 North California Street P O Box 1178 Ventura , CA 93002−1178 805−648−5111 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Respondent Superior Court of California, County of Los Angeles Superior Couirt of Califoria, County of Los Angeles
represented by Kevin M McCormick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. Intervenor Defendant Del Rey Shores Joint Venture
represented by Joshua Lee Rosen Joshua L Rosen Law Offices 5905 Sherbourne Drive Los Angeles , CA 90056 310−649−0063
Case: 2:09-cv-01914-JFW-CW
As of: 07/16/2009 04:47 PM PDT
2 of 5
Fax: 310−410−7227 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant Del Rey Shores Joint Venture North
represented by Joshua Lee Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed
# Docket Text
03/20/2009
1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Dean D. Pregerson and referred to Magistrate Judge Carla Woehrle. (Filing fee $ 5: FEE PAID.), filed by petitioner Richard I. Fine. (Attachments: # 1 Part 1 of Petitioner, # 2 Part 2 of Petitioner, # 3 Part 3 of Petitioner)(ghap) Modified on 3/24/2009 (ghap). (Additional attachment(s) added on 3/24/2009: # 1 Part 2 of Petition, # 2 Part 3 of Petition, # 3 Part 4 of Petition) (ghap). (Entered: 03/24/2009)
03/20/2009
2 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 Dean D. Pregerson and referred to Magistrate Judge Carla Woehrle 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: 03/24/2009)
03/24/2009
3 NOTICE OF CLERICAL ERROR: On the petition the date was March 19, 2009, which is incorrect. The correct date is March 20, 2009. (rn) (Entered: 03/24/2009)
03/25/2009
4 NOTICE OF CLERICAL ERROR: Due to clerical error the Case has been reassigned from Judge Dean D. Pregerson to Judge George H Wu for all further proceedings. The case will now reflect the initials of the transferee Judge CV 09−01914 GW (CW). (rn) (Entered: 03/27/2009)
03/27/2009
5 MINUTES (IN CHAMBERS) by Magistrate Judge Carla Woehrle: This case has been referred to Magistrate Judge Carla Woehrle. Petitioner is advised of the following requirements for preparing and submitting documents in this case: 1. Documents sent to the court in this case should be addressed to: "Clerk, U.S. District Court, 312 N. Spring St., Los Angeles, CA 90012." (pcl) (Entered: 03/30/2009)
04/07/2009
6 ORDER REQUIRING ANSWER/RETURN TO PETITION. ORDER by Magistrate Judge Carla Woehrle that Respondent Sheriff of Los Angeles County file answer to the petition not later than 4/21/2009. Motions to Dismiss shall be filed by 4/21/2009. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 04/07/2009)
04/09/2009
7 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carla Woehrle: On April 9, 2009, the court received a copy of Petitioner's ex parte application for immediate release filed today. It is ORDERED as follows: The clerk shall serve copies of the ex parte application and this minute order on Respondent. On or before April 17, 2009, Respondent shall serve and file a response to the ex parte application. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 04/09/2009)
04/09/2009
9 EX PARTE APPLICATION and Memorandum for Order for Immediate Release of Petitioner from Custody Pending Decision on Petition for Writ of Habeas Corpus and Appeal; Declaration of Richard I. Fine filed by petitioner Richard I. Fine.(pcl) (Entered: 04/13/2009)
04/10/2009
8 ORDER TO REASSIGN CASE due to self−recusal pursuant to General Order 08−05 by Judge George H Wu. Case transferred to the calendar of Judge John F. Walter for all further proceedings. Case number now reads as CV 09−01914 JFW (CW). (rn) (Entered: 04/10/2009)
04/10/2009
