Duke #060858 v. Thornell
Petitioner: Brent Fitzgerald Duke
Respondent: Ryan Thornell and Office of the Attorney General for the State of Arizona
Case Number: 3:2023cv08616
Filed: November 27, 2023
Court: US District Court for the District of Arizona
Presiding Judge: James F Metcalf (PS)
Referring Judge: John J Tuchi
Nature of Suit: Prisoner: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2024 Filing 22 MOTION for Leave to Grant a Stay of Mandate Pending Application for Certiorari by Brent Fitzgerald Duke. (5 pages) (WLP)
January 23, 2024 Filing 21 MOTION for Leave to Grant Notice of Telephonic Hearing Deduction Trust Account (Expedited Order) by Brent Fitzgerald Duke. (14 pages) (WLP)
January 23, 2024 Filing 20 MOTION for Telephonic Hearing by Brent Fitzgerald Duke. (4 pages) (WLP)
January 23, 2024 Filing 19 MOTION for Leave to Grant Sentence Hearing Documentary and Physical Evidence by Brent Fitzgerald Duke. (19 pages) (WLP)
January 18, 2024 Filing 18 AMENDED PETITION for Writ of Habeas Corpus (State/2254) filed by Brent Fitzgerald Duke. (11 pages) (WLP)
January 16, 2024 Filing 17 NOTICE of Removal Under Hatch Act by Brent Fitzgerald Duke. (5 pages) (WLP)
January 16, 2024 Filing 16 MOTION for Leave to Grant a Motion to Reconsider Notice of Removal and or Hatch Act denial without Prejudice by Brent Fitzgerald Duke. (6 pages) (WLP)
January 16, 2024 Filing 15 MOTION for Leave to Grant Reference to Excerpts of Record (Appendix) by Brent Fitzgerald Duke. (14 pages) (WLP)
January 16, 2024 Filing 14 MOTION to Appoint Counsel (titled "Motion for Leave to Grant Appointment of Counsel") by Brent Fitzgerald Duke. (13 pages) (WLP)
January 9, 2024 Opinion or Order Filing 13 ORDER - Petitioner's pending Motions (Docs. #7 , #8 , #9 , #10 , and #11 ) are denied without prejudice. The deadlines in the December 18, 2023 Order remain in effect. See document for complete details. Signed by Judge John J Tuchi on 1/9/2024. (WLP)
December 28, 2023 Filing 12 RESPONSE to Respondents' Emergency Motion by Petitioner Brent Fitzgerald Duke. (4 Pages) (REK)
December 28, 2023 Filing 11 MOTION/Petition for Writ of Habeas Corpus ad testificandum by Brent Fitzgerald Duke. (8 Pages) (Attachments: #1 Redline Copy of Writ of Habeas Corpus Ad Testificandum)(REK)
December 28, 2023 Filing 10 MOTION for Leave to Grant Notice of Removal and/or Hatch Act Reply by Brent Fitzgerald Duke. (6 Pages) (REK)
December 28, 2023 Filing 9 MOTION to Appoint Counsel (Titled: Motion for Leave to Grant Appointment of Counsel) by Brent Fitzgerald Duke. (13 Pages) (REK)
December 19, 2023 Filing 8 MOTION for Leave to Grant US Consumer Financial Protection Bureau Investigation Illegal Covid-19 Tax Rebate by Brent Fitzgerald Duke. (18 pages) (WLP)
December 19, 2023 Filing 7 MOTION for Leave to Grant Civil Bench Trial Transcripts by Brent Fitzgerald Duke. (26 pages) (WLP)
December 19, 2023 Filing 6 NOTICE OF PARTY'S CHANGE OF ADDRESS: #060858, TUCSON-AZ-TUCSON-ASPC-CIMARRON UNIT, P.O. BOX 24409, TUCSON, AZ 85734 by Brent Fitzgerald Duke:. (3 pages) (WLP)
December 18, 2023 Opinion or Order Filing 5 ORDER - 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. Petitioner's Petition for a Writ of Habeas Corpus and Writ of Mandamus (Doc. #1 ), which the Court construes as a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254, is dismissed with leave to amend. Petitioner has 30 days from the date of filing of this Order to file an amended 2254 petition in compliance with this Order. If Petitioner fails to file an amended petition 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. The Clerk of Court must mail Petitioner the current 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)" and the current court-approved form for filing an Application to Proceed In Forma Pauperis (Habeas). See document for complete details. Signed by Judge John J Tuchi on 12/18/2023. (WLP)
December 15, 2023 Filing 4 NOTICE of Appearance by Jim D Nielsen on behalf of Ryan Thornell, Office of the Attorney General for the State of Arizona. (Nielsen, Jim)
November 29, 2023 Filing 3 NOTICE: This case is subject to electronic filing. Please review the attached documents. (CSL)
November 27, 2023 Filing 2 NOTICE OF ASSIGNMENT (CSL)
November 27, 2023 Filing 1 PETITION for Writ of Habeas Corpus (State/2254) filed by Brent Fitzgerald Duke. (269 Pages and Envelope) (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Envelope)(CSL)

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Petitioner: Brent Fitzgerald Duke
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Respondent: Ryan Thornell
Represented By: Jim D Nielsen
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Respondent: Office of the Attorney General for the State of Arizona
Represented By: Jim D Nielsen
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