Gastelum-Garcia #301370 v. Arizona, State of et al
Petitioner: Ever Gastelum-Garcia
Respondent: Arizona, State of, Mark Brnovich, Attorney General of the State of Arizona and David Shinn
Case Number: 2:2022cv01293
Filed: August 2, 2022
Court: US District Court for the District of Arizona
Presiding Judge: Camille D Bibles (PS)
Referring Judge: Camille D Bibles
2 Judge: Steven P Logan
Nature of Suit: Prisoner: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2022 Filing 10 NOTICE of Appearance by Eric Karl Knobloch on behalf of Arizona, State of, Attorney General of the State of Arizona. (Knobloch, Eric)
September 26, 2022 Filing 9 Notice of Receipt of Electronic Service of Petition for Writ of Habeas Corpus by Arizona Attorney General on 09/23/22. The Attorney General's Office will file a Notice of Appearance within five (5) business days that identifies the respondents that are represented or, in the alternative, will notify the Court if the Attorney General is not able to accept service for and/or represent any of the named respondents. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Nielsen, Jim)
September 23, 2022 Opinion or Order Filing 8 Arizona Attorney General Service Order (2254): Petitioner's Application to Proceed In Forma Pauperis (Doc. #6 ) is granted. The Clerk of Court must serve a copy of the Amended Petition (Doc. #7 ) and this Order on the Respondent(s) and the Attorney General of the State of Arizona by electronic mail pursuant to Rule 4, Rules Governing Section 2254 Cases, and the Memorandum of Understanding between the United States District Clerk of Court for the District of Arizona and the Arizona Attorney General's Office. This matter is referred to Magistrate Judge Camille D. Bibles pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. (See Order for full details.) Signed by Judge Steven P Logan on 9/23/22. (Attachments: #1 Amended 2254 Petition) (SST)
September 6, 2022 Filing 7 AMENDED PETITION for Writ of Habeas Corpus (State/2254) terminating State of Arizona, filed by Ever Gastelum-Garcia.(CLM) (23 pages)
September 6, 2022 Filing 6 APPLICATION for Leave to Proceed In Forma Pauperis by Ever Gastelum-Garcia. (CLM) (2 pages)
August 16, 2022 Opinion or Order Filing 5 ORDER: Petitioner's Application to Proceed In Forma Pauperis (Doc. #2 ) is denied without prejudice. Within 30 days of the date this Order is filed, Petitioner must either pay the $5.00 filing fee or file a complete Application to Proceed In Forma Pauperis. If Petitioner fails to either pay the $5.00 filing fee or file a complete Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner and deny any pending unrelated motions as moot. Petitioner's Petition for Writ of Habeas Corpus (Doc. #1 ) is dismissed without prejudice, with leave to amend. Petitioner has 30 days from the date this Order is filed to file an amended petition. The Clerk of Court must enter a judgment of dismissal without prejudice of this action, without further notice to Petitioner, if Petitioner fails to submit an amended petition on the court-approved form within 30 days from the filing date of this Order and deny any pending unrelated motions as moot. The Clerk of Court must send Petitioner the current court-approved form for filing an Application to Proceed In Forma Pauperis (Habeas) and the court-approved form for filing a "Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody (Non-Death Penalty)." (See Order for full details.) Signed by Judge Steven P Logan on 8/15/22. (Attachments: #1 IFP Form, #2 2254 Petition Form) (SST)
August 2, 2022 Filing 4 NOTICE: This case is subject to electronic filing. Please review the attached documents. (REK)
August 2, 2022 Filing 3 NOTICE OF ASSIGNMENT (REK)
August 2, 2022 Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Ever Gastelum-Garcia. (2 Pages) (REK)
August 2, 2022 Filing 1 PETITION for Writ of Habeas Corpus (State/2254) filed by Ever Gastelum-Garcia. (23 Pages) (REK)

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Petitioner: Ever Gastelum-Garcia
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Respondent: Arizona, State of
Represented By: Eric Karl Knobloch
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Respondent: Mark Brnovich
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Respondent: Attorney General of the State of Arizona
Represented By: Eric Karl Knobloch
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Respondent: David Shinn
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