Elem #086747 v. Ducey et al
| Henry Elem, III |
| Unknown McCullan, Unknown Buchholz, Teresa Leonard, Doug Ducey, Dexter Jones, Margaret Smith, Unknown Rogers, David Shinn, Unknown Garcia, Mark Brnovich, Parole Board Chairmen, Unknown Ping, Unknown Godlevsky, Stephen Morris and Unknown Miller |
| 4:2020cv00424 |
| October 5, 2020 |
| US District Court for the District of Arizona |
| Jacqueline M Rateau (PS) |
| James A Soto |
| Prisoner: Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 11 MOTION for Reconsideration re: #9 Order by Henry Elem, III. (9 pages) (Attachments: #1 Exhibit)(MYE) |
| Filing 10 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed November 25, 2020, Petitioner's Amended Petition for Writ of Habeas Corpus pursuant to 28 U. S. C. 2254 is denied. Petitioner to take nothing and this action is hereby dismissed without prejudice. (MYE) |
Filing 9
ORDERED The Amended 2254 Petition (Doc. 7) and this action are dismissed without prejudice, and the Clerk of Court must enter judgment accordingly. The Clerk of Court must provide Petitioner with a copy of the form recommended by the Ninth Circuit Court of Appeals for filing an Application for Leave to File Second or Successive Petition Under 28 U.S.C. 2254 or Motion Under 28 U.S.C. 2255. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner 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). Signed by Judge James A Soto on 11/24/20. (MYE)
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| Filing 8 Filing fee: $ 5.00, receipt number TUC032557. (MYE) |
| Filing 7 AMENDED PETITION for Writ of Habeas Corpus (State/2254) filed by Henry Elem, III. (183 pages) (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit E- Part 2, #10 Exhibit F, #11 Exhibit F- Part 2, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I, #15 Exhibit J, #16 Exhibit J- Part 2)(BAC) |
| Filing 6 Party agrees to Magistrate Judge Jurisdiction in Habeas Case. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) |
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Filing 5
ORDERED Petitioner's Application to Proceed In Forma Pauperis (Doc. #2 ) is denied. Within 30 days of the date this Order is filed, Petitioner must pay the $5.00 filing fee. If Petitioner fails to pay the $5.00 filing fee, 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 Seeking 'Judicial Review' Along With 'Executive Branch Administrative Review' Due to Contradictory Issues Arising from 'Constitutional Law' and 'Statutory Construction' " (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. Signed by Judge James A Soto on 10/23/20. (MYE)
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| Filing 4 NOTICE: This case is subject to General Order 14-17, which supersedes General Order 14-14. Please see attached Order and Notice. (Attachments: #1 Instructions)(MYE) |
| Filing 3 NOTICE OF ASSIGNMENT (MYE) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Henry Elem, III. (2 pages) (MYE) |
| Filing 1 PETITION for Writ of Habeas Corpus (State/2254) filed by Henry Elem, III. (161 pages) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(MYE) |
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