This case was last updated from PACER on 02/21/2020 at 09:58:55 (UTC).

Chris A. Belton v. Milusnic

Case Summary

On 12/23/2019 Chris A Belton filed a Prisoner - Vacate Sentence lawsuit against Milusnic. This case was filed in U.S. District Courts, Alaska District. The Judges overseeing this case are Deborah M. Smith, Timothy M. Burgess and Sharon L. Gleason. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-00321

  • Filing Date:

    12/23/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Prisoner - Vacate Sentence

  • Court:

    U.S. District Courts

  • Courthouse:

    Alaska District

Judge Details

Referral Judge

Deborah M. Smith

Presiding Judges

Timothy M. Burgess

Sharon L. Gleason

 

Party Details

Petitioner

Chris A. Belton

Adelanto, CA 92301

Respondent

Warden Milusnic

Attorney/Law Firm Details

Respondent Attorneys

Billy Joe McLain

Attorney at AUSA - US Attorneys Office

312 North Spring Street Suite 1200

Los Angeles, CA 90012

Assistant 2241-194 US Attorney LA-CV

Attorney at AUSA - Office of US Attorney

312 North Spring Street 12Th Floor

Los Angeles, CA 90012-4700

 

Court Documents

#18

(#18) JUDGMENT: Defendant's application for post-conviction relief [28:2255] is denied. The Court declines to issue a certificate of appealability. Signed by Judge Sharon L. Gleason on 2/20/20. (JLH, COURT STAFF) (Entered: 02/20/2020)

15 #1

*Restricted*

#15

(#15) Case transferred in from District of California Central; Case Number 2:19-cv-03994. Original file certified copy of transfer order and docket sheet received. (Entered: 12/23/2019)

#5

(#5) MOTION to Dismiss Petition or Transfer to the District of Alaska filed by Respondent Milusnic. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Consent To Proceed Before Magistrate, #6 Proposed Order, #7 Certificate of Service)(McLain, Billy) Modified on 6/7/2019 (hr). [Transferred from California Central on 12/23/2019.] (Entered: 06/06/2019)

5 #5

Consent To Proceed Before Magistrate

5 #4

Exhibit 3

5 #7

Certificate of Service

5 #6

Proposed Order

5 #1

Declaration

5 #3

Exhibit 2

5 #2

Exhibit 1

#14

(#14) ORDER: (1) ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; AND (2) TRANSFERRING THE ACTION TO THE DISTRICT OF ALASKA by Judge Michael W. Fitzgerald for Report and Recommendation (Issued) #13 , Motion to Dismiss or Transfer #5 . IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss the Petition (Dkt. 5) is GRANTED in part as follows: (a) the Petition is recharacterized as a Motion pursuant to 28 U.S.C. 2255; and (b) so recharacterized, the action is transferred to the United States District Court for the District of Alaska. (see document for further details) Original file, certified copy of the transfer order and docket sheet sent electronically. (MD JS-6. Case Terminated.) (Attachments: #1 Transmittal Letter) (hr) [Transferred from California Central on 12/23/2019.] (Entered: 12/20/2019)

#13

(#13) REPORT AND RECOMMENDATION issued by Magistrate Judge John D. Early. IT IS THEREFORE RECOMMENDED that the District Court issue an Order (1) approving and accepting this Report and Recommendation; (2) granting #5 Respondent's Motion to Dismiss in part as follows: (a) recharacterizing the Submission as a motion under 28 U.S.C. 2255; and (b) transferring the case to the United States District Court for the District of Alaska #1 . (mba) [Transferred from California Central on 12/23/2019.] (Entered: 08/19/2019)

14 #1

Transmittal Letter

#1

(#1) PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Michael W. Fitzgerald and referred to Magistrate Judge John D. Early. (Filing fee $ 5 FEE DUE.), filed by Petitioner Chris A. Belton. (et) [Transferred from California Central on 12/23/2019.] (Entered: 05/09/2019)

#12

(#12) NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John D. Early. Objections to R&R due by 9/9/2019. (mba) [Transferred from California Central on 12/23/2019.] (Entered: 08/19/2019)

#9

(#9) MOTION for Appointment of Counsel, filed by Petitioner Chris A. Belton. (mba) [Transferred from California Central on 12/23/2019.] (Entered: 06/24/2019)

#11

(#11) MINUTES (IN CHAMBERS) Order Re: Motion for Appointment of Counsel #9 by Magistrate Judge John D. Early. The Motion (Dkt. 9) is DENIED without prejudice. (see document for details) (hr) [Transferred from California Central on 12/23/2019.] (Entered: 06/25/2019)

23 More Documents Available

 

Docket Entries

  • 02/20/2020
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  • (#18) JUDGMENT: Defendant's application for post-conviction relief [28:2255] is denied. The Court declines to issue a certificate of appealability. Signed by Judge Sharon L. Gleason on 2/20/20. (JLH, COURT STAFF) (Entered: 02/20/2020)

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  • 01/08/2020
  • Docket Annotation: All future filings will be in 3:03-cr-00126-02-SLG. (JLH, COURT STAFF) (Entered: 01/08/2020)

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  • 01/08/2020
  • (#17) SLG TEXT ORDER: The cause number of this case is changed to 28:2255 to reflect that it is a motion pursuant to 28 U.S.C. 2255. Additionally, the nature of suit is amended to reflect that the nature of this case is 510 (Motion to Vacate Sentence). These changes are administrative in nature only. (JLH, COURT STAFF) (Entered: 01/08/2020)

