Martinez v. Koenig
| DEREK MARTINEZ |
| LUIS MARTINEZ and CRAIG KOENIG |
| 22-858 |
| May 11, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER FILED. Consuelo M. CALLAHAN, Bridget S. BADE, Daniel A. BRESS The Application for Permission to File a Second or Successive Habeas Corpus Petition is DENIED. (See order for full text) [Entered: 08/17/2023 11:16 AM]
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| Filing 42 SUBMITTED ON THE BRIEFS to Consuelo M. CALLAHAN, Bridget S. BADE, Daniel A. BRESS. [Entered: 08/16/2023 02:17 PM] |
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Filing 41
ORDER FILED. The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted on the briefs and record, without oral argument, on August 16, 2023, in San Francisco, California. See Fed. R. App. P. 34(a)(2). [Entered: 07/31/2023 11:40 AM]
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| Filing 40 NOTICE OF ORAL ARGUMENT on Wednesday, August 16, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may appear in person at the Courthouse or remotely by video. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you at least two weeks before the argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [Entered: 06/05/2023 02:18 PM] |
| Filing 39 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for August 2023 and the 2 subsequent sitting months in that location at #http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on either of the dates, please file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. [22-858] [Entered: 05/04/2023 03:01 PM] |
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Filing 36
ORDER FILED. The applicants motion (Docket Entry No. 29) for leave to file a motion in excess of the page limit is denied as unnecessary. Ninth Circuit Rule 22-3, which governs applications for authorization to file second or successive 28 U.S.C. 2254 habeas petitions, does not contain a page limit. Briefing is now complete. This case will be placed on the next available calendar. [Entered: 04/26/2023 10:38 AM]
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| Filing 38 Reply to Response to Application for Leave to File Second or Successive 2254 Petition or 2255 Motion. [COURT ENTERED FILING to correct DE35.] [Entered: 05/03/2023 11:27 AM] [Edited: 05/03/2023 11:33 AM] |
| Filing 35 DEFECTIVE---REPLY to Response to Motion to File Supplemental Brief (DE 32) filed by Petitioner Derek Martinez. [Wrong filing type used, correct entry is DE38.] [Entered: 03/30/2023 11:29 AM] [Edited: 05/03/2023 11:34 AM] |
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Filing 34
ORDER FILED. The applicants unopposed motion (Docket Entry No. 33) for an extension of time to file a reply is granted. The optional reply brief is now due on March 30, 2023. [Entered: 03/17/2023 12:56 PM]
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| Filing 33 MOTION to extend time to to file reply brief filed by Petitioner Derek Martinez. [Entered: 03/14/2023 08:50 AM] |
| Filing 37 Response to Application for Leave to File Second or Successive 2254 Petition or 2255 Motion [COURT ENTERED FILING to correct DE32.] [Entered: 05/03/2023 11:22 AM] [Edited: 05/03/2023 11:29 AM] |
| Filing 32 DEFECTIVE---RESPONSE to Motion to File Supplemental Brief (DE 30) filed by Respondent Luis Martinez. [Wrong filing type used, correct entry is DE37.] [Entered: 03/01/2023 09:31 AM] [Edited: 05/03/2023 11:31 AM] |
| Filing 31 Supplement to Application for Leave to File Second or Successive 2254 Petition or 2255 Motion. [Entered: 02/22/2023 04:45 PM] |
| Filing 30 DEFECTIVE---MOTION to file supplemental brief filed by Petitioner Derek Martinez. Filed uder the wrong event. Correct entry#31 [Entered: 02/21/2023 03:32 PM] [Edited: 02/22/2023 04:47 PM] |
| Filing 29 MOTION to file oversized brief filed by Petitioner Derek Martinez. [Entered: 02/21/2023 03:27 PM] |
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Filing 28
