Erskine v. Warden of the Colorado Territorial Correctional Facility, The
| Lewis E. Erskine |
| Warden of the Colorado Territorial Correctional Facility, The |
| 1:2022cv00698 |
| March 21, 2022 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Gordon P Gallagher |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 st - Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on June 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 15 LETTER Transmitting to the U.S. Court of Appeals for the Tenth Circuit Supplemental Preliminary Record for #10 Notice of Appeal filed by Lewis E. Erskine. (USCA Case No. 22-1177) (Attachments: #1 Docket Sheet, #2 Supplemental Preliminary Record)(trvo, ) |
Filing 14
ORDER. This matter is before the Court on an order entered by the United States Court of Appeals for the Tenth Circuit. (ECF No. #13 ). The Tenth Circuit ordered a limited remand for this Court to consider whether a certificate of appealability (COA) should issue in connection with Petitioner's pending appeal from the order and judgment denying his 28 U.S.C. 2241 habeas corpus application. (ECF Nos. #8 , #9 ). The Court concludes that a COA should not issue. By Judge Lewis T. Babcock on 6/10/2022. (trvo, ) (copy sent as ordered)
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Filing 13
ORDER of USCA as to #10 Notice of Appeal filed by Lewis E. Erskine: In light of this court's decision in United States v. Higley, No. 17-1111 (10th Cir. Sep. 29, 2017) (unpublished) (stating that the district court must ordinarily decide, in the first instance, whether to issue a COA), we direct a limited remand to the district court to consider whether to issue a COA for this appeal. Pending a decision by the district court, this appeal is abated. Within 5 days after the district court issues its decision, the Clerk of the district court is directed to supplement the preliminary record. (USCA Case No. 22-1177) (trvo, )
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| Filing 12 USCA Case Number 22-1177 for #10 Notice of Appeal filed by Lewis E. Erskine. (trvo, ) |
| Filing 11 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #10 Notice of Appeal filed by Lewis E. Erskine to the U.S. Court of Appeals for the Tenth Circuit. (Pro Se, Fee not paid and 1915 motion not filed) (Attachments: #1 Docket Sheet, #2 Preliminary Record)(trvo, ) |
| Filing 10 NOTICE OF APPEAL as to #8 Order #9 Judgment by Petitioner Lewis E. Erskine. (Attachments: #1 USCA Letter re: Misdirected Notice of Appeal)(trvo, ) |
| Filing 9 JUDGMENT by Clerk re: #8 Order on 5/4/2022. (trvo, ) |
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Filing 8
ORDER. Petitioner's written objections (ECF No. #7 ) are OVERRULED. The Recommendation of United States Magistrate Judge (ECF No. #6 ) is ACCEPTED AND ADOPTED. The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (ECF No. #1 ) and this action are DISMISSED WITHOUT PREJUDICE for the reasons stated in the Recommendation. Leave to proceed in forma pauperis on appeal is DENIED WITHOUT PREJUDICE to the filing of a motion seeking leave to proceed in forma pauperis on appeal in the United States Court of Appeals for the Tenth Circuit. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this dismissal would not be taken in good faith. By Judge Lewis T. Babcock on 5/4/2022. (trvo, )
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| Filing 7 OBJECTION to #6 Recommendation of United States Magistrate Judge filed by Petitioner Lewis E. Erskine. (trvo, ) |
| Filing 6 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #1 Application for Writ of Habeas Corpus filed by Lewis E. Erskine. This Court respectfully recommends that the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (ECF No. #1 ) be denied and the action be dismissed without prejudice based on a lack of jurisdiction. By Magistrate Judge Gordon P. Gallagher on 04/01/2022. (athom, ) |
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Filing 5
ORDER of Reference to United States Magistrate Judge Gordon P. Gallagher. By Judge Lewis T. Babcock on 04/01/2022. All future pleadings should be designated as 22-cv-00698-LTB-GPG. (athom, )
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| Filing 4 Mail Returned as Undeliverable re: 2 Case Assigned to Judge, #1 Application for Writ of Habeas Corpus. Addressed to Lewis E. Erskine. (sdunb, ) |
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Filing 3
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 3/30/2022. (trvo, )
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| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (tgall, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number COX102555), filed by Lewis E. Erskine. (Attachments: #1 Envelope)(tgall, ) |
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