Duran v. Gutierrez
| M Gutierrez |
| Michael A Duran |
| 4:2022cv00538 |
| December 5, 2022 |
| US District Court for the District of Arizona |
| Eric J Markovich (PS) |
| Rosemary Marquez |
| 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 January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ORDER of USCA re: #7 Notice of Appeal filed by Michael A Duran. The request for a certificate of appealability is denied as unnecessary. A review of this court's docket reflects that the filing and docketing fees for this appeal are due. Within 21 days of the filing date of this order, appellant must either pay to district court, $505 filing and docketing fees for this appeal and file in this court proof of such payment, or file in this court a Form 4 Motion and Affidavit for Permission to Proceed in Forma Pauperis. (See attached PDF for complete information). (Distributed by the 9th Circuit) (BAC)
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Filing 10
ORDER that Petitioner's Motion to Appoint Counsel and Motion for Emergency Adjudication (Doc. #5 ) is denied as moot. This case must remain closed. Signed by Judge Rosemary Marquez on 1/9/2023. (MCO)
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| Filing 9 USCA Case Number re: #7 Notice of Appeal. Case number 22-17004, Ninth Circuit. (Copies distributed by the Ninth Circuit) (DLC) |
| Filing 8 Filing fee: $5.00, receipt number 400000589. PAID IN FULL. (SCA) |
| Filing 7 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #3 Order, #4 Clerk's Judgment by Michael A Duran. (BAC) |
| Filing 6 Mail Returned as Undeliverable. Mail sent to Michael A Duran. Reason for return: Incorrect address on envelope. Document number #2 . (MCO) |
| Filing 5 MOTION to Appoint Counsel, MOTION Emergency Adjudication by Michael A Duran. (10 pages) (Attachments: #1 Exhibit)(MCO) |
| Filing 4 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed 12/13/2022 the complaint and action are dismissed. (MCO) |
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Filing 3
ORDER DISMISSING CASE Petitioner's Petition Under 28 U.S.C. 2241 (Doc. 1) and this case are dismissed. The Clerk of Court must enter judgment accordingly and close this case. 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. 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. The Clerk of Court must mail to Petitioner the court-approved form for filing a civil rights Complaint and the court-approved form for filing an Application to Proceed In Forma Pauperis. Signed by Judge Rosemary Marquez on 12/12/2022. (MCO)
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| Filing 2 NOTICE OF ASSIGNMENT (BAC) |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241) filed by Michael A Duran. (9 pages) (Attachments: #1 Envelope)(BAC) |
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| Petitioner: Michael A Duran | |
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| Defendant: M Gutierrez | |
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