ORDER FILED. The applicants unopposed motion (Docket Entry No. 27) for a third extension of time to file a supplemental application for authorization to file a second or successive 28 U.S.C. 2254 habeas petition is granted. The supplemental application is now due on February 21, 2023. Within 21 days after service of the supplemental application, the respondent must file a response. The applicant may file a reply within 14 days after service of the response. [Entered: 02/06/2023 02:40 PM]
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| Filing 27 MOTION to extend time to file supplemental brief filed by Petitioner Derek Martinez. [Entered: 02/03/2023 10:48 AM] |
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Filing 26
ORDER FILED. The applicants unopposed motion (Docket Entry No. 25) for a second extension of time to file a supplemental application for authorization to file a second or successive 28 U.S.C. 2254 habeas petition is granted. The supplemental application is now due on February 6, 2023. Within 21 days after service of the supplemental application, the respondent must file a response. The applicant may file a reply within 14 days after service of the response. [Entered: 01/05/2023 01:31 PM]
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| Filing 25 MOTION to extend time to file supplemental brief filed by Petitioner Derek Martinez. [Entered: 01/03/2023 08:26 AM] |
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Filing 24
ORDER FILED. The applicants unopposed motion (Docket Entry No. 23) for an extension of time to file a supplemental application for authorization to file a second or successive 28 U.S.C. 2254 habeas petition is granted. The supplemental application is now due on January 5, 2023. Within 21 days after service of the supplemental application, the respondent must file a response. The applicant may file a reply within 14 days after service of the response. [Entered: 12/02/2022 01:15 PM]
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| Filing 23 MOTION to extend time to file supplemental brief filed by Petitioner Derek Martinez. [Entered: 11/30/2022 06:06 PM] |
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Filing 22
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 21) denied. Extension is not allowed pursuant to CR 31-2.2. The filer must file a motion per 9th Cir. R. 31-2.2(b). [Entered: 11/16/2022 04:40 PM]
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| Filing 21 STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Derek Martinez. [Entered: 11/16/2022 03:11 PM] |
| Filing 20 ADDED Counsel for Petitioner Jennifer Mikaere Sheetz for Petitioner Derek Martinez. [Entered: 11/02/2022 12:15 PM] |
| Filing 19 CJA Counsel Appointment [Entered: 11/02/2022 10:10 AM] |
| Filing 18 TERMINATED participation of Counsel for Respondent Tami M. Krenzin representing Respondent Luis Martinez. [Entered: 10/25/2022 02:01 PM] |
| Filing 17 ADDED Counsel for Respondent David Andrew Eldridge for Respondent Luis Martinez. [Entered: 10/25/2022 01:59 PM] |
| Filing 16 NOTICE OF APPEARANCE by David Andrew Eldridge for Luis Martinez replacing Tami M. Krenzin. [Entered: 10/25/2022 01:03 PM] |
| Filing 15 FINANCIAL AFFIDAVIT in support or request for attorney, expert, or other court services without payment of fee (CJA Form 23) filed by Petitioner Derek Martinez. [Entered: 10/24/2022 11:19 AM] |
| Filing 14 ADDED Counsel for Respondent Tami M. Krenzin for Respondent Luis Martinez. [Entered: 10/14/2022 01:57 PM] |
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Filing 13
