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 Date Filed: 03/20/2009

Assigned to: Judge John F. Walter Date Terminated: 06/29/2009
Referred to: Magistrate Judge Carla Woehrle Jury Demand: None
Related Case: 2:08−cv−02906−JFW−CW Nature of Suit: 530 Habeas Corpus
Case in other court: 9th CCA, 09−56073 (General)
Cause: 28:2254 Petition for Writ of Habeas Corpus (State) Jurisdiction: Federal Question
Petitioner
Richard I. Fine 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: afontana@lbaclaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Respondent
Judge David P Yaffe represented by Kevin M McCormick
Hon. David P. Jaffe Benton Orr Duval &Buckingham
39 North California Street
P O Box 1178
Ventura , CA 93002−1178
805−648−5111
Email: kmccormick@bentonorr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Respondent
Superior Court of California, County represented by Kevin M McCormick
of Los Angeles (See above for address)
Superior Couirt of Califoria, County of LEAD ATTORNEY
Los Angeles 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: jrosenlaw@ca.rr.com
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)
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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)
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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)
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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)