10 AMENDED PROOF OF SERVICE filed by plaintiff Richard I. Fine, Re Application for Habeas Corpus and related papers, served on April 10, 2009. (pcl) (Entered: 04/13/2009)
Case: 2:09-cv-01914-JFW-CW
As of: 07/16/2009 04:47 PM PDT
3 of 5
04/21/2009
11 NOTICE of Interested Parties filed by Respondent Sheriff of Los Angeles County, (Fontana, Aaron) (Entered: 04/21/2009)
04/21/2009
12 NOTICE OF MOTION AND MOTION to Dismiss Petitioner's Petition For Writ Of Habeas Corpus Or, In The Alternative, Request That This Court Direct The Real Parties In Interest To Respond To Petitioner's Habeas Corpus Petition filed by Respondent Sheriff of Los Angeles County. Motion set for hearing on 5/19/2009 at 10:00 AM before Magistrate Judge Carla Woehrle. (Fontana, Aaron) (Entered: 04/21/2009)
04/23/2009
13 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carla Woehrle: Petitioner filed a petition for writ of habeas corpus on March 20, 2009, naming the Sheriff as Respondent, and filed an ex parte application for immediate release on April 9, 2009. Sheriff Baca's motion to dismiss was filed April 21, 2009, and noticed for hearing on May 19, 2009. IT IS ORDERED: 1) The noticed hearing date if VACATED; 2) Plaintiff's opposition, or notice of non−opposition,to the motion shall be served and filed on or before May 1, 2009. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 04/23/2009)
04/24/2009
14 OPPOSITION to MOTION to Dismiss Petitioner's Petition For Writ Of Habeas Corpus Or, In The Alternative, Request That This Court Direct The Real Parties In Interest To Respond To Petitioner's Habeas Corpus Petition 12 filed by Petitioner Richard I. Fine. (dt) (Entered: 04/27/2009)
05/01/2009
15 ANSWER to Petition for Writ of Habeas Corpus (2254), Petition for Writ of Habeas Corpus (2254) 1 Response filed by Respondent David P Yaffe, Superior Court of California, County of Los Angeles.(McCormick, Kevin) (Entered: 05/01/2009)
05/01/2009
16 DECLARATION of Kevin M. McCormick re Answer to Complaint 15 In Support of Response filed by Respondents David P Yaffe, Superior Court of California, County of Los Angeles. (Attachments: # 1 Exhibit Exhibit A to Response to Petition for Writ of Habeas Corpus, # 2 Exhibit Exhibit B to Response to Petition for Writ of Habeas Corpus, # 3 Exhibit Exhibit C to Response to Petition for Writ of Habeas Corpus, # 4 Exhibit Exhibit D to Response to Petition for Writ of Habeas Corpus)(McCormick, Kevin) (Entered: 05/01/2009)
05/05/2009
17 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Carla Woehrle, ORDERING Supplement to Opposition to Motion and Supplement to Opposition Dismissal submitted by Petitioner Richard I. Fine received on April 28, 2009 is not to be filed but instead rejected. Denial based on: Documents were not signed by attorney of record or pro se litigant as required by Fed.R.Civ.P. Rule 11(a); see also Local Rule 11−1, 83−2.10.2, and 83−2.10.3. (dt) (Entered: 05/06/2009)
05/05/2009
18 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Carla Woehrle. **SEE ATTACHMENT FOR FURTHER DETAILS** (dt) (Entered: 05/06/2009)
05/05/2009
19 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carla Woehrle: A response to the petition on behalf of Superior Court of CA, LA County, and the Hon. David P. Yaffe, Judge of the Superior Court was filed onMay 1, 2009, along with the Declaration of Kevin M.McCormack. Petitioner's reply shall, if any, be served and filed on or before May 22, 2009. Unless otherwise ordered, this matter will then be taken under submission, without oral argument, and the parties will be notified of all furthe proceedings. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 05/06/2009)
05/05/2009
20 ORDER STRIKING by Magistrate Judge Carla Woehrle, STRIKING Response in Opposition to Motion, 14 . **SEE DOCUMENT FOR FURTHER DETAILS** (dt) (Entered: 05/06/2009)
