Carlson v. Masters et al
| Julie Carlson |
| Attorney General of the State of Colorado, The and William Masters |
| 1:2020cv02363 |
| August 10, 2020 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Gordon P Gallagher |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 28 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that the Application (ECF No. #1 ) and this action be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. That the Clerk of Court is directed to serve this Recommendation to counsel for Applicant, Mr. George Allen, at the address and email address on the docket, and to Applicant, Ms. Julie Carlson, at the following address indicated on the filing at ECF No. 21-1: Ms. Julie Carlson, 103 Timberline Court, Telluride, CO 81435 by Magistrate Judge Gordon P. Gallagher on 9/29/2020. (mailed as Ordered) (evana, ) |
Filing 27
ORDER REFERRING CASE TO UNITED STATES MAGISTRATE JUDGE This action is under review pursuant to D.C.COLO.LCivR 8.1. Pursuant to 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1, United States Magistrate Judge Gordon P. Gallagher is designated to conduct proceedings in this civil action, by Judge Lewis T. Babcock on 9/28/2020. (evana, )
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Filing 26
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 8.1, the Clerk of Court is directed to assign this matter to Senior Judge Lewis T. Babcock. The undersigned will remain as the assigned magistrate judge. By Magistrate Judge Gordon P. Gallagher on September 25, 2020. (rvill, )
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| Filing 25 ANSWER to Complaint by William Masters. (Attachments: #1 Exhibit 1: Certified Register of Actions San Miguel County Court 2018CR2, #2 Exhibit 2: Certified Register of Actions San Miguel District Court 2013CR52, #3 Exhibit 3: Sentencing Order,2018CR2, dated January 14, 2019, #4 Exhibit 4: Order Affirming County Courts Sentencing Order, 2019CV30002, dated July 20, 2019, #5 Exhibit 5: Order denying Petition for Writ of Certiorari, 2019SC623, dated October 7, 2019, #6 Exhibit 6: Order On Defendants Rule 35(c) Motion, 2018CR2, dated December 18, 2019, #7 Exhibit 7: Order On Defendants Rule 35(b) Motion, 2018CR2, dated December 18, 2019, #8 Exhibit 8: Order Dismissing Appeal, 2020CV30005, dated February 18, 2020, #9 Exhibit 9: Order denying Petition for Writ of Certiorari, 2020SC268, dated June 15, 2020, #10 Exhibit 10: Return of Mittimus/Sentence Served, 2018CR2, dated August 23, 2020, #11 Exhibit 11: Second Sentencing Order, 2013CR52, dated May 9, 2020, #12 Exhibit 12: Order Denying Motion to Withdraw Alford Plea and Petition for Post-Conviction Relief, 2013CR52, dated March 22, 2018, #13 Exhibit 13: Order Affirming Trial Court, 2018CA0605, dated February 21, 2019, #14 Exhibit 14: Order denying Petition for Writ of Certiorari, 2019SC255, dated December 23, 2019, #15 Exhibit 15: Order on Mandate from Court of Appeals, 2013CR52, dated December 30, 2019)(Markwell, Amy) |
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Filing 24
MINUTE ORDER Respondent Attorney General of the State of Colorado's "Unopposed Motion to Dismiss Attorney General as a Respondent" (ECF No. #22 ) is GRANTED. The Attorney General of the State of Colorado is hereby dismissed from this action and shall be removed from the caption, by Judge Lewis T. Babcock on 9/2/2020.(evana, ) (evana, ). (Modified on 9/3/2020 Attached correct PDF Order)(evana, ).
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Filing 23
MINUTE ORDER Applicant's counsel filed a "Notice to the Court of Julie Carlson's Handwritten Request to the Court that George M. Allen Be Removed as Her Counsel in This Matter" (ECF No. #21 ). It is unclear whether Applicant or her attorney are requesting court action. Any request for a court order must comply with Rule 7 of the Federal Rules of Civil Procedure. Pursuant to Rule 7(b)(1), [a] request for a court order must be made by motion." If counsel for Applicant desires to withdraw his appearance, he also must comply with D.C.COLO.LAttyR 5(b)., by Magistrate Judge Gordon P. Gallagher on 9/1/2020. (evana, )
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| Filing 22 Unopposed MOTION to Dismiss Party Colorado Attorney General by Respondent Attorney General of the State of Colorado, The. (Crane, Ryan) |
| Filing 21 RESTRICTED DOCUMENT - Level 1: NOTICE to the court by Petitioner Julie Carlson.. (Attachments: #1 Exhibit Hand-Written Request from Applicant Julie Carlson, #2 Exhibit Copy of Allen Consent to Withdrawal in. San Miguel Case 14-CR-30002, #3 Exhibit Copy of Allen - Markwell Email Exchange Regarding Julie Carlson Authorization for Habeas Filing, #4 Exhibit Copy of Allen to Mark Silverstein for ACLU participation on behalf of Julie Carlson in this Case, #5 Exhibit Copy of Amended Mittimus in 18-CR-02 dated January 3, 2020)(Allen, George) (Modified on 9/1/2020 edited to put the title of the document in the text)(evana, ). |
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Filing 20
MINUTE ORDER Respondent Masters' Unopposed Motion for Extension of Time to File Pre-Answer Response Pursuant to D.C.COLO.LCivR 6.1 (ECF No. #19 ) is GRANTED. Respondent Masters must comply with the Order to File Pre-Answer Response (ECF No. #8 ) on or before September 23, 2020, by Magistrate Judge Gordon P. Gallagher on 8/27/2020.(evana, )
