BARLOW v. SUNIA, et al
| JAMES GLENN BARLOW |
| SOLIALI'I FALEPO, TAUESE VA'AOMALA SUNIA and DAVID L. BERNHARDT |
| 1:2019cv03442 |
| November 15, 2019 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Prisoner Petition: General (Habeas Corpus) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on December 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 34 Summons (1) Issued as to DAVID L. BERNHARDT. (adh, ) |
MINUTE ORDER granting #33 Motion to Issue Summons (Second). On November 12, 2019, the United States District Court for the District of Hawaii granted Respondents' motion to dismiss and transferred Petitioner's petition for writ of habeas corpus to this Court because Petitioner failed to name a proper respondent over which the District of Hawaii had jurisdiction. Barlow v. Sunia, No. CV 18-00423-JAO-KJM, 2019 WL 5929736, at *1, *6 (D. Haw. Nov. 12, 2019). Because Petitioner filed a habeas corpus petition challenging his detention in American Samoa from a conviction in the High Court of American Samoa and "the [United States] Secretary [of the Interior] has plenary authority over the judicial system of American Samoa[,]" id. at *8, the court determined that "Petitioner can perfect the form of his petition in the District of Columbia upon transfer, i.e., by amending the petition to name the Secretary [of the Interior]," id. at *9. On December 12, 2019, Petitioner filed an amendment to the petition, adding the Secretary of the Interior as a respondent. See Am. re #1 Pet. for Writ of Habeas Corpus, ECF No. #30 at 1. It is hereby ORDERED that Petitioner's Second Motion for Leave to Issue Summons, ECF No. 33, is GRANTED. The Clerk of Court is directed to issue a summons with respect to the Secretary of the Interior. Signed by Judge Emmet G. Sullivan on 12/17/2019. (lcegs3)
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| Filing 33 MOTION to Issue Summons (Second) by JAMES GLENN BARLOW (Adams, Bentley C) |
| Filing 32 MOTION to Issue Summons by JAMES GLENN BARLOW (Adams, Bentley C) |
| NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #31 Request for Summons to Issue was entered in error. Summons are not issued as to Petition for Habeas Corpus without a Motion for Leave of Court.(jf) |
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MINUTE ORDER denying without prejudice #32 Motion to Issue Summons for failure to comply with Local Civil Rule 7(c) ("Each motion and opposition shall be accompanied by a proposed order"). Signed by Judge Emmet G. Sullivan on 12/16/2019. (lcegs3)
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| Filing 31 ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE re #30 Amended Complaint filed by JAMES GLENN BARLOW. Related document: #30 Amended Complaint filed by JAMES GLENN BARLOW.(Adams, Bentley C) Modified on 12/16/2019 (jf). |
| Filing 30 AMENDED re #1 PETITION for Writ of Habeas Corpus against DAVID L. BERNHARDT filed by JAMES GLENN BARLOW.(Adams, Bentley C) Modified on 12/16/2019 to correct docket link/text (jf). |
| Filing 29 NOTICE of Appearance by Bentley C C Adams, III on behalf of JAMES GLENN BARLOW (Adams, Bentley C) |
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Filing 28
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 12/06/19. (Attachment: Exhibit 1) (mac)
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| Filing 27 Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bentley C. Adams III, Filing fee $ 100, receipt number ADCDC-6615633. Fee Status: Fee Paid. by JAMES GLENN BARLOW (Lebowitz, Jacob) |
| Filing 26 NOTICE of Appearance by Jacob M. Lebowitz on behalf of JAMES GLENN BARLOW (Lebowitz, Jacob) |
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MINUTE ORDER granting #27 Consent Motion for Leave to Appear Pro Hac Vice. Attorney Bentley C. Adams, III is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 12/4/2019. (lcegs3)
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| Filing 25 Case transferred in from District of Hawaii; Case Number 1:18-cv-00423. Original file certified copy of transfer order and docket sheet received. |
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Filing 24
ORDER GRANTING RESPONDENTS' MOTION TO DISMISS AND TRANSFERRING PETITION FOR WRIT OF HABEAS CORPUS re #14 - Signed by JUDGE JILL A. OTAKE on 11/12/2019. For the foregoing reasons, the Court GRANTS Respondents' Motion, DISMISSES Respondents from this action, and TRANSFERS the Petition to the United States District Court for the District of Columbia. (emt, ) [Transferred from Hawaii on 11/15/2019.]
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| Filing 23 REPLY re #14 Respondents Tauese Va'aomala Sunia and Soliali'i Falepo's MOTION to Dismiss Petitioner James Glenn Barlow's Petition for Habeas Corpus, filed October 31, 2018 filed by Soliali'i Falepo, Tauese Va'aomala Sunia. (Attachments: #1 Certificate of Service)(Iosua, Michael) [Transferred from Hawaii on 11/15/2019.] |
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Filing 22
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ELEASALO VA'ALELE ALE re #17 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/1/2019. (emt, ) [Transferred from Hawaii on 11/15/2019.]
