Dylan C. Jones v. Warden J. Engelman

2:22-cv-05292 | California Central District Court

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Division Los Angeles (Western Division)
Judge Judge Mark C. Scarsi
Filed July 29, 2022
Case Flags 194
Magistrate Magistrate Judge Gail J. Standish
Nature of Suit 530 Habeas Corpus
Cause 28:2241 Petition for Writ of Habeas Corpus (federal)
Jury Demand None
Last Updated: 2 years, 4 months ago Show Interactive Timeline
Filing Date # Docket Text
11/8/2022Status Report
11/7/2022Hearing, For Order, Show Cause
11/3/2022
  • Response
Response
11/2/2022~Util - Set/Reset Motion Hearing and R&R Deadlines, Minutes of In Chambers Order/Directive - no proceeding held
11/1/2022
  • Response
Response
11/1/2022
  • Response
Response
10/28/2022~Util - Set/Reset Motion Hearing and R&R Deadlines, Minutes of In Chambers Order/Directive - no proceeding held
10/27/2022Status Report
10/26/2022Show Cause, Hearing, Order
10/7/2022
  • Motion for Judgment
JUDGMENT by Judge Mark C. Scarsi, IT IS ADJUDGED THAT: habeas relief having been granted, pursuant to 18 U.S.C. § 3632(d)(4)(C), the Bureau of Prisons shall (a) immediately calculate and apply Petitioner's earned time credits to date so a s to ascertain his applicable release date, (b) thereafter release Petitioner on that release date pursuant to the appropriate placement within the discretion of the Bureau of Prisons, whether prerelease custody or supervised release, and (c) if t hat release date already has passed, release him within 20 days to either prerelease custody or supervised release, with the appropriate placement to be determined by the Bureau of Prisons; and this action is dismissed with prejudice. Related to: R&R - Accepting Report and Recommendations, 17 (MD JS-6, Case Terminated). (es)
10/7/2022
  • Order
ORDER ACCEPTING IN PART AND REJECTING IN PART FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Mark C. Scarsi for Report and Recommendation (Issued), 13 , NOTICE OF MOTION AND MOTION to Dismiss Petitioner's Wri t of Habeas Corpus 5 IT IS ORDERED that: (1) the Motion is DENIED; (2) the Petition is GRANTED; and (3) pursuant to 18 U.S.C. § 3632(d)(4)(C), the Bureau of Prisons shall (a) immediately calculate and apply Petitioner's earned t ime credits to date so as to ascertain his applicable release date, (b) thereafter release Petitioner on that release date pursuant to an appropriate placement within the discretion of the Bureau of Prisons, whether prerelease custody or supervised release, and (c) if that release date already has passed, release Petitioner within 20 days to either prerelease custody or supervised release, with the appropriate placement to be determined by the Bureau of Prisons. (es)
10/4/2022Memorandum of Points and Authorities in Opposition
9/27/2022Objection to Report and Recommendation
9/6/2022PETITIONER'S NOTICE OF ERRATA RE: REPORT AND RECOMMENDATION 11 filed by Petitioner Dylan C. Jones. (es) (Entered: 09/07/2022)
9/7/2022AMENDED REPORT AND RECOMMENDATION issued by Magistrate Judge Gail J. Standish. Re Petition for Writ of Habeas Corpus (2241) 1 , NOTICE OF MOTION AND MOTION to Dismiss Petitioner's Writ of Habeas Corpus 5 IT IS RECOMMENDED that the Court issue an Order: (1) accepting this Amended Report and Recommendation; (2) denying the Motion; (3) granting the Petition and directing that, pursuant to 18 U.S.C. § 3632(d)(4)(C) (a) the BOP immediately apply Petitioner's earned ETCs to date to calculate his applicable early release date, (b) thereafter release Petitioner on that early release date pursuant to an appropriate early release option to be determined by the BOP, and (c) if that early release date has passed, to release him within 20 days pursuant to an appropriate early release option to be determined by the BOP; and (4) directing that Judgment be entered accordingly. (es) (Entered: 09/07/2022)
9/7/2022AMENDED NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Gail J. Standish. Objections to R&R due by 9/27/2022. (es) (Entered: 09/07/2022)
9/2/2022
  • Order