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  • 01/07/2020
  • (#16) TMB TEXT ORDER REASSIGNING CASE. By agreement of the judges, the above referenced case is hereby reassigned to the Honorable Sharon L. Gleason for all further proceedings. Please use the following case number on all future filings: 3:19-cv-00321-SLG-DMS. (RMC, COURT STAFF) (Entered: 01/07/2020)

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  • 12/23/2019
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  • (#15) Case transferred in from District of California Central; Case Number 2:19-cv-03994. Original file certified copy of transfer order and docket sheet received. (Entered: 12/23/2019)

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  • 12/19/2019
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  • (#14) ORDER: (1) ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; AND (2) TRANSFERRING THE ACTION TO THE DISTRICT OF ALASKA by Judge Michael W. Fitzgerald for Report and Recommendation (Issued) #13 , Motion to Dismiss or Transfer #5 . IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss the Petition (Dkt. 5) is GRANTED in part as follows: (a) the Petition is recharacterized as a Motion pursuant to 28 U.S.C. 2255; and (b) so recharacterized, the action is transferred to the United States District Court for the District of Alaska. (see document for further details) Original file, certified copy of the transfer order and docket sheet sent electronically. (MD JS-6. Case Terminated.) (Attachments: #1 Transmittal Letter) (hr) [Transferred from California Central on 12/23/2019.] (Entered: 12/20/2019)

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  • 08/19/2019
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  • (#13) REPORT AND RECOMMENDATION issued by Magistrate Judge John D. Early. IT IS THEREFORE RECOMMENDED that the District Court issue an Order (1) approving and accepting this Report and Recommendation; (2) granting #5 Respondent's Motion to Dismiss in part as follows: (a) recharacterizing the Submission as a motion under 28 U.S.C. 2255; and (b) transferring the case to the United States District Court for the District of Alaska #1 . (mba) [Transferred from California Central on 12/23/2019.] (Entered: 08/19/2019)

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  • 08/19/2019
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  • (#12) NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John D. Early. Objections to R&R due by 9/9/2019. (mba) [Transferred from California Central on 12/23/2019.] (Entered: 08/19/2019)

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  • 06/25/2019
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  • (#11) MINUTES (IN CHAMBERS) Order Re: Motion for Appointment of Counsel #9 by Magistrate Judge John D. Early. The Motion (Dkt. 9) is DENIED without prejudice. (see document for details) (hr) [Transferred from California Central on 12/23/2019.] (Entered: 06/25/2019)

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  • 06/21/2019
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  • (#10) FINANCIAL AFFIDAVIT in Support of #9 Motion for Appointment of Counsel, filed as to Petitioner Chris A. Belton. (mba) [Transferred from California Central on 12/23/2019.] (Entered: 06/24/2019)

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  • 06/21/2019
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  • (#9) MOTION for Appointment of Counsel, filed by Petitioner Chris A. Belton. (mba) [Transferred from California Central on 12/23/2019.] (Entered: 06/24/2019)

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  • 06/07/2019
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  • (#8) CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Respondent Milusnic. (McLain, Billy) [Transferred from California Central on 12/23/2019.] (Entered: 06/07/2019)

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  • 06/07/2019
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  • (#7) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) #6 , Motion to Dismiss Petition or Transfer #5 by Magistrate Judge John D. Early. Please re-file the Consent to Proceed Before a United States Magistrate Judge (CV-11B), attached at Docket No. 5-5, as a separate document using the correct event. (hr) [Transferred from California Central on 12/23/2019.] (Entered: 06/07/2019)

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  • 06/07/2019
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  • (#6) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss Petition or Transfer #5 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is Motion, Dismiss. Other error(s) with document(s): The Consent to Proceed Before a United States Magistrate Judge (CV-11B), attached at Docket No. 5-5, should be filed as a separate document using the event Consent to Proceed before US Magistrate Judge - NON-FINAL. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) [Transferred from California Central on 12/23/2019.] (Entered: 06/07/2019)

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  • 06/06/2019
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  • (#5) MOTION to Dismiss Petition or Transfer to the District of Alaska filed by Respondent Milusnic. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Consent To Proceed Before Magistrate, #6 Proposed Order, #7 Certificate of Service)(McLain, Billy) Modified on 6/7/2019 (hr). [Transferred from California Central on 12/23/2019.] (Entered: 06/06/2019)

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  • 05/27/2019
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  • (#4) NOTICE of Appearance filed by attorney Billy Joe McLain on behalf of Respondent Milusnic (Attorney Billy Joe McLain added to party Milusnic(pty:res))(McLain, Billy) [Transferred from California Central on 12/23/2019.] (Entered: 05/27/2019)

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  • 05/13/2019
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  • (#3) ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge John D. Early. That Respondent Milusnic file Answer to the Petition not later than 6/27/2019. 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 6/12/2019. (Attachments: #1 Petition, #2 Blank Consent Form, #3 IFP Request) (mba) [Transferred from California Central on 12/23/2019.] (Entered: 05/13/2019)

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  • 05/07/2019
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  • (#2) NOTICE 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. (Attachments: #1 CV111 Notice of Discrepancies for filing of Habeas Corpus Petition and CV69 ifp, #2 CV69 ifp) (et) [Transferred from California Central on 12/23/2019.] (Entered: 05/09/2019)

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  • 05/07/2019
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  • (#1) PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Michael W. Fitzgerald and referred to Magistrate Judge John D. Early. (Filing fee $ 5 FEE DUE.), filed by Petitioner Chris A. Belton. (et) [Transferred from California Central on 12/23/2019.] (Entered: 05/09/2019)

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