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| Filing 19 First MOTION for Extension of Time to File Pre-Answer Response by Respondent William Masters. (Markwell, Amy) |
| Filing 18 NOTICE of Entry of Appearance by Amy Timson Markwell on behalf of William MastersAttorney Amy Timson Markwell added to party William Masters(pty:res) (Markwell, Amy) |
| Filing 17 NOTICE of Entry of Appearance by Ryan Alan Crane on behalf of Attorney General of the State of Colorado, TheAttorney Ryan Alan Crane added to party Attorney General of the State of Colorado, The(pty:res) (Crane, Ryan) |
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Filing 16
MINUTE ORDER Applicant's Initial Motion to Restrict Certain Documents Pursuant to D.C.COLO.LCivR 7.2 (ECF Nos. #6 , 7 ) is GRANTED as follows. The filings at ECF Nos. #5 and #6 shall be maintained under restricted access at Level 1, by Magistrate Judge Gordon P. Gallagher on 8/19/2020.(evana, )
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Filing 15
ORDER that the Emergency Motion for Release on Bail Pendente Lite (ECFNo. #11 ) is DENIED, by Judge Lewis T. Babcock on 8/18/2020.(evana, )
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| Filing 14 RECEIPT for Return of Green Card for Certified Mail re: #9 Certificate of Service on Order to Answer upon William Maestas Sheriff of San Miguel County (evana, ) |
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Filing 13
MINUTE ORDER On August 14, 2020, counsel for Applicant sent an email to Magistrate Judge Gallagher's personal email address. The email and its two attachments are attached to this Minute Order. This is an inappropriate use of the undersigned's personal contact information. Applicant must immediately cease sending emails to Magistrate Judge Gallagher's personal email address. Further, the Court warns Applicant that any ex parte communications, including telephone calls and emails, are prohibited. Local Rule 77.2, which concerns ex parte communication with the Court, provides that "[u]nless otherwise ordered, a party to... a proceeding shall not communicate directly about the proceeding in any manner with a judicial officer assigned to the proceeding." D.C.COLO.LCivR 77.2. All matters to be called to a judicial officer's attention shall be submitted through the electronic case docket under the Electronic Case Filing Procedures or the Clerk's Office, Arraj U.S. Courthouse, 901 19th Street, Room A105, Denver, CO 80294-3589. Any request for court action must be made in the form of a filed written motion,. Fed. R. Civ. P. 7(b)(1) ("A request for a court order must be made by motion"), by Magistrate Judge Gordon P. Gallagher on 8/17/2020. (Attachments: # 1, # 2, # 3) (evana, )
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| Filing 12 NOTICE OF CASE ASSOCIATION OF THIS CASE WITH CASE 20-cv-2460 by George Maurice Allen on behalf of Julie Carlson (Attachments: #1 Exhibit COPY OF EMAIL FROM COUNSEL FOR APPLICANT TO EMAIL ADDRESS OF THE COURT'S LAW FIRM)(Allen, George) |
| Filing 11 Unopposed MOTION to Expedite Consideration of and Release Applicant on Bail Pursuant to 28 U.S.C.2254 by Petitioner Julie Carlson. (Allen, George) |
| Filing 10 ACKNOWLEDGMENT of Service of Order to file Pre-Answer Response upon Office of the Attorney General of the State of Colorado on August 13, 2020 (evana, ) |
| Filing 9 CERTIFICATE of Service by Clerk of Court re #8 Order to File Pre-Answer Response, #1 Application for Writ of Habeas Corpus for Service of Process. (Attachments: #1 USPS Certified Mail Receipt) (jtorr, ) |
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Filing 8
ORDER that within twenty-one (21) days from the date of this Order Respondents shall file a Pre-Answer Response that complies with this Order. that within twenty-one (21) days of the filing of the Pre-Answer Response Applicant may file a Reply, if she desires, by Magistrate Judge Gordon P. Gallagher on 8/11/2020. (evana, )
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| Filing 7 INITIAL MOTION TO RESTRICT CERTAIN DOCUMENTS PURSUANT TO D.C.COLO. LCivR 7.2, by Petitioner Julie Carlson. (Public entry #6 Restricted Document level 1.) (apesa, ) |
| Filing 6 RESTRICTED DOCUMENT - Level 1: by Petitioner Julie Carlson.. (Allen, George) |
| Filing 5 RESTRICTED DOCUMENT - Level 2: by Petitioner Julie Carlson.. (Allen, George) |
| Filing 4 STATE COURT RECORDS from Petition for Writ of Certiorari Filed in Colorado Supreme Court on April 15, 2020 and to be included in Application Submitted Earlier Today but inadvertently overlooked by Counsel for Applicant by Petitioner Julie Carlson. (Allen, George) |
| Filing 3 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: George Maurice Allen. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (jtorr, ) |
| Filing 1 APPLICATION for a Writ of Habeas Corpus Pursuant to 28 USC 2254 BY JULIE CARLSON (Filing fee $ 5, Receipt Number 1082-7426984)Attorney George Maurice Allen added to party Julie Carlson(pty:dft), filed by Julie Carlson. (Attachments: #1 Exhibit REPORTS OF DR. SUSANNAH SMITH, Ph.D, #2 Exhibit DECLARATION OF RICHARD (CHANCE) LEOFF, #3 Civil Cover Sheet)(Allen, George) Modified to correct title on 8/10/2020 (jtorr, ). |
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