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| Filing 21 AMENDED DOCUMENT by Soliali'i Falepo, Tauese Va'aomala Sunia. Amendment to #17 MOTION for Pro Hac Vice As To Eleasalo Va'alele Ale Filing fee $ 300, receipt number 0975-2265757., #20 Errata RESPONDENTS TAUESE VAAOMALA SUNIA AND SOLIALII FALEPOS AMENDED ERRATA TO THEIR MOTION TO APPEAR PRO HAC VICE, FILED SEPTEMBER 20, 2019, FILED SEPTEMBER 25, 2019; CERTIFICATE OF SERVICE. (Attachments: #1 Certificate of Service)(Iosua, Michael) [Transferred from Hawaii on 11/15/2019.] |
| Filing 20 Errata re #17 MOTION for Pro Hac Vice As To Eleasalo Va'alele Ale Filing fee $ 300, receipt number 0975-2265757. . (Attachments: #1 Certificate of Service)(Iosua, Michael) [Transferred from Hawaii on 11/15/2019.] |
| Filing 19 RESPONSE in Opposition to #17 Eleasala Va'alele Ale's Motion to Appear Pro Hac Vice filed by James Glenn Barlow. (Adams, Bentley) Modified on 9/25/2019 to add linkage to underlying motion (emt, ). [Transferred from Hawaii on 11/15/2019.] |
| Filing 18 EO: Respondents are directed to file a reply to their #14 Motion to Dismiss by 10/7/19. (JUDGE JILL A. OTAKE)(otake1) [Transferred from Hawaii on 11/15/2019.] |
| Filing 17 MOTION for Pro Hac Vice As To Eleasalo Va'alele Ale Filing fee $ 300, receipt number 0975-2265757.Michael L. Iosua appearing for Respondents Soliali'i Falepo, Tauese Va'aomala Sunia (Attachments: #1 Proposed Order)(Iosua, Michael) [Transferred from Hawaii on 11/15/2019.] |
| Filing 16 RESPONSE in Opposition Certificate of Service re #15 filed by James Glenn Barlow. (Adams, Bentley) Docket text modified on 9/20/2019 (emt, ). [Transferred from Hawaii on 11/15/2019.] |
| Filing 15 RESPONSE in Opposition to #14 Respondent's Motion to Dismiss filed by James Glenn Barlow. (Attachments: #1 Exhibit Exhibit U)(Adams, Bentley) Modified on 9/23/2019 to add linkage to underlying motion (emt, ). [Transferred from Hawaii on 11/15/2019.] |
| Filing 14 Respondents Tauese Va'aomala Sunia and Soliali'i Falepo's MOTION to Dismiss Petitioner James Glenn Barlow's Petition for Habeas Corpus, filed October 31, 2018 Michael L. Iosua appearing for Respondents Tauese Va'aomala Sunia, Soliali'i Falepo (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service)(Iosua, Michael) Docket text modified on 9/9/2019 (emt, ). [Transferred from Hawaii on 11/15/2019.] |
| COURT'S CERTIFICATE of Service - a copy of the #12 ORDER TO SHOW CAUSE AND DIRECTING RESPONDENTS TO ANSWER HABEAS PETITION, 13 Minute Order and #1 Petition for Writ of Habeas Corpus have been served by Certified Mail, Return Receipt Requested, to Soliali'i Felepo at 1427 Dillingham Boulevard, Suite 210, Honolulu, HI 96817 on August 13, 2019 (Article Number 7071 3040 0000 0393 4560 7016 2710 0000 8779 4346). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) Modified on 8/13/2019 (emt, ). [Transferred from Hawaii on 11/15/2019.] |
| COURT'S CERTIFICATE of Service - a copy of the #12 ORDER TO SHOW CAUSE AND DIRECTING RESPONDENTS TO ANSWER HABEAS PETITION, 13 Minute Order and #1 Petition for Writ of Habeas Corpus has been served by Certified International Mail, Return Receipt Requested, via USPS Priority Express Mail to Tauese Va'aomala Sunia, Warden at Tafuna Correctional Facility, Tafuna, American Samoa, 96799 (Article No. LC462213284 US), Tauese Va'aomala Sunia, Warden, American Samoa Territorial Correctional Facility, Department of Public Safety, P. O. Box 1086, Pago Pago, American Samoa, 96799 (Article No. LC462213298 US) and Eleasalo Va'alele Ale , Attorney General of American Samoa, Department of Legal Affairs, P. O. Box 7, Utulei, American Samoa, 96799 (Article No. LC462213307 US) on August 13, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) [Transferred from Hawaii on 11/15/2019.] |
| Filing 13 EO: On August 9, 2019, the Court issued an Order to Show Cause and Directing Respondents to Answer Habeas Petition ("the Order"). The Order directed the Clerk of Court to serve a copy of the Order on the Respondents at the specified addresses. The Court also directs the Clerk of Court to serve the Order and a copy of the Habeas Petition on Respondent Tauese Va'aomala Sunia at the following address: Tauese Va'aomala SuniaWarden, American Samoa Territorial Correctional FacilityDepartment of Public SafetyAmerican Samoa GovernmentPost Office Box 1086Pago Pago, American Samoa 96799 (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 11/15/2019.] |
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Filing 12
ORDER TO SHOW CAUSE AND DIRECTING RESPONDENTS TO ANSWER HABEAS PETITION - Signed by JUDGE JILL A. OTAKE on 8/9/2019. The Court ORDERS Respondents to show cause why the petition should not be granted and to file an Answer and/or a dispositive motion by September 6, 2019. Petitioner may file a reply or opposition to Respondents' answer or dispositive motion by September 20, 2019. (emt, ) [Transferred from Hawaii on 11/15/2019.]
