Erik Lindsey Smith v. Felipe Martinez

5:22-cv-01470 | California Central District Court

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Division Riverside (Eastern Division)
Judge Judge Michael W. Fitzgerald
Filed Aug. 19, 2022
Case Flags ACCO and 194
Magistrate Magistrate Judge John D. Early
Nature of Suit 530 Habeas Corpus
Cause 28:2241 Petition for Writ of Habeas Corpus (federal)
Jury Demand None
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Filing Date # Docket Text
4/13/2023Stay Case
4/13/2023Stay Case
3/16/2023Generic Text Only Entry
3/15/2023 JUDGMENT by Judge Michael W. Fitzgerald, Related to: R&R - Accepting Report and Recommendations - Granting 2241 28 . IT HEREBY IS ORDERED, ADJUDGED, and DECREED that the Petition (Dkt. 1) is GRANTED as follows: Respondent is conditionally ORDERED to release Petitioner from custody on the 30th day after this Judgment is entered, subject to the filing of any further charges and proceedings in the Southern District of Florida before that date. (MD JS-6, Case Terminated). (hr)
3/15/2023 ORDER Accepting Report and Recommendation 25 , MOTION to Dismiss 11 by Judge Michael W. Fitzgerald. IT IS THEREFORE ORDERED as follows: (1) Respondent's Motion to Dismiss (Dkt. 11) is DENIED; (2) the Petition (Dkt. 1) is G RANTED; and (3) Judgment shall be entered conditionally granting a writ of habeas corpus and ordering Respondent to release Petitioner on the 30th day after judgment is entered, subject to the filing of any further charges and proceedings in the Southern District of Florida before that date. (see document for further details) (hr)
3/13/2023Notice (Other)
3/6/2023Attorney Appearance or Reassignment for the Federal Public Defenders Office
2/23/2023Report and Recommendation (Issued)
2/23/2023Notice of Report and Recommendation
2/21/2023Telephone Conference
2/9/2023Supplement (Motion related)
2/1/2023Supplement
1/27/2023Continue
1/27/2023Continue
1/26/2023Minutes of In Chambers Order/Directive - no proceeding held, ~Util - Set/Reset Hearings
12/2/2022Reply (Motion related)
11/17/2022Response in Opposition to Motion
11/9/2022Deficiency in Electronically Filed Documents (G-112A) - optional html form
11/4/2022Sealed Document
11/4/2022Leave to File Document Under Seal
11/4/2022Leave to File Document Under Seal
11/4/2022Dismiss (cause or other)
10/17/2022ORDER GRANTING RESPONDENT'S UNOPPOSED EX PARTE APPLICATION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITIONER'S PETITION by Magistrate Judge John D. Early: granting 9 EX PARTE APPLICATION for Extension of Time to File. The Court hereby orders a new briefing schedule with respect to petitioner's petition as follows: any response by respondent, whether that shall be a motion to dismiss or transfer, or answer, shall be filed no later than November 4, 2022. (see document for further details) (hr) (Entered: 10/17/2022)
10/15/2022 EX PARTE APPLICATION for Extension of Time to File Respondent's Response to Petition filed by respondent Felipe Martinez. (Attachments: # 1 Declaration of Haoxiaohan Cai, # 2 Proposed Order) (Cai, Haoxiaohan) (Entered: 10/15/2022)
10/15/2022NOTICE OF APPEARANCE of Assistant United States Attorney Haoxiaohan Cai on behalf of respondent Felipe Martinez. Assistant United States Attorney Assistant 2241-194 US Attorney LA-CV terminated. (Attorney Haoxiaohan Cai added to party Felipe Martinez(pty:res))(Cai, Haoxiaohan) (Entered: 10/15/2022)
8/23/2022NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Brianna Fuller Mircheff on behalf of petitioner Erik Lindsey Smith. Filed by petitioner Erik Lindsey Smith. (Mircheff, Brianna) (Entered: 08/23/2022)
8/22/2022ORDER by Magistrate Judge John D. Early: granting 3 EX PARTE APPLICATION for Appointment of Counsel. The Court hereby ORDERS that Brianna Fuller Mircheff of the Office of the Federal Public Defender for the Central District of California is appointed to represent Petitioner in this matter. Within ten (10) days of the service date of this Order, appointed counsel shall e-file a Notice of Appearance. (hr) (Entered: 08/22/2022)
8/22/2022ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge John D. Early. That Respondent Felipe Martinez file Answer to the Petition not later than 10/6/2022. 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. Motions to Dismiss shall be filed by 9/21/2022. (Attachments: # 1 Petition) (mba) (Entered: 08/22/2022)
8/22/2022NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Michael W. Fitzgerald and referred to Magistrate Judge John D. Early, 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. (lh) (Entered: 08/22/2022)
8/19/2022 EX PARTE APPLICATION for Appointment of Counsel filed by Petitioner Erik Lindsey Smith. (Attachments: # 1 Proposed Order) (Mircheff, Brianna) (Entered: 08/19/2022)
8/19/2022 CIVIL COVER SHEET filed by Petitioner Erik Lindsey Smith. (Mircheff, Brianna) (Entered: 08/19/2022)
8/19/2022PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Fee Exempt pursuant to statue, filed by Petitioner Erik Lindsey Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Attorney Brianna Fuller Mircheff added to party Erik Lindsey Smith(pty:pet))(Mircheff, Brianna) (Entered: 08/19/2022)