Welch v. Mascher et al
Ryan William Welch |
Joshua Fisher, Scott Mascher and John Napper |
3:2020cv08184 |
July 22, 2020 |
US District Court for the District of Arizona |
Michelle H Burns (PS) |
David G Campbell |
Prisoner: Habeas Corpus (General) |
28 U.S.C. ยง 2241 |
None |
Docket Report
This docket was last retrieved on August 14, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 6 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed August 14, 2020, Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U. S. C. 2241 and this case are dismissed. Although Petitioner has brought his claims in a 2241 petition, a certificate of appealability is required where a 2241 petition attacks the petitioner's conviction or sentence. See Porter v. Adams, 244 F.3d 1006, 1007 (9th. Cir. 2001). Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Movant files an appeal, 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). (WLP) |
Filing 5 ORDER - IT IS ORDERED: (1) Petitioner's Petition Under 28 U.S.C. 2241 (Doc. #1 ) and this case are dismissed. (2) The Clerk of Court must enter judgment accordingly and close this case. (3) Although Petitioner has brought his claims in a 2241 petition, a certificate of appealability is required where a 2241 petition attacks the petitioner's conviction or sentence. See Porter v. Adams, 244 F.3d 1006, 1007 (9th. Cir. 2001). Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Movant files an appeal, 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). See document for complete details. Signed by Senior Judge David G Campbell on 8/14/2020. (WLP) |
Filing 4 Filing fee: $ 5.00, receipt number PHX221584. (CLB) |
Filing 3 ORDER - IT IS ORDERED: (1) 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. (2) 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. (3) The Clerk of Court must mail Petitioner a court-approved form for filing an Application to Proceed In Forma Pauperis (Habeas). See document for complete details. Signed by Senior Judge David G Campbell on 7/29/2020. (WLP) |
Filing 2 NOTICE OF ASSIGNMENT (WLP) |
Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241) filed by Ryan William Welch. (18 pages) (Attachments: #1 envelope)(WLP) (Additional attachment(s) added on 8/13/2020: #2 Complete Version (19 Pages)) (MAP). *Modified to add corrected version of petition on 8/13/2020 (MAP). |
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