Kone v. Hernandez
| Tidiane Kone |
| L. Dean Marshall and Arnaldo Hernandez |
| 3:2020cv00313 |
| December 22, 2020 |
| US District Court for the District of Alaska |
| James K Singleton |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on February 11, 2021. A more recent docket listing may be available from PACER.
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Filing 18
TEXT ORDER BY JUDGE SINGLETON: Kone moves for leave to proceed in forma pauperis on appeal. Docket No. #17 . As this Court has already granted Kone leave to proceed in forma pauperis, Docket No. #3 , it is unnecessary for him to obtain further authorization from this Court, see FED. R. APP. P. 24(a)(3) (providing that [a] party who was permitted to proceed in forma pauperis in the district-court action... may proceed on appeal in forma pauperis without further authorization). The Motion at Docket No. 17 is therefore DENIED AS MOOT. (SDW, COURT STAFF)
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| Filing 17 MOTION for Leave to Appeal in forma pauperis by Tidiane Kone. (Attachments: #1 Account Statement)(PXS, COURT STAFF) |
| Filing 16 USCA Case Number 21-35092 for #15 Notice of Appeal filed by Tidiane Kone. Needs certificate of appealability. Date COA denied in DC: 01/25/2021 (BJK, COURT STAFF) |
| Filing 15 NOTICE OF APPEAL (Not Paid) as to #12 Order, by Tidiane Kone. (PXS, COURT STAFF) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Tidiane Kone. (PXS, COURT STAFF) |
| Filing 13 JUDGMENT: The Petition was DISMISSED WITHOUT PREJUDICE. The Court declines to issue a Certificate of Appealability. Any further request for a Certificate of Appealability must also be addressed to the Ninth Circuit Court of Appeals. Signed by Judge James K. Singleton, Jr on 1/25/2021. (SDW, COURT STAFF) |
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Filing 12
ORDER OF DISMISSAL: The Petition is DISMISSED WITHOUT PREJUDICE. All pending motions are DENIED AS MOOT. The Court declines to issue a Certificate of Appealability. Any further request for a Certificate of Appealability must also be addressed to the Ninth Circuit Court of Appeals. The Clerk of Court is respectfully directed to enter final judgment in this case. Signed by Judge James K. Singleton, Jr on 1/25/2021. (SDW, COURT STAFF)
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Filing 11
TEXT ORDER BY JUDGE SINGLETON: The motion at Docket No. #9 is GRANTED. The Clerk of Court is respectfully directed to update the case caption to reflect that Arnaldo Hernandez, Superintendent, Spring Creek Correctional Center, is the proper Respondent. (SDW, COURT STAFF)
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Filing 8
TEXT ORDER BY JUDGE SINGLETON: The motions for additional documents at Docket No. #6 and for the appointment of counsel at Docket No. #7 are DENIED. As this Court explained in its prior Order, in responding to the Order to Show Cause Kone should focus only on the facts surrounding his attempts to raise his claims before the state courts. Specifically, he should answer the following questions as to each claim: 1) When did you attempt to raise each claim to the state courts? (If you attempted to raise the claim more than once, list each time you tried to do so.); and 2) Did anything or anyone prevent you from raising each claim to the state courts? Likewise, if Kone believes that he did not commit the crimes for which he was convicted, he should state facts supporting his actual innocence. (SDW, COURT STAFF)
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| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Tidiane Kone. (Attachments: #1 1, #2 2)(PXS, COURT STAFF) |
| Filing 9 MOTION to Change the Respondent by Tidiane Kone.(PXS, COURT STAFF) |
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Filing 5
ORDER: Petitioner must show cause, on or before February 12, 2021, as to why the Petition should not be dismissed as unexhausted and procedurally defaulted, in accordance with the Order to Show Cause at Docket No. #3 . The Motion for Oral Argument or Court Appoint Counsel at Docket No. #4 is DENIED WITHOUT PREJUDICE. See Order for details. Signed by Judge James K. Singleton, Jr on 1/14/2021. (SDW, COURT STAFF)
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| Filing 7 MOTION to Appoint Counsel by Tidiane Kone.(PXS, COURT STAFF) |
| Filing 6 MOTION for Case Files by Tidiane Kone.(PXS, COURT STAFF) |
| Filing 4 MOTION for Oral Argument or Appoint Counsel by Tidiane Kone.(PXS, COURT STAFF) |
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Filing 3
ORDER TO SHOW CAUSE AND ORDER: Petitioner much show case by 1/29/2021. The Motion for Leave to Proceed in Forma Pauperis, at docket #2 , is GRANTED. Signed by Judge James K. Singleton, Jr on 12/29/20. (JLH, COURT STAFF)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tidiane Kone. (Attachments: #1 Account Statement)(PXS, COURT STAFF) |
| Filing 1 PETITION for Writ of Habeas Corpus 28:2254, filed by Tidiane Kone.(PXS, COURT STAFF) |
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