Garner v. Gutierrez
| Steve J Garner |
| M Gutierrez |
| 4:2023cv00064 |
| February 3, 2023 |
| 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 February 23, 2023. 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 February 23, 2023, Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U. S. C. 2241 is denied. Petitioner to take nothing and this action is hereby dismissed. (MYE) |
Filing 5
ORDER: Petitioner's Petition Under 28 U.S.C. 2241 (Doc. 1) is denied. 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. Pursuant to Rule 11(a) of the Rules Governing Section 2255 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. Signed by Judge Rosemary Marquez on 2/22/23. (MYE)
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| Filing 4 Filing fee: $5.00, receipt number 400000702. PAID IN FULL. (JAM) |
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Filing 3
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 and deny any pending unrelated motions as moot. The Clerk of Court must mail Petitioner a court-approved form for filing an Application to Proceed In Forma Pauperis (Habeas). Signed by Judge Rosemary Marquez on 2/6/23. (MYE)
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| Filing 2 NOTICE OF ASSIGNMENT (MCO) |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241) filed by Steve J Garner. (36 pages) (Attachments: #1 Exhibit, #2 Envelope)(MCO) |
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| Petitioner: Steve J Garner | |
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| Respondent: M Gutierrez | |
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