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Docket - USDC Habeas - July 16 2009

Docket - USDC Habeas - July 16 2009

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Published by: Honor in Justice on Jul 17, 2009
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194, APPEAL, CLOSED, RELATED\u2212DDJ

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
(Western Division \u2212 Los Angeles)
CIVIL DOCKET FOR CASE #: 2:09\u2212cv\u221201914\u2212JFW\u2212CW

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\u2212cv\u221202906\u2212JFW\u2212CW
Case in other court: 9th CCA, 09\u221256073
Cause: 28:2254 Petition for Writ of Habeas Corpus (State)

Date Filed: 03/20/2009
Date Terminated: 06/29/2009
Jury Demand: None
Nature of Suit: 530 Habeas Corpus
(General)
Jurisdiction: Federal Question

Petitioner
Richard I. Fine

represented byRichard 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 byAaron Mitchell Fontana
Lawrence Beach Allen &Choi PC
100 West Broadway Suite 1200
Glendale , CA 91210
818\u2212545\u22121925
Fax: 818\u2212545\u22121937
Email: afontana@lbaclaw.com

LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Respondent
Judge David P Yaffe
Hon. David P. Jaffe

represented byKevin M McCormick
Benton Orr Duval &Buckingham
39 North California Street
P O Box 1178
Ventura , CA 93002\u22121178
805\u2212648\u22125111
Email: kmccormick@bentonorr.com

LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Respondent
Superior Court of California, County
of Los Angeles
Superior Couirt of Califoria, County of
Los Angeles
represented byKevin M McCormick
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Intervenor Defendant
Del Rey Shores Joint Venture

represented byJoshua Lee Rosen
Joshua L Rosen Law Offices
5905 Sherbourne Drive
Los Angeles , CA 90056
310\u2212649\u22120063

Case: 2:09-cv-01914-JFW-CW As of: 07/16/2009 04:47 PM PDT\ue000 1 of 5\ue000
Fax: 310\u2212410\u22127227
Email: jrosenlaw@ca.rr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Intervenor Defendant
Del Rey Shores Joint Venture North
represented byJoshua 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\u221201914 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\u2212recusal pursuant to General Order 08\u221205
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\u221201914 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\ue000 2 of 5\ue000
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\u2212opposition,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) 1Response 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\u22121, 83\u22122.10.2, and 83\u22122.10.3. (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\ue000 3 of 5\ue000

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