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| Filing 11 EO: In light of the #10 Notice of Withdrawal of #9 Motion to Appear Pro Hac Vice, the #9 Motion to Appear Pro Hac Vice is hereby TERMINATED. The USDC Finance Department shall return the Filing fee amount of $300, receipt number 0975-2186897. (cc: USDC Finance) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1) [Transferred from Hawaii on 11/15/2019.] |
| Filing 10 NOTICE of Withdrawal of #9 Application for Admission of Pro Hac Vice and REQUEST for Refund of Application Fee by Bentley C. Adams, III on behalf of James Glenn Barlow. (Adams, Bentley) Modified on 4/17/2019 (emt, ). [Transferred from Hawaii on 11/15/2019.] |
| Filing 9 MOTION for Pro Hac Vice Simon Weinstein Filing fee $ 300, receipt number 0975-2186897.Bentley C. Adams, III appearing for Petitioner James Glenn Barlow (Adams, Bentley) [Transferred from Hawaii on 11/15/2019.] |
| Filing 8 SUMMONS Returned Executed by James Glenn Barlow. Soliali'i Falepo. (Adams, Bentley) [Transferred from Hawaii on 11/15/2019.] |
| Filing 7 SUMMONS Returned Executed by James Glenn Barlow. Tauese Va'aomala Sunia. (Adams, Bentley) [Transferred from Hawaii on 11/15/2019.] |
| Filing 6 Summons Issued as to Soliali'i Falepo, Tauese Va'aomala Sunia. (cib, ) [Transferred from Hawaii on 11/15/2019.] |
| Filing 5 NOTICE of Case Assignment; Please reflect Civil case number CV 18-00423-JAO-KJM on all further pleadings. (cib, ) [Transferred from Hawaii on 11/15/2019.] |
| Filing 4 CERTIFICATE of Counsel re #3 Pretrial Memorandum,, #1 Petition for Writ of Habeas Corpus . (Attachments: #1 Certificate of Service Corrected Certificate)(Adams, Bentley) [Transferred from Hawaii on 11/15/2019.] |
| Filing 3 MEMORANDUM Of Law In Support of Petition Under 28 U.S.C. 2241 For A Writ Of Habeas Corpus re #1 filed by James Glenn Barlow. (Attachments: #1 Appendix Exhibit Index, #2 Appendix Petitioner's Verification, #3 Certificate of Service, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Exhibit Exhibit E, #9 Exhibit Exhibit F, #10 Exhibit Exhibit G, #11 Exhibit Exhibit H, #12 Exhibit Exhibit I, #13 Exhibit Exhibit J, #14 Exhibit Exhibit K, #15 Exhibit Exhibit L, #16 Exhibit Exhibit M, #17 Exhibit Exhibit N, #18 Exhibit Exhibit O, #19 Exhibit Exhibit P, #20 Exhibit Exhibit Q, #21 Exhibit Exhibit R, #22 Exhibit Exhibit S, #23 Exhibit Exhibit T, #24 Exhibit Exhibit V)(Adams, Bentley) [Transferred from Hawaii on 11/15/2019.] |
| Filing 2 Summons (Proposed) (Adams, Bentley) [Transferred from Hawaii on 11/15/2019.] |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0975-2112849.), filed by James Glenn Barlow. (Attachments: #1 Civil Cover Sheet)(Adams, Bentley) [Transferred from Hawaii on 11/15/2019.] |
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