Figueroa (PS) v. Stancil et al
| Gerardo Figueroa |
| Andre Moses Stancil, Jason Lengerich and Philip J Weiser |
| 1:2025cv00766 |
| March 10, 2025 |
| U.S. District Court for the District of Colorado |
| Lewis T Babcock |
| Richard T Gurley |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 17
ORDER Applicant's Letter (ECF No. #14 ), Objections (ECF No. #15 ), and "Motion to Correct the Record and Request for 'Certificate of Appealability'" (ECF No. #16 ), liberally construed as Motions for Reconsideration, are DENIED. 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 7/10/2025.(norlin, )
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| Filing 16 MOTION TO CORRECT THE RECORD AND REQUEST FOR "CERTIFICATE OF APPEALABILITY" by Petitioner Gerardo Figueroa. (norlin, ) |
| Filing 15 OBJECTION to #11 Report and Recommendations filed by Petitioner Gerardo Figueroa. (norlin, ) |
| Filing 14 LETTER by Petitioner Gerardo Figueroa. (norlin, ) |
| Filing 13 JUDGMENT by Clerk re: #12 Order by Clerk on 6/2/2025. (agarc, ) Modified on 6/2/2025 to correct judgment and filed date (agarc, ). |
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Filing 12
ORDER by Judge Lewis T. Babcock on 5/30/2025. The Recommendation of United States Magistrate Judge (ECF No. #11 ) is accepted and adopted. The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (ECF No. #1 ) is DENIED and the action is dismissed as untimely. IFP on appeal is denied. No certificate of appealability will issue.(agarc, )
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| Filing 11 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE For the reasons set forth herein, it is respectfully RECOMMENDED 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 as untimely. By Magistrate Judge Richard T. Gurley on 5/7/2025. (norlin, ) |
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Filing 10
ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE This civil action is referred to the named magistrate judge to proceed according to the designations marked (X) herein. No additional orders of reference are necessary. All motions, requests, letters, and any other document seeking court action are referred automatically for resolution or recommendation by the named magistrate judge. By Judge Lewis T. Babcock on on 4/23/2025. (norlin, )
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Filing 9
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 Richard T. Gurley on 4/21/2025. (norlin, )
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| Filing 8 REPLY to #7 Pre-Answer Response, by Petitioner Gerardo Figueroa. (norlin, ) |
| Filing 7 RESPONSE to #3 Order,, for Pre-Answer Response by Respondents Andre Moses Stancil, Jason Lengerich, Philip J Weiser. (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Luna, Joshua) |
| Filing 6 NOTICE of Entry of Appearance for Respondents by Joshua J. Luna on behalf of Andre Moses Stancil, Jason Lengerich, Philip J WeiserAttorney Joshua J. Luna added to party Andre Moses Stancil(pty:res), Attorney Joshua J. Luna added to party Jason Lengerich(pty:res), Attorney Joshua J. Luna added to party Philip J Weiser(pty:res) (Luna, Joshua) |
| Filing 5 ACCEPTANCE OF SERVICE, filed by Respondents Andre Moses Stancil, Jason Lengerich, Philip J Weiser (norlin, ) |
| Filing 4 CERTIFICATE of Service by Clerk of Court re #3 Order, #1 Application for Writ of Habeas Corpus (norlin, ) |
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Filing 3
ORDER TO FILE PRE-ANSWER RESPONSE Within twenty-one (21) days from the date of this Order Respondents shall file a Pre-Answer Response that complies with this Order. Within twenty-one (21) days of the filing of the Pre-Answer Response Applicant may file a Reply, if he desires. If Respondents do not intend to raise either of the affirmative defenses of timeliness or exhaustion of state court remedies, Respondents must notify the Court of that decision in the Pre-Answer Response. By Magistrate Judge Richard T. Gurley on 3/11/2025. (norlin, )
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| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley. Text Only Entry (efoga, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2254 (Filing fee $ 5, Receipt Number 113541), filed by Gerardo Figueroa.(efoga, ) |
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