ORDER FILED. SILVERMAN, GRABER, and BENNETT, Circuit Judges. The application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition in the district court, as supplemented by Docket Entry Nos. 2-6, raises issues that warrant further briefing. The applicants motion for appointment of counsel (included in Docket Entry No. 1) is granted conditionally, subject to the applicant filing a completed CJA Form 23 financial affidavit within 21 days after the filing date of this order. If the applicant timely submits a completed CJA Form 23 showing indigency, the appointment will continue without further order of the court. The court by this order expresses no opinion as to the merits of the application. The Clerk will electronically serve this order on the appointing authority for the Eastern District of California, who will locate appointed counsel. The appointing authority is directed to send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9.uscourts.gov within 14 days of locating counsel. Within 49 days after the date of this order, counsel must file a supplemental application for authorization to file a second or successive section 2254 petition. The supplemental application must address whether any new evidence warrants authorization to file a second or successive 2254 petition. Within 21 days after service of the supplemental application, respondent must file a response. The applicant may file a reply within 14 days after service of the response. The Clerk will serve a CJA Form 23 on the applicant individually. New appointed counsel must ensure that the Form is properly submitted to the court. The Clerk will add to the docket and serve an electronic copy of this order, the application filed at Docket Entry No. 1, and the supplemental filings at Docket Entry Nos. 2, 3, 4, 5, and 6 on Tami M. Krenzin, Supervising Deputy Attorney General, Office of the Attorney General, State of California, 1300 I Street, Suite 1101, Sacramento, CA 95814. [Entered: 10/14/2022 01:55 PM]
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| Filing 12 TERMINATED participation of Respondent Craig Koenig, Warden. Substituted by Luis Martinez, Acting Warden. [Entered: 08/04/2022 11:04:00 AM] [Edited: 08/04/2022 11:07:00 AM] |
| Filing 11 ADDED Respondent Luis Martinez, Acting Warden. [Entered: 08/04/2022 11:01:00 AM] |
| Filing 10 DOCUMENT SENT. Public docket sheet sent to Derek Martinez at the address provided on request. [Entered: 08/03/2022 05:22:00 PM] |
| Filing 9 REQUEST FOR PUBLIC INFORMATION AND CORRESPONENCE RE NEW WARDEN filed by Petitioner [Entered: 08/02/2022 10:19:37 AM] [Court update: docket updated to show new warden as respondent, 8/4/2022] [Edited: 08/04/2022 11:30:00 AM] |
| Filing 8 SOS DOCKETING NOTICE. Application for Permission to File a Second or Successive Habeas Corpus Petition has been opened and assigned the Ninth Circuit case number 22-858. All subsequent correspondence regarding this matter will be added to your file to be considered at the same time the cause is brought before the court. The case number and the title of your case should be shown in the upper right corner of any correspondence to the clerk's office, and should be directed to the above address pursuant to Circuit Rule 25-1. [Entered: 05/11/2022 01:21:00 PM] |
| Filing 7 CASE OPENED. Application for Leave to File Second or Successive 2254 Petition has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 5/11/2022. The U.S. Court of Appeals docket number 22-858 has been assigned to this case. [Entered: 05/11/2022 01:19:00 PM] |
| Filing 6 Exhibit to 2254 Petition. [Entered: 05/11/2022 01:06:00 PM] COURT UPDATE: Resent NDA to Respondent's Councel per DE 13. [Edited: 10/14/2022 02:05 PM] |
| Filing 5 Exhibit to 2254 Petition. [Entered: 05/11/2022 01:06:00 PM] COURT UPDATE: Resent NDA to Respondent's Councel per DE 13. [Edited: 10/14/2022 02:04 PM] |
| Filing 4 Exhibit to 2254 Petition. [Entered: 05/11/2022 01:05:00 PM] COURT UPDATE: Resent NDA to Respondent's Councel per DE 13. [Edited: 10/14/2022 02:04 PM] |
| Filing 3 Exhibit to 2254 Petition. [Entered: 05/11/2022 01:04:00 PM] COURT UPDATE: Resent NDA to Respondent's Councel per DE 13. [Edited: 10/14/2022 02:04 PM] |
| Filing 2 Exhibit to 2254 Petition. [Entered: 05/11/2022 01:03:00 PM] COURT UPDATE: Resent NDA to Respondent's Councel per DE 13. [Edited: 10/14/2022 02:03 PM] |
| Filing 1 Application for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 05/11/2022 01:02:00 PM] COURT UPDATE: Resent NDA to Respondent's Councel per DE 13. [Edited: 10/14/2022 02:03 PM] |
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