Hoeck v. Timme et al
| David B. Hoeck |
| Rae Timme and Attorney General of the State of Colorado, The |
| 1:2013cv02575 |
| September 19, 2013 |
| US District Court for the District of Colorado |
| Denver Office |
| Fremont |
| William J Martinez |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 39 Acknowledge of Service re: #36 ORDER Returning State Court Record (angar, ) |
| Filing 38 Return Receipt of Service re: #36 Order Returning State Court Records (angar, ) |
| Filing 37 LETTER from Clerk of Court re: #36 Order Returning State Court Record. (Attachments: #1 USPS Certified Mail Receipt)(cmadr, ) |
Filing 36
ORDER Returning State Court Record, by Judge William J. Martinez on 3/5/2020. (angar, )
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| Filing 35 LETTER Transmitting to US Court of Appeals Vol 1 (parts 1 through 7) of electronic documents for record on appeal as to #27 Notice of Appeal filed by David B. Hoeck. (USCA Case No. 15-1209) (nmarb, ) |
| Filing 34 USCA ORDER DENYING CERTIFICATE OF APPEALABILITY as to #27 Certificate of Appealability filed by David B. Hoeck. Request for COA is DENIED and this appeal DISMISSED. (USCA Case No. 14-1229) (alowe) |
| Filing 33 LETTER Transmitting to US Court of Appeals Volume II - 1 Envelope containing: STATE COURT RECORDS from The Court Services Manager State Court Administrators Office, (1 brown folder, (3) attached CD's in separate manila envelope in the rear of the Folder) as to #27 Notice of Appeal filed by David B. Hoeck. (USCA Case No. 14-1229) (dbrow, ) |
| Filing 32 LETTER TO USCA and all counsel certifying the record is ready for preparation as to #27 Notice of Appeal filed by David B. Hoeck. (Appeal No. 14-1229) Text Only Entry (dbrow, ) |
| Filing 31 LETTER re #27 Certificate of Appealability (construed as a NOTICE OF APPEAL) filed by David B. Hoeck. (USCA Case No. 14-1229) (dbrow, ) |
| Filing 30 USCA Case Number 14-1229 for #27 Notice of Appeal filed by David B. Hoeck. (dbrow, ) |
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Filing 29
ORDER denying Petitioner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. 1915 and Fed. R. App. P. 24 #26 . This Court entered an Order dated April 21, 2014 #22 which dismissed the 2254 Application and denied Petitioner leave to proceed IFP on appeal. (See ECF No. 22, at 44). Accordingly, the Petitioner's Motion is DENIED as MOOT. Petitioner may file his Motion in the Tenth Circuit Court of Appeals. SO ORDERED by Judge William J. Martinez on 06/11/2014. Text Only Entry(wjmsec, )
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| Filing 28 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #27 Certificate of Appealability (construed as a NOTICE OF APPEAL) filed by David B. Hoeck to the U.S. Court of Appeals. (Pro Se, Fee not paid, 1915 motion filed, IFP status on appeal denied in final order,) (Attachments: #1 Docket Sheet, #2 Preliminary Record)(dbrow, ) |
| Filing 27 Certificate of Appealability (construed as a NOTICE OF APPEAL) as to #22 Order,, #25 Order on Motion to Set Aside, #23 Clerk's Judgment, by Petitioner David B. Hoeck. (Attachments: #1 Envelope, #2 Misdirected Notice)(dbrow, ) |
| Filing 26 MOTION for Leave to Proceed on Appeal Under 28 U.S.C. 1915 by Petitioner David B. Hoeck. (dbrow, ) |
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Filing 25
ORDER denying #24 Motion for Relief from Court Order or Judgment filed pro se by Applicant, David B. Hoeck, by Judge William J. Martinez on 5/13/2014.(evana, )
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| Filing 24 MOTION (set aside) For Relief from #23 Clerk's Judgment, by Petitioner David B. Hoeck. (evana, ) |
| Filing 23 FINAL JUDGMENT. re: #22 IT IS ORDERED that the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 #1 , filed by David B. Hoeck, on September 19, 2013, is DENIED and this action is DISMISSED WITH PREJUDICE, by Deborah Hansen, Deputy Clerk on 4/21/2014. (dhans, ) |
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Filing 22
ORDER re: #1 Application for Writ of Habeas Corpus, filed by David B. Hoeck on September 19, 2013, is DENIED and this action is DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith See Coppedge v. United States, 369 U.S. 438 (1962). If Applicant files a notice of appeal he must also pay the full $505 appellate filing fee or file a motion to proceed in forma pauperis in the United States Court of Appeals for the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24., by Judge William J. Martinez on 4/21/2014. (evana, )
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| Filing 21 REPLY to #19 Response to Habeas Petition by Petitioner David B. Hoeck. (evana, ) |
| Filing 20 STATE COURT RECORDS from The Court Services Manager State Court Administrators Office, (1 brown folder, (3) attached CD's in separate manila envelope in the raer of the Folder) Placed in the First Floor Clerk's Office). (evana, ) |
