Tenorio v. High Hawk et al.
| Delano Tenorio |
| Tad High Hawk and Thomas Moquino |
| 1:2018cv02744 |
| October 26, 2018 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Gordon P Gallagher |
| Habeas Corpus (General) |
| 25 U.S.C. ยง 1303 |
| None |
Docket Report
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| Filing 19 REVISED JUDGMENT by Clerk in favor of Tad High Hawk, Thomas Moquino against Delano Tenorio re: #18 accordance with the Memorandum Opinion and Revised Order of Dismissal entered by Lewis T. Babcock, Senior District Judge, on November 29, 2018, by Clerk on 11/29/2018. (evana, ) |
Filing 18
MEMORANDUM OPINION AND REVISED ORDER OF DISMISSAL that the Notice of Filing Amended Petition Under Fed. R. Civ. P. 15(a)(1) and First Amended Petition for Writ of Habeas Corpus for Relief from a Tribal Court Conviction and Banishment Pursuant to 25 U.S.C. 1303 (ECF Nos. #14 and [14-1]), together with this entire action, are dismissed without prejudice based on jurisdictional and venue defects. That no certificate of appealability will issue because jurists of reason would not debate the correctness of this procedural ruling and Petitioner has not made a substantial showing of the denial of a constitutional right. IFP on Appeal is Denied, by Judge Lewis T. Babcock on 11/29/2018. (evana, )
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| Filing 17 JUDGMENT by Clerk re: #16 Order of Dismissal. (athom, ) |
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Filing 16
ORDER OF DISMISSAL. ORDERED that the Notice of Filing Amended Petition Under Fed. R. Civ. P. 15(a)(1) and First Amended Petition for Writ of Habeas Corpus for Relief from a Tribal Court Conviction and Banishment Pursuant to 25 U.S.C. 1303 (ECF Nos. #14 and 14-1), together with this entire action, are dismissed without prejudice based on jurisdictional and venue defects. No certificate of appealability will issue. IFP on Appeal is denied. By Judge Lewis T. Babcock on 11/28/2018. (athom, )
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| Filing 15 ACKNOWLEDGMENT of Service of Order to file Preliminary Response and Application for Writ of Habeas Corpus upon the United States Attorney's Office for the State of Colorado on 11/21/2018 (evana, ) |
| Filing 14 NOTICE of Filing Amended Pleading re #1 Application for Writ of Habeas Corpus, #10 Amended Application for Writ of Habeas Corpus, by Petitioner Delano Tenorio (Attachments: #1 Exhibit 1 - Amendments Underlined)(Creel, Barbara) |
| Filing 13 RESPONSE to #5 Order,,, to File Preliminary Response by Respondent Tad High HawkAttorney Lauren Marie Dickey added to party Tad High Hawk(pty:res). (Dickey, Lauren) |
| Filing 12 ANSWER to Complaint by Thomas Moquino. (Attachments: #1 Exhibit 1)(Kiersnowski, Cynthia) |
| Filing 11 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) |
| Filing 10 First AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 25 U.S.C. 1303 , filed by Delano Tenorio. (Attachments: #1 Exhibit 1 Declaration Tenorio, #2 Exhibit 2 Arraignment and Jmt, #3 Exhibit 3 Arraignment and Jmt 2, #4 Exhibit 4 Order Vacating, #5 Exhibit 5 Kinnery Affidavit, #6 Exhibit 6-AILC Excerpt)(Creel, Barbara) |
| Filing 9 Certified Mail RECEIPT for service upon United States Attorney Genral on 11/05/2018 re: #6 Certificate of Service. (athom, ) |
| Filing 8 RECEIPT Green Card Return for Certified Mail re: #6 Certificate of Service for Order to File Preliminary Response and an Application for Writ of Habeas Corpus by Respondent Tad High Hawk (evana, ) |
| Filing 7 RECEIPT for Green Card returned for Certified mail re: #6 Certificate of Service on Mr Thomas Moquino (evana, ) |
| Filing 6 CERTIFICATE of Service by Clerk of Court re #1 Application for Writ of Habeas Corpus Pursuant to 28 USC 2241 25 USC 1303, #5 Order to File Preliminary Response for Service of Process (Attachments: #1 USPS Certified Mail Receipt) (rroge, ) |
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Filing 5
ORDER TO FILE PRELIMINARY RESPONSE within twenty-one (21) days from the date of this Order Respondents shall file a Preliminary Response that complies with this Order. that within twenty-one (21) days of the filing of a Preliminary Response, Petitioner may file a Reply, if he desires. It is FURTHER ORDERED that if Respondents do not intend to raise the affirmative defense of exhaustion of tribal remedies, Respondents must notify the Court of that decision in their Preliminary Response. That the Clerk of the Court shall serve a copy of this Order and the Petition (ECF No. #1 ) upon the following at the addresses provided by the Petitioner in his Petition, by Magistrate Judge Gordon P. Gallagher on 10/30/2018.(copies mailed as Ordered) (evana, )
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| Filing 4 SUMMONS REQUEST as to Governor Thomas Moquino re #1 Application for Writ of Habeas Corpus, by Petitioner Delano Tenorio. (Creel, Barbara) |
| Filing 3 SUMMONS REQUEST as to Acting Warden Tad High Hawk re #1 Application for Writ of Habeas Corpus, by Petitioner Delano Tenorio. (Creel, Barbara) |
| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (dbera, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 25 USC 1303 (Filing fee $ 5, Receipt Number 1082-6366198)Attorney Barbara Louise Creel added to party Delano Tenorio(pty:dft), filed by Delano Tenorio. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 Declaration, #3 Exhibit 2 Arraignment & Judgment, #4 Exhibit 3 Arraignment & Judgment)(Creel, Barbara) |
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