Harris v. Penzone et al
| Jason Lee Harris |
| Paul Penzone and Mark Brnovich |
| 2:2022cv01571 |
| September 16, 2022 |
| US District Court for the District of Arizona |
| Michelle H Burns (PS) |
| John J Tuchi |
| Prisoner: Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on November 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed November 3, 2022, Petitioners Petition for Writ of Habeas Corpus pursuant to 28 U. S. C. 2241 is dismissed without prejudice. (WLP) |
Filing 8
ORDER - Petitioner's Application to Proceed In Forma Pauperis (Doc. #2 ) is granted. Petitioner's 2241 Petition for Habeas Corpus (Doc. #1 ) and this case are dismissed without prejudice. Petitioner's motions for an evidentiary hearing (Doc. #5 ), to supplement his motion for evidentiary hearing (Doc. #6 ), and motion for discharge from custody (Doc. #7 ) are denied as moot. The Clerk of Court must enter judgment accordingly and close this case. To the extent Petitioner challenges detention arising out of process issued by a State court, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000); Wilson v. Belleque, 554 F.3d 816, 825 (9th Cir. 2009) ("a state prisoner who is proceeding under 2241 must obtain a COA under 2253(c)(1)(A) in order to challenge process issued by a state court"). See document for complete details. Signed by Judge John J Tuchi on 11/2/2022. (WLP)
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| Filing 7 MOTION for Discharge from Custody of Respondent by Jason Lee Harris. (30 pages) (WLP) |
| Filing 6 MOTION to Supplement #5 Motion for Evidentiary Hearing by Jason Lee Harris. (24 pages) (WLP) Modified to correct file date on 10/18/2022 (WLP). |
| Filing 5 MOTION for Evidentiary Hearing by Jason Lee Harris. (CLM) (7 pages) |
| Filing 4 NOTICE OF ASSIGNMENT (WLP) |
| Filing 3 Prisoner Trust Fund Account Statement by Jason Lee Harris. (1 page) (WLP) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Jason Lee Harris. (3 pages) (WLP) |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241) filed by Jason Lee Harris. (Attachments: #1 Envelope) (116 pages) (WLP) |
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