| Filing 19 RESPONSE to #1 Application for Writ of Habeas Corpus, by Attorney General of the State of Colorado, The, Rae Timme.(Fuerst, John) |
| Filing 18 CERTIFICATE of Service by MAIL by Clerk of Court re #17 Order, to Clerk of the Court, Mesa County District Court, P.O. Box. 20000-5030, Grand Junction, CO 81502; and Court Services Manager State Court Administrators Office, 1300 Broadway, Denver, Colorado 80203.. Text Only Entry (evana, ) |
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Filing 17
ORDER for State Court Record proceedings in People v. Hoeck, Mesa County District Court Case No. 07CR1572. It is FURTHER ORDERED that the Clerk of the Court is directed to send copies of this order to the following:(1) Clerk of the Court, Mesa County District Court, P.O. Box. 20000-5030, Grand Junction, Colorado 81502; and (2) Court Services Manager, State Court Administrators Office, 1300 BroadwayDenver, Colorado 80203, by Judge William J. Martinez on 2/3/2014. (evana, )
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Filing 16
ORDER re: #1 Application for Writ of Habeas Corpus, filed by David B. Hoeck. it is ORDERED that the following claims are DISMISSED without prejudice because the claims do not present federal issues cognizable under 28 U.S.C. 2254: (a) the allegations in claim 1 challenging the trial courts failure to suppress the taped conversations between Applicant and his roommate as a violation of the Colorado wiretapping and eavesdropping act; (b) claim 3; and, (c) claim 4. It is FURTHER ORDERED that claims 16 and 17 are DISMISSED with prejudice as procedurally barred. It is FURTHER ORDERED that within thirty days from the date of this Order, Respondents shall file an Answer in compliance with Rule 5 of the Rules Governing Section 2254 Cases that fully addresses the merits of Applicants properly exhausted claims:(a) part of claim 1; (b) claims 2, 5, and 6; (c) part of claim 7; (d) claims 8 and 9; (e) part of claim 10; (f) part of claim 11; (g) part of claim 12; and (h) claims 13, 14 and 15, by Judge William J. Martinez on 2/3/2014. (evana, )
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Filing 15
ORDER REASSIGNING CASE. Case reassigned to Judge William J. Martinez for all further proceedings. Magistrate Judge Boyd N. Boland no longer assigned to case, by Magistrate Judge Boyd N. Boland on 01/29/14. (nmarb, )
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Filing 14
ORDER Assigning Case. This case shall be assigned to District Judge William J. Martinez, by Magistrate Judge Boyd N. Boland on 01/29/14. (nmarb, )
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| Filing 13 Applicant's REPLY to #12 Response, by Petitioner David B. Hoeck. (nmmsl, ) |
| Filing 12 RESPONSE to #6 Order to File Pre-Answer Response by Respondents Attorney General of the State of Colorado, The, Rae Timme. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Fuerst, John) |
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Filing 11
MINUTE ORDER granting #10 Motion for Extension of Time to File Pre-Answer Response by Magistrate Judge Boyd N. Boland on 11/5/13.(dkals, )
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| Filing 10 MOTION for Extension of Time to File Pre-Answer Response by Respondents Attorney General of the State of Colorado, The, Rae Timme. (Fuerst, John) |
| Filing 9 ACCEPTANCE of Service on behalf of Rae Timme - CTCF, on 10/21/13. (nmmsl, ) |
| Filing 8 ACKNOWLEDGEMENT of Service on behalf of John W. Suthers, Attorney General for the State of Colorado on 10/17/13. (nmmsl, ) |
| Filing 7 CERTIFICATE of Service by Clerk of Court re #6 Order for Pre-Answer Response for Service of Process (jofox, ) |
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Filing 6
ORDER To File Pre-Answer Response, by Magistrate Judge Boyd N. Boland on 10/16/13. (nmmsl, )
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| Filing 5 Filing fee: $ 5.00, receipt number 58454. (nmmsl, ) |
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Filing 4
ORDER denying #3 Motion for Leave to Proceed in Forma Pauperis, by Judge Lewis T. Babcock on 9/26/2013.(trlee, )
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| Filing 3 Prisoner's MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Petitioner David B. Hoeck. (jofox, ) Modified on 9/20/2013 to correct docket entry (jofox, ). |
| Filing 2 Case assigned to Magistrate Judge Boyd N. Boland. Text Only Entry. (jofox, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2254, filed by David B. Hoeck. (Attachments: #1 Envelope #1, #2 Envelope #2, #3 Exhibit, #4 Exhibit Part 2, #5 Exhibit Part 3, #6 Exhibit Part 4, #7 Exhibit Part 5)(jofox, ) (Main Document 1 replaced on 9/25/2013) (jofox, ). |
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