Gustafson v. Attorney General

Gustafson v. Attorney General

Defendant:	Attorney General
Petitioner:	Harold A. Gustafson
Case Number:	2:2009cv01225
Filed:	July 7, 2009
Court:	US District Court for the District of Nevada
Office:	Las Vegas Office
County:	Clark
Presiding Judge:
Presiding Judge:	Kent J. Dawson
Presiding Judge:	Lawrence R. Leavitt
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
October 25, 2010	Filing 27 ORDER Denying 24 Motion under Rule 60(b) or in the alternative Rule 6(b). Signed by Judge Kent J. Dawson on 10/25/2010. (Copies have been distributed pursuant to the NEF, cc: Clerk of Court for the District of Minnesota)
May 10, 2010	Filing 21 ORDER that the motion 9 to transfer is GRANTED and that the Clerk of Court shall transfer this case to the District of Minnesota no earlier than: (a) 45 days following entry of this order or (b) if timely application is made for permission to appe al this order, 30 days following receipt of the mandate or other final order from the Court of Appeals. The Court certifies this order (as to both #8 and #9) for interlocutory appeal under 28 U.S.C. § 1292(b) as the Court finds that the order i nvolves a controlling question of law as to which there is substantial ground for difference of opinion and an immediate appeal from the order may materially advance the ultimate termination of this litigation. Pursuit of a permissive interlocutory a ppeal is contingent under 28 U.S.C. § 1292(b) upon a timely application for permission being made to the Court of Appeals within 10 days after entry of this order, by a petition filed in the Court of Appeals pursuant to the procedure outlined in Rule 5 of the Federal Rules of Appellate Procedure and Ninth Circuit Rule 5-2. As provided for in 28 U.S.C. § 1292(b), the Court directs that the filing of an application or petition for permission to appeal this order in the Court of Appeals s hall operate to stay the proceedings in the district court. Following upon notice of such action, the Clerk of this Court shall stay and administratively close this action during the pendency of the request for permission and/or appeal. The administr ative closure will not terminate the action but merely closes the action for clerical purposes. Following upon any decision by the Court of Appeals upon an interlocutory appeal, it will be incumbent upon any party wishing to seek certiorari review to timely seek any further stay of proceedings. The motion 8 to substitute is GRANTED, as the Court finds that the appearing Minnesota official to be the real party in interest, and the Commissioner of Corrections of the State of Minnesota, Joan Fabi an, shall be substituted for the respondent Brian E. Williams upon the order of transfer taking effect and the matter being transferred by the Clerk of this Court to the District of Minnesota. Any order granting relief or for the production of the pe titioner following upon the substitution accordingly will be directed to the respondent Commissioner, who will be responsible for taking all further steps necessary to secure compliance. Prior to such transfer, the Nevada respondents shall remain in the case. Prior to the transfer, the Nevada respondents and the appearing Minnesota official shall continue to present their positions in the manner that they have done so previously in this matter, subject to any orders of the Court of Appeals regar ding the presentation of the parties positions in that court in connection with any permissive interlocutory appeal. The respondents pending motion 7 to dismiss shall be carried with the case. The Court has deferred briefing by petitioner as to the timeliness issue, including any related tolling issues, until after final resolution of the forum inquiry. Signed by Judge Kent J. Dawson on 5/10/10. (Copies have been distributed pursuant to the NEF - ECS)

Date Filed

Document Text

October 25, 2010

Filing 27 ORDER Denying 24 Motion under Rule 60(b) or in the alternative Rule 6(b). Signed by Judge Kent J. Dawson on 10/25/2010. (Copies have been distributed pursuant to the NEF, cc: Clerk of Court for the District of Minnesota)

May 10, 2010

Filing 21 ORDER that the motion 9 to transfer is GRANTED and that the Clerk of Court shall transfer this case to the District of Minnesota no earlier than: (a) 45 days following entry of this order or (b) if timely application is made for permission to appe al this order, 30 days following receipt of the mandate or other final order from the Court of Appeals. The Court certifies this order (as to both #8 and #9) for interlocutory appeal under 28 U.S.C. § 1292(b) as the Court finds that the order i nvolves a controlling question of law as to which there is substantial ground for difference of opinion and an immediate appeal from the order may materially advance the ultimate termination of this litigation. Pursuit of a permissive interlocutory a ppeal is contingent under 28 U.S.C. § 1292(b) upon a timely application for permission being made to the Court of Appeals within 10 days after entry of this order, by a petition filed in the Court of Appeals pursuant to the procedure outlined in Rule 5 of the Federal Rules of Appellate Procedure and Ninth Circuit Rule 5-2. As provided for in 28 U.S.C. § 1292(b), the Court directs that the filing of an application or petition for permission to appeal this order in the Court of Appeals s hall operate to stay the proceedings in the district court. Following upon notice of such action, the Clerk of this Court shall stay and administratively close this action during the pendency of the request for permission and/or appeal. The administr ative closure will not terminate the action but merely closes the action for clerical purposes. Following upon any decision by the Court of Appeals upon an interlocutory appeal, it will be incumbent upon any party wishing to seek certiorari review to timely seek any further stay of proceedings. The motion 8 to substitute is GRANTED, as the Court finds that the appearing Minnesota official to be the real party in interest, and the Commissioner of Corrections of the State of Minnesota, Joan Fabi an, shall be substituted for the respondent Brian E. Williams upon the order of transfer taking effect and the matter being transferred by the Clerk of this Court to the District of Minnesota. Any order granting relief or for the production of the pe titioner following upon the substitution accordingly will be directed to the respondent Commissioner, who will be responsible for taking all further steps necessary to secure compliance. Prior to such transfer, the Nevada respondents shall remain in the case. Prior to the transfer, the Nevada respondents and the appearing Minnesota official shall continue to present their positions in the manner that they have done so previously in this matter, subject to any orders of the Court of Appeals regar ding the presentation of the parties positions in that court in connection with any permissive interlocutory appeal. The respondents pending motion 7 to dismiss shall be carried with the case. The Court has deferred briefing by petitioner as to the timeliness issue, including any related tolling issues, until after final resolution of the forum inquiry. Signed by Judge Kent J. Dawson on 5/10/10. (Copies have been distributed pursuant to the NEF - ECS)

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Petitioner: Harold A. Gustafson
Represented By:	Michael H. Schwarz
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Defendant: Attorney General
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