05/08/2009
21 First EX PARTE APPLICATION to Intervene filed by intervener defendant Del Rey Shores Joint Venture, Del Rey Shores Joint Venture North. (Attachments: # 1 Response to Petition for Habeas Corpus, # 2 Declaration Declaration in support of response to petition, # 3 Proposed Order Order granting leave to intervene, # 4 Certificate of Interested Parties)(Rosen, Joshua) (Entered: 05/08/2009)
05/08/2009
22 RESPONSE in Support of Petition and Request for Immediate Release from Custody filed by Petitioner Richard I. Fine (pcl) (Entered: 05/19/2009)
Case: 2:09-cv-01914-JFW-CW
As of: 07/16/2009 04:47 PM PDT
4 of 5
05/14/2009
23 REQUEST and Demand for Immediate Release, Granting of Writ of Habeas Corpus, and Striking of Declarations of Rosen and McCormick, and the Response of Del Rey Shoes Joint Venture and Del Rey Shores Joint Venture North filed by petitioner Richard I. Fine. (pcl) (Entered: 05/19/2009)
05/14/2009
24 RESPONSE in Support of Petition and Request for Immediate Release from Custody filed by Petitioner Richard I. Fine (pcl) (Entered: 05/19/2009)
06/12/2009
25 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Carla Woehrle . Objections to RRdue by 7/6/2009 (Attachments: # 1 Report and Recommendation) (dt) Modified on 6/12/2009 (dt). (Entered: 06/12/2009)
06/12/2009
26 REPORT AND RECOMMENDATION issued by Magistrate Judge Carla Woehrle. Re MOTION to Dismiss Petitioner's Petition For Writ Of Habeas Corpus 12 Objections to RRdue by 7/6/2009. *SEE REPORT AND RECOMMENDATION FOR FURTHER DETAILS** (dt) (Entered: 06/12/2009)
06/12/2009
27 AMENDED NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Carla Woehrle. Objections to RRdue by 7/6/2009 (dt) (Entered: 06/12/2009)
06/12/2009
28 NOTICE of the United States Supreme Court Decision of Caperton et al. v. A.T. Massey Coal Co., Inc., et al., Dated June 8, 2009 filed by petitioner Richard I. Fine. (pcl) (Entered: 06/16/2009)
06/25/2009
29 OBJECTIONS, Including Memorandum in Support of Objections, to Magistrate Judge's Report; Demand for Immediate Release filed by petitioner Richard I. Fine.(pcl) (Entered: 06/26/2009)
06/26/2009
32 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Carla Woehrle, ORDERING proposed supplemental petition submitted by Petitioner Richard I. Fine received on 5/26/09 is not to be filed but instead rejected. Denial based on: Not signed by attorney or pro se litigent; Improperly names judges in this case as respondents. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 06/29/2009)
06/29/2009
30 ORDER ACCEPTING REPORT AND RECOMMENDATION of United States Magistrate Judge by Judge John F. Walter: IT IS ORDERED: (1) that the Report and Recommendation of the United States Magistrate Judge be accepted; (2) that judgment be entered denying the petition and dismissing this action with prejudice; and (3) that the following motions be dismissed as moot in light of this order: Petitioner's ex parte application for order for immediate release (docket no. 9 ), Respondent Sheriff Bacas motion to dismiss (docket no. 12 ), the Del Rey Parties' ex parte application to intervene (docket no. 21 ), and Petitioner's request for order for immediate release, etc. ( 23 ). (pcl) (Entered: 06/29/2009)
06/29/2009
31 JUDGMENT by Judge John F. Walter: IT IS ADJUDGED that the petition for writ of habeas corpus is denied and the action dismissed with prejudice. (MD JS−6, Case Terminated). (pcl) (Entered: 06/29/2009)
06/30/2009