REPORT AND RECOMMENDATION issued by Magistrate Judge Gail J. Standish. Re Petition for Writ of Habeas Corpus (2241) 1 , NOTICE OF MOTION AND MOTION to Dismiss Petitioner's Writ of Habeas Corpus 5 IT IS RECOMMENDED that the Court issue an Order: (1) accepting this Report and Recommendation; (2) denying the Motion; (3) granting the Petition and directing that, pursuant to 18 U.S.C. § 3632(d) (4)(C) (a) the BOP immediately apply Petitioner's earned ETCs to date to calculate his applicable early release date, (b) thereafter release Petitioner on that early release date pursuant to an appropriate early release option to be determined by the BOP, and (c) if that early release date has passed, to release him within 20 days pursuant to an appropriate early release option to be determined by the BOP; and (4) directing that Judgment be entered accordingly. (es) (Entered: 09/02/2022)
9/2/2022NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Gail J. Standish. Objections to R&R due by 9/22/2022. (es) (Entered: 09/02/2022)
8/31/2022NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Gail J. Standish, ORDERING Petitioner's Ex Parte Application and Proposed Order submitted by Petitioner Dylan C. Jones received on 08/26/2022 is not to be filed but instead rejected. Denial based on: The application is unnecessary and moot. Petitioner's Reply was earlier received and filed on August 25, 2022, has been deemed timely, and is being considered. (es) (Entered: 09/01/2022)
8/25/2022NOTICE OF ERRATA filed by Respondent J. Engelman. correcting NOTICE OF MOTION AND MOTION to Dismiss Petitioner's Writ of Habeas Corpus 5 (Attachments: # 1 Exhibit G to Bugarin Declaration, # 2 Proof of Service)(Cai, Haoxiaohan) (Entered: 08/25/2022)
8/25/2022PETITIONER'S PRO SE REPLY IN SUPPORT OF PETITIONER'S WRIT OF HABEAS CORPUS FOR (a) APPLICATION OF FIRST STEP ACT (FSA) EARNED TIME CREDITS TOWARD REMAINING SENTENCE AND (b) IMMEDIATE RELEASE 5 filed by Petitioner Dylan C. Jones. (es) (Entered: 08/25/2022)
8/24/2022
  • Order
MINUTE ORDER (IN CHAMBERS) Order Directing Correction of Filing by Magistrate Judge Gail J. Standish: The Court has reviewed Respondent's Answer and Motion to Dismiss filed on August 16, 2022 [Dkt. 5], along with the accompanying Declaration of Maricela Bugarin [Dkt. 5-1] and Exhibits. There appears to be an error in one of the Exhibits. If, as seems to be the case, Ex. G contains the wrong document, Respondent must file and serve a corrected version of the Exhibit immediately. If, instead, the Exhibit is correct, then the Bugarin Declaration is in error and must be amended immediately. re: NOTICE OF MOTION AND MOTION to Dismiss Petitioner's Writ of Habeas Corpus 5 . [See document for further information.] (es) (Entered: 08/24/2022)
8/16/2022
  • Motion to Dismiss (Demurrer)
NOTICE OF MOTION AND MOTION to Dismiss Petitioner's Writ of Habeas Corpus filed by Respondent J. Engelman. (Attachments: # 1 Declaration of Maricela Bugarin ISO Answer and MTD, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Proof of Service) (Cai, Haoxiaohan) (Entered: 08/16/2022)
8/8/2022NOTICE OF APPEARANCE of Assistant United States Attorney HAOXIAOHAN CAI on behalf of petitioner J. Engelman. (Attorney Haoxiaohan Cai added to party J. Engelman(pty:res))(Cai, Haoxiaohan) (Entered: 08/08/2022)
8/2/2022
  • Order
ORDER REQUIRING RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS [FED. CUSTODY - EXPEDITED] by Magistrate Judge Gail J. Standish. Respondent must file and serve an Answer within 14 days from the date of this Order. Within 7 days of the date of service of the Answer, Petitioner may file a Reply responding to matters the Answer raises. 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 United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (Attachments: # 1 Attachment.CV11B, # 2 Attachment.Petition) (es) (Entered: 08/02/2022)
8/2/2022NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Mark C. Scarsi and referred to Magistrate Judge Gail J. Standish, 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. (jtil) (Entered: 08/02/2022)
7/29/2022
  • Motion
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241), filed by Petitioner Dylan C. Jones. Case assigned to Judge Mark C. Scarsi and referred to Magistrate Judge Gail J. Standish. (Filing fee $ 5 Paid.) (jtil) (Entered: 08/02/2022)