Benavidez v. High Hawk et al
Petitioner: Jose K Benavidez
Respondent: Tad High Hawk and Thomas Moquino
Case Number: 1:2018cv02640
Filed: October 16, 2018
Court: US District Court for the District of Colorado
Presiding Judge: Lewis T Babcock
Referring Judge: Gordon P Gallagher
Nature of Suit: Habeas Corpus (General)
Cause of Action: 25 U.S.C. ยง 1303
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 13, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2018 Opinion or Order Filing 19 ORDER DISMISSING CASE re #18 Stipulation of Dismissal. ORDERED that this matter shall be DISMISSED, each party to pay their own fees and costs. All pending motions are denied as moot. By Judge Lewis T. Babcock on 11/13/2018. (athom, )
November 8, 2018 Filing 18 NOTICE of Voluntary Dismissal of Case Stipulation by Petitioner Jose K Benavidez (Creel, Barbara)
November 8, 2018 Filing 17 RESPONSE to #5 Order, by Respondent Thomas Moquino. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kiersnowski, Cynthia)
November 8, 2018 Filing 16 NOTICE of Entry of Appearance by Cynthia A. Kiersnowski on behalf of Thomas MoquinoAttorney Cynthia A. Kiersnowski added to party Thomas Moquino(pty:res) (Kiersnowski, Cynthia)
November 5, 2018 Filing 15 RECEIPT for Certified Mail, Green Card returned on the United States Attorney General, Washington, DC on 10/29/2018, re: #7 Certificate of Service (evana, )
November 5, 2018 Filing 14 MOTION to Expedite Immediate Release, MOTION to Stay re #5 Order, Execution of Sentence pending Review by Petitioner Jose K Benavidez. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - AILC Tribal Court Assessment Excerpt)(Creel, Barbara)
October 30, 2018 Opinion or Order Filing 11 MINUTE ORDER Counsel, on behalf of Defendant, entered an executed Summons electronically and noted in the text of the entry in ECF No. #9 that an answer is due November 13, 2018. The Court notes that an Order to File Preliminary Response, ECF No. #5 , was entered by the Court on October 18, 2018, and a response to this Order is due November 8, 2018. At this time an answer to the Application is premature until the Court has received and reviewed a Preliminary Response by Respondents, by Magistrate Judge Gordon P. Gallagher on 10/30/2018. (evana, )
October 30, 2018 Filing 10 NOTICE of Entry of Appearance Law Student Appearance of Lydia Pizzonia by Barbara Louise Creel on behalf of Jose K Benavidez (Creel, Barbara)
October 30, 2018 Filing 9 SUMMONS Returned Executed by Jose K Benavidez. Thomas Moquino served on 10/23/2018, answer due 11/13/2018. (Creel, Barbara)
October 29, 2018 Filing 13 RECEIPT for Certified Mail, Green Card served on Tad High Hawk re: #7 Certificate of Service (evana, )
October 29, 2018 Filing 12 RECEIPT for Certified Mail, Green Card served on Thomas Moquino, re: #7 Certificate of Service (evana, )
October 23, 2018 Filing 8 ACKNOWLEDGMENT of Service of Order to file Preliminary Response upon United States Attorney's Office for the District of Colorado on 10/12/2018 (evana, )
October 22, 2018 Filing 7 CERTIFICATE of Service by Clerk of Court re #1 Application for Writ of Habeas Corpus,, #5 Order to File Preliminary Response for Service of Process. (Attachments: #1 USPS Certified Receipts) (dbera, )
October 19, 2018 Filing 6 SUMMONS issued by Clerk. (sphil, )
October 18, 2018 Opinion or Order Filing 5 ORDER TO FILE PRELIMINARY RESPONSE within twenty-one days from the date of this Order Respondent shall file a Preliminary Response that complies with this Order. It is FURTHER ORDERED that within twenty-one days of the filing of the Preliminary Response, by Magistrate Judge Gordon P. Gallagher on 10/18/2018. (evana, )
October 18, 2018 Filing 4 SUMMONS REQUEST as to Thomas Moquino re #1 Application for Writ of Habeas Corpus,, by Petitioner Jose K Benavidez. (Creel, Barbara)
October 18, 2018 Filing 3 NOTICE of Entry of Appearance Law Student Appearance Form by Barbara Louise Creel on behalf of Jose K Benavidez (Creel, Barbara)
October 16, 2018 Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (rvill, )
October 16, 2018 Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 25 USC 1303 (Filing fee $ 5, Receipt Number 1082-6346663)Attorney Barbara Louise Creel added to party Jose K Benavidez(pty:pet), filed by Jose K Benavidez. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet and Attachment, #2 Exhibit 1 Declaration, #3 Exhibit 2 Coriz Declaration, #4 Exhibit 3 Advisement of Rights, #5 Exhibit 4 Arraignment/Judgement, #6 Exhibit 5 Website Charges, #7 Exhibit 6 NMLA Letter, #8 Exhibit 7 Facebook Messages, #9 Exhibit 8 NMLA Letter 2, #10 Exhibit 9 Inmate Request, #11 Exhibit 10 Restraining Order, #12 Exhibit 11 Complaint)(Creel, Barbara) Modified to correct text on 10/16/2018 (rvill, ).

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Respondent: Tad High Hawk
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Respondent: Thomas Moquino
Represented By: Cynthia A. Kiersnowski
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Petitioner: Jose K Benavidez
Represented By: Barbara Louise Creel
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