33 ORDER from 9th CCA filed, CCA # 09−71692. The court is in receipt of petitioner's original petiton for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254. An application for a writ of habeas corpus must be made to the district court. See Fed. R. App. P. 22(a); see also 28 U.S.C. 2241(b). Petitioner has an application for a writ of habeas corpus pending in the United States District Court for the Central District of California, case No. 09−1914. To the extent petitioner requests that this court order the district court to act on or grant his pettiion for writ of habass corpus, petitoner's filing is construed as a petition for writ of mandamus. We note that on June 12, 2009, the district court issued its findings and recommendations in petitioner's case. Accordingly, petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. United States Dist. Court, 557 F. 2d 650(9th Cir. 1977). The petition is denied. Order received in this district on 6/30/09. (lr) (Entered: 07/06/2009)
07/01/2009
34 PETITION for Certificate of Appealability to USDC by petitioner Richard I. Fine; Filed as Notice of Appeal to 9th CCA from district court judgment, 31 filed 06/29/2009. cc: Richard I. Fine; Attorney General. (car) Modified on 7/6/2009 (car). (Entered: 07/06/2009)
Case: 2:09-cv-01914-JFW-CW
As of: 07/16/2009 04:47 PM PDT
5 of 5
07/09/2009
35 REQUEST Under FRCP Rules 60(b)(2), (4) and (6) to Recuse Magistrate Judge Woehrle for Bias for Failure to Disclose That She Was a Criminal Defense Attorney Prior to Becoming a Magistrate Judge, and is Subject to Malpractice Claims if She Rules that It is a Denial of Due Process for L.A. Superior Court Judges to Take Payments From L.A. County When She Did Not Raise Such Issue on Behalf of Her Own Clients When They Were Prosecuted by the L.A. County District Attorney filed by petitioner Richard I. Fine. (pcl) (Entered: 07/10/2009)
07/09/2009
36 REQUEST UNDER FRCP Rules 60(b)(2),(4) and (6) to Recuse Judge Walter for Bias for Failure to Disclose That He Was a Criminal Defense Attorney Prior to Becoming a Judge, and is subject to Malpractice Claims If He Rules That It Is A Denial of Due Process for L.A. Superior Court Judges to Take Payments from L.A. County When He Did Not Raise Such Issue Of Behalf of His Own Clients When They Were Prosecuted by the L.A. County District Attorney filed by petitioner Richard I. Fine. (pcl) (Entered: 07/10/2009)
07/09/2009
37 EX PARTE APPLICATION Under FRCP Rule 60(b)(6) to Release Petitioner From Jail Pending Decision From Ninth Circuit Court of Appeals filed by petitioner Richard I. Fine.(pcl) (Entered: 07/10/2009)
07/10/2009
38 NOTIFICATION by Circuit Court of Appellate Docket Number 09−56073, 9th CCA regarding Petition for Certificate of Appealability 34 as to petitioner Richard I. Fine. (lra) (Entered: 07/13/2009)
07/13/2009
39 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed. Pursuant to GO 08.05 and Local Rule 72−5 REQUEST for Recusal of Judge Walter 36 is referred to Judge George H. King for determination. (rn) (Entered: 07/13/2009)
07/13/2009
40 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed. Pursuant to GO 08.05 and Local Rule 72−5 REQUEST for Recusal of Magistrate Judge Carla Woehrle 35 is referred to Judge George H. King for determination. (rn) (Entered: 07/13/2009)
As of: 07/16/2009 04:47 PM PDT
1 of 5
194, APPEAL, CLOSED, RELATED−DDJ
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division − Los Angeles) CIVIL DOCKET FOR CASE #: 2:09−cv−01914−JFW−CW Richard I. Fine v. Sheriff of Los Angeles County Assigned to: Judge John F. Walter Referred to: Magistrate Judge Carla Woehrle Related Case: 2:08−cv−02906−JFW−CW Case in other court: 9th CCA, 09−56073 Cause: 28:2254 Petition for Writ of Habeas Corpus (State) Petitioner Richard I. Fine
Date Filed: 03/20/2009 Date Terminated: 06/29/2009 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question
