Elliott v. Vail et al
Petitioner: Brian Howard Elliott
Respondent: Eldon Vail and Washington State Department of Corrections
Case Number: 3:2011cv05377
Filed: May 16, 2011
Court: US District Court for the Western District of Washington
Office: Tacoma Office
County: Pierce
Presiding Judge: Benjamin H Settle
Presiding Judge: Karen L Strombom
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 19, 2013 Opinion or Order Filing 57 ORDER by Judge Benjamin H Settle denying 56 Motion to Amend Judgment.(TG; cc mailed to petitioner)
May 15, 2013 Opinion or Order Filing 54 ORDER adopting Report and Recommendations 48 ; Elliott's Second, First Part of the Fifth, and Ninth Ground for rlieef are DENIED; and Elliott is not entitled to a Certificate of Appealability with respect to Grounds Two, Sub-Claim One of Ground Five, and Ground Nine of his habeas petition. Signed by Judge Benjamin H Settle.(CMG; cc to petitioner)
February 26, 2013 Opinion or Order Filing 52 ORDER by Judge Benjamin H Settle granting 51 Motion for Extension of Time; 48 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Brian Howard Elliott: Noting Date 3/29/2013. (TG; cc mailed to petitioner)
August 29, 2012 Opinion or Order Filing 47 ORDER granting 46 Motion for clarification. Respondent's supplemental brief addressing the three habeas claims submitted in April of 2012 is sufficient to satisfy the Court's August 3, 2012 Order directing the supplemental briefing. THe clerk shall note this matter for consideration four Fridays from the date this order is filed. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Petitioner)
August 3, 2012 Opinion or Order Filing 45 ORDER for additional briefing: Respondent shall file and serve his brief on the claims listed above on or before 9/17/12. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Petitioner)
August 2, 2012 Opinion or Order Filing 44 ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 43 Objections to Report and Recommendation filed by Brian Howard Elliott, case re-referred to Judge Judge Karen L Strombom. (TG; cc mailed to petitioner)
March 27, 2012 Opinion or Order Filing 37 ORDER denying 33 Motion for Evidentiary Hearing; denying 31 Motion to expand the record, for evidentiary hearing, to proceed in forma pauperis, and for the appointment of counsel. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Plaintiff)
March 6, 2012 Opinion or Order Filing 35 ORDER granting 29 Motion for Extension of Time signed by Magistrate Judge Karen L Strombom.(MET) cc: Petitioner
November 29, 2011 Opinion or Order Filing 25 ORDER that Petitioner's 18 Motion to supplement the state court record is GRANTED as to (1) the reply filed by Mr. Elliott and (2) state court tanscripts relevant to claim four. Petitioner motion is DENIED as this time in all other respects. Respondents shall provide these supplements to the state court records on or before 1/6/12. The time for Petitioner to file his response shall be extended from 11/21/11 to 2/6/12. The Clerk shall re-note the habeas petition on the Court's cale ndar for 2/10/12. Petitioner's motions to amend 19 and motion for leave to proceed in forma pauperis 20 are DENIED. In light of the foregoing, Petitioner's motoin; for an extension of time 24 is DENIED as moot. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Petitioner)
October 18, 2011 Opinion or Order Filing 21 ORDER granting 17 Motion for Extension of Time; Petitioner shall file his response on or before 11/21/11. Respondents may file a reply on or before 11/25/11. The Clerk shall re-note the habeas petition on the Court's calendar for 11/25/2011. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Petitioner)
August 11, 2011 Opinion or Order Filing 14 ORDER granting 13 Motion for Extension of Time to Answer; Respondents' answer due 9/14/2011. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Petitioner)
June 16, 2011 Opinion or Order Filing 5 ORDER DIRECTING SERVICE by 1st Class/Certified Mail/Return Receipt Requested; mailed on 6/16/11 to Respondent & AG's office; General Order sent to Pltf. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Petitioner)
May 23, 2011 Opinion or Order Filing 3 ORDER TO SHOW CAUSE re: petitioner's terms of community custody by 6/10/2011, signed by Magistrate Judge Karen L Strombom. (MET) cc: Petitioner
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Respondent: Eldon Vail
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Respondent: Washington State Department of Corrections
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Petitioner: Brian Howard Elliott
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