represented by Richard I. Fine BK# 1824367 Twin Towers Correctional Facility 450 Bauchet Street Los Angeles, CA 90012 PRO SE
V. Respondent Sheriff of Los Angeles County
represented by Aaron Mitchell Fontana Lawrence Beach Allen &Choi PC 100 West Broadway Suite 1200 Glendale , CA 91210 818−545−1925 Fax: 818−545−1937 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Respondent Judge David P Yaffe Hon. David P. Jaffe
represented by Kevin M McCormick Benton Orr Duval &Buckingham 39 North California Street P O Box 1178 Ventura , CA 93002−1178 805−648−5111 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Respondent Superior Court of California, County of Los Angeles Superior Couirt of Califoria, County of Los Angeles
represented by Kevin M McCormick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. Intervenor Defendant Del Rey Shores Joint Venture
represented by Joshua Lee Rosen Joshua L Rosen Law Offices 5905 Sherbourne Drive Los Angeles , CA 90056 310−649−0063
Case: 2:09-cv-01914-JFW-CW
As of: 07/16/2009 04:47 PM PDT
2 of 5
Fax: 310−410−7227 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant Del Rey Shores Joint Venture North
represented by Joshua Lee Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed
# Docket Text
03/20/2009
1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254) Case assigned to Judge Dean D. Pregerson and referred to Magistrate Judge Carla Woehrle. (Filing fee $ 5: FEE PAID.), filed by petitioner Richard I. Fine. (Attachments: # 1 Part 1 of Petitioner, # 2 Part 2 of Petitioner, # 3 Part 3 of Petitioner)(ghap) Modified on 3/24/2009 (ghap). (Additional attachment(s) added on 3/24/2009: # 1 Part 2 of Petition, # 2 Part 3 of Petition, # 3 Part 4 of Petition) (ghap). (Entered: 03/24/2009)
03/20/2009
2 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 Dean D. Pregerson and referred to Magistrate Judge Carla Woehrle 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: 03/24/2009)
03/24/2009
3 NOTICE OF CLERICAL ERROR: On the petition the date was March 19, 2009, which is incorrect. The correct date is March 20, 2009. (rn) (Entered: 03/24/2009)
03/25/2009
4 NOTICE OF CLERICAL ERROR: Due to clerical error the Case has been reassigned from Judge Dean D. Pregerson to Judge George H Wu for all further proceedings. The case will now reflect the initials of the transferee Judge CV 09−01914 GW (CW). (rn) (Entered: 03/27/2009)
03/27/2009
5 MINUTES (IN CHAMBERS) by Magistrate Judge Carla Woehrle: This case has been referred to Magistrate Judge Carla Woehrle. Petitioner is advised of the following requirements for preparing and submitting documents in this case: 1. Documents sent to the court in this case should be addressed to: "Clerk, U.S. District Court, 312 N. Spring St., Los Angeles, CA 90012." (pcl) (Entered: 03/30/2009)
04/07/2009
6 ORDER REQUIRING ANSWER/RETURN TO PETITION. ORDER by Magistrate Judge Carla Woehrle that Respondent Sheriff of Los Angeles County file answer to the petition not later than 4/21/2009. Motions to Dismiss shall be filed by 4/21/2009. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 04/07/2009)
04/09/2009
7 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carla Woehrle: On April 9, 2009, the court received a copy of Petitioner's ex parte application for immediate release filed today. It is ORDERED as follows: The clerk shall serve copies of the ex parte application and this minute order on Respondent. On or before April 17, 2009, Respondent shall serve and file a response to the ex parte application. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 04/09/2009)
04/09/2009
9 EX PARTE APPLICATION and Memorandum for Order for Immediate Release of Petitioner from Custody Pending Decision on Petition for Writ of Habeas Corpus and Appeal; Declaration of Richard I. Fine filed by petitioner Richard I. Fine.(pcl) (Entered: 04/13/2009)
04/10/2009
8 ORDER TO REASSIGN CASE due to self−recusal pursuant to General Order 08−05 by Judge George H Wu. Case transferred to the calendar of Judge John F. Walter for all further proceedings. Case number now reads as CV 09−01914 JFW (CW). (rn) (Entered: 04/10/2009)
04/10/2009
10 AMENDED PROOF OF SERVICE filed by plaintiff Richard I. Fine, Re Application for Habeas Corpus and related papers, served on April 10, 2009. (pcl) (Entered: 04/13/2009)
Case: 2:09-cv-01914-JFW-CW
As of: 07/16/2009 04:47 PM PDT
3 of 5
04/21/2009
11 NOTICE of Interested Parties filed by Respondent Sheriff of Los Angeles County, (Fontana, Aaron) (Entered: 04/21/2009)
04/21/2009
12 NOTICE OF MOTION AND MOTION to Dismiss Petitioner's Petition For Writ Of Habeas Corpus Or, In The Alternative, Request That This Court Direct The Real Parties In Interest To Respond To Petitioner's Habeas Corpus Petition filed by Respondent Sheriff of Los Angeles County. Motion set for hearing on 5/19/2009 at 10:00 AM before Magistrate Judge Carla Woehrle. (Fontana, Aaron) (Entered: 04/21/2009)
04/23/2009
13 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carla Woehrle: Petitioner filed a petition for writ of habeas corpus on March 20, 2009, naming the Sheriff as Respondent, and filed an ex parte application for immediate release on April 9, 2009. Sheriff Baca's motion to dismiss was filed April 21, 2009, and noticed for hearing on May 19, 2009. IT IS ORDERED: 1) The noticed hearing date if VACATED; 2) Plaintiff's opposition, or notice of non−opposition,to the motion shall be served and filed on or before May 1, 2009. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 04/23/2009)
04/24/2009
14 OPPOSITION to MOTION to Dismiss Petitioner's Petition For Writ Of Habeas Corpus Or, In The Alternative, Request That This Court Direct The Real Parties In Interest To Respond To Petitioner's Habeas Corpus Petition 12 filed by Petitioner Richard I. Fine. (dt) (Entered: 04/27/2009)
05/01/2009
15 ANSWER to Petition for Writ of Habeas Corpus (2254), Petition for Writ of Habeas Corpus (2254) 1 Response filed by Respondent David P Yaffe, Superior Court of California, County of Los Angeles.(McCormick, Kevin) (Entered: 05/01/2009)
05/01/2009
16 DECLARATION of Kevin M. McCormick re Answer to Complaint 15 In Support of Response filed by Respondents David P Yaffe, Superior Court of California, County of Los Angeles. (Attachments: # 1 Exhibit Exhibit A to Response to Petition for Writ of Habeas Corpus, # 2 Exhibit Exhibit B to Response to Petition for Writ of Habeas Corpus, # 3 Exhibit Exhibit C to Response to Petition for Writ of Habeas Corpus, # 4 Exhibit Exhibit D to Response to Petition for Writ of Habeas Corpus)(McCormick, Kevin) (Entered: 05/01/2009)
05/05/2009
17 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Carla Woehrle, ORDERING Supplement to Opposition to Motion and Supplement to Opposition Dismissal submitted by Petitioner Richard I. Fine received on April 28, 2009 is not to be filed but instead rejected. Denial based on: Documents were not signed by attorney of record or pro se litigant as required by Fed.R.Civ.P. Rule 11(a); see also Local Rule 11−1, 83−2.10.2, and 83−2.10.3. (dt) (Entered: 05/06/2009)
05/05/2009
18 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Carla Woehrle. **SEE ATTACHMENT FOR FURTHER DETAILS** (dt) (Entered: 05/06/2009)
05/05/2009
19 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carla Woehrle: A response to the petition on behalf of Superior Court of CA, LA County, and the Hon. David P. Yaffe, Judge of the Superior Court was filed onMay 1, 2009, along with the Declaration of Kevin M.McCormack. Petitioner's reply shall, if any, be served and filed on or before May 22, 2009. Unless otherwise ordered, this matter will then be taken under submission, without oral argument, and the parties will be notified of all furthe proceedings. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 05/06/2009)
05/05/2009
20 ORDER STRIKING by Magistrate Judge Carla Woehrle, STRIKING Response in Opposition to Motion, 14 . **SEE DOCUMENT FOR FURTHER DETAILS** (dt) (Entered: 05/06/2009)
05/08/2009
21 First EX PARTE APPLICATION to Intervene filed by intervener defendant Del Rey Shores Joint Venture, Del Rey Shores Joint Venture North. (Attachments: # 1 Response to Petition for Habeas Corpus, # 2 Declaration Declaration in support of response to petition, # 3 Proposed Order Order granting leave to intervene, # 4 Certificate of Interested Parties)(Rosen, Joshua) (Entered: 05/08/2009)
05/08/2009
22 RESPONSE in Support of Petition and Request for Immediate Release from Custody filed by Petitioner Richard I. Fine (pcl) (Entered: 05/19/2009)
Case: 2:09-cv-01914-JFW-CW
As of: 07/16/2009 04:47 PM PDT
4 of 5
05/14/2009
23 REQUEST and Demand for Immediate Release, Granting of Writ of Habeas Corpus, and Striking of Declarations of Rosen and McCormick, and the Response of Del Rey Shoes Joint Venture and Del Rey Shores Joint Venture North filed by petitioner Richard I. Fine. (pcl) (Entered: 05/19/2009)
05/14/2009
24 RESPONSE in Support of Petition and Request for Immediate Release from Custody filed by Petitioner Richard I. Fine (pcl) (Entered: 05/19/2009)
06/12/2009
25 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Carla Woehrle . Objections to RRdue by 7/6/2009 (Attachments: # 1 Report and Recommendation) (dt) Modified on 6/12/2009 (dt). (Entered: 06/12/2009)
06/12/2009
26 REPORT AND RECOMMENDATION issued by Magistrate Judge Carla Woehrle. Re MOTION to Dismiss Petitioner's Petition For Writ Of Habeas Corpus 12 Objections to RRdue by 7/6/2009. *SEE REPORT AND RECOMMENDATION FOR FURTHER DETAILS** (dt) (Entered: 06/12/2009)
06/12/2009
27 AMENDED NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Carla Woehrle. Objections to RRdue by 7/6/2009 (dt) (Entered: 06/12/2009)
06/12/2009
28 NOTICE of the United States Supreme Court Decision of Caperton et al. v. A.T. Massey Coal Co., Inc., et al., Dated June 8, 2009 filed by petitioner Richard I. Fine. (pcl) (Entered: 06/16/2009)
06/25/2009
29 OBJECTIONS, Including Memorandum in Support of Objections, to Magistrate Judge's Report; Demand for Immediate Release filed by petitioner Richard I. Fine.(pcl) (Entered: 06/26/2009)
06/26/2009
32 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Carla Woehrle, ORDERING proposed supplemental petition submitted by Petitioner Richard I. Fine received on 5/26/09 is not to be filed but instead rejected. Denial based on: Not signed by attorney or pro se litigent; Improperly names judges in this case as respondents. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered: 06/29/2009)
06/29/2009
30 ORDER ACCEPTING REPORT AND RECOMMENDATION of United States Magistrate Judge by Judge John F. Walter: IT IS ORDERED: (1) that the Report and Recommendation of the United States Magistrate Judge be accepted; (2) that judgment be entered denying the petition and dismissing this action with prejudice; and (3) that the following motions be dismissed as moot in light of this order: Petitioner's ex parte application for order for immediate release (docket no. 9 ), Respondent Sheriff Bacas motion to dismiss (docket no. 12 ), the Del Rey Parties' ex parte application to intervene (docket no. 21 ), and Petitioner's request for order for immediate release, etc. ( 23 ). (pcl) (Entered: 06/29/2009)
06/29/2009
31 JUDGMENT by Judge John F. Walter: IT IS ADJUDGED that the petition for writ of habeas corpus is denied and the action dismissed with prejudice. (MD JS−6, Case Terminated). (pcl) (Entered: 06/29/2009)
06/30/2009
33 ORDER from 9th CCA filed, CCA # 09−71692. The court is in receipt of petitioner's original petiton for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254. An application for a writ of habeas corpus must be made to the district court. See Fed. R. App. P. 22(a); see also 28 U.S.C. 2241(b). Petitioner has an application for a writ of habeas corpus pending in the United States District Court for the Central District of California, case No. 09−1914. To the extent petitioner requests that this court order the district court to act on or grant his pettiion for writ of habass corpus, petitoner's filing is construed as a petition for writ of mandamus. We note that on June 12, 2009, the district court issued its findings and recommendations in petitioner's case. Accordingly, petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. United States Dist. Court, 557 F. 2d 650(9th Cir. 1977). The petition is denied. Order received in this district on 6/30/09. (lr) (Entered: 07/06/2009)
07/01/2009
34 PETITION for Certificate of Appealability to USDC by petitioner Richard I. Fine; Filed as Notice of Appeal to 9th CCA from district court judgment, 31 filed 06/29/2009. cc: Richard I. Fine; Attorney General. (car) Modified on 7/6/2009 (car). (Entered: 07/06/2009)
Case: 2:09-cv-01914-JFW-CW
As of: 07/16/2009 04:47 PM PDT
5 of 5
07/09/2009
35 REQUEST Under FRCP Rules 60(b)(2), (4) and (6) to Recuse Magistrate Judge Woehrle for Bias for Failure to Disclose That She Was a Criminal Defense Attorney Prior to Becoming a Magistrate Judge, and is Subject to Malpractice Claims if She Rules that It is a Denial of Due Process for L.A. Superior Court Judges to Take Payments From L.A. County When She Did Not Raise Such Issue on Behalf of Her Own Clients When They Were Prosecuted by the L.A. County District Attorney filed by petitioner Richard I. Fine. (pcl) (Entered: 07/10/2009)
07/09/2009
36 REQUEST UNDER FRCP Rules 60(b)(2),(4) and (6) to Recuse Judge Walter for Bias for Failure to Disclose That He Was a Criminal Defense Attorney Prior to Becoming a Judge, and is subject to Malpractice Claims If He Rules That It Is A Denial of Due Process for L.A. Superior Court Judges to Take Payments from L.A. County When He Did Not Raise Such Issue Of Behalf of His Own Clients When They Were Prosecuted by the L.A. County District Attorney filed by petitioner Richard I. Fine. (pcl) (Entered: 07/10/2009)
07/09/2009
37 EX PARTE APPLICATION Under FRCP Rule 60(b)(6) to Release Petitioner From Jail Pending Decision From Ninth Circuit Court of Appeals filed by petitioner Richard I. Fine.(pcl) (Entered: 07/10/2009)
07/10/2009
38 NOTIFICATION by Circuit Court of Appellate Docket Number 09−56073, 9th CCA regarding Petition for Certificate of Appealability 34 as to petitioner Richard I. Fine. (lra) (Entered: 07/13/2009)
07/13/2009
39 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed. Pursuant to GO 08.05 and Local Rule 72−5 REQUEST for Recusal of Judge Walter 36 is referred to Judge George H. King for determination. (rn) (Entered: 07/13/2009)
07/13/2009
40 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed. Pursuant to GO 08.05 and Local Rule 72−5 REQUEST for Recusal of Magistrate Judge Carla Woehrle 35 is referred to Judge George H. King for determination. (rn) (Entered: